TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and Between the City of North Port, Florida, and Wharton-Smith, Inc., for Construction of a Public Works Pole Barn in the Amount of $582,175.00.
Recommended Action
Option 1: Approve Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and between the City of North Port, Florida, and Wharton-Smith, Inc., for construction of a Public Works pole barn in the amount of $582,175.00.
Additional Commission Options
Option 1: Approve Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and between the City of North Port, Florida, and Wharton-Smith, Inc., for construction of a Public Works pole barn in the amount of $582,175.00.
• Pros: Advances the project on schedule utilizing a qualified vendor selected through a competitive process. This will support the overall Public Works facility improvement plan by addressing ongoing storage and workspace deficiencies, which can improve staff productivity, protect equipment and enhance service efficiency.
• Cons: Increases overall project costs, which may impact budget availability for other critical infrastructure or maintenance needs.
Option 2: Deny Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and between the City of North Port, Florida, and Wharton-Smith, Inc., for construction of a Public Works pole barn in the amount of $582,175.00.
• Pros: Funds could be used for an alternate Public Works projects.
• Cons: Delaying the pole barn construction may disrupt the broader Public Works facility improvement plan and prolong operational inefficiencies. Inadequate storage and work conditions could impact staff productivity, equipment longevity, and overall service efficiency.
Background Information
The Department of Public Works, Road and Drainage Division’s Operations Building was built in the 1990s. It served as a maintenance garage for the Department of Public Works and later was fitted for office space, restrooms, a small breakroom, and a covered storage and work area. In 2022, Hurricane Ian caused significant damage to the building. The estimated cost to repair the damage exceeds 50% of the building’s market value, triggering what is known as Federal Emergency Management Agency’s “50% Rule,” officially known as the Substantial Improvement/Substantial Damage Rule. This rule requires that if a structure in a flood zone is damaged by more than 50% of its value, it must be brought up to all current building and floodplain codes rather than simply being repaired. The Public Works Operations building has since been demolished and the underlying area became additional parking. Office staff was relocated to temporary office trailers; however, the activities of the Operations field crew remain displaced. This pole barn will serve as a multi-purpose space, giving field staff members equipment storage, a dry area in which they can perform maintenance or repairs on equipment, and a space in which they can gather as a team to receive briefings, training or daily orders.
Upon evaluation of the project, the use of the Construction Manager at Risk (CMaR) Continuing Services Contract has been identified as the most expedient path to complete this project. The CMaR contracting process includes the following two phases:
Ø Phase I: The Contractor is selected and issued a Work Assignment for the Pre-Construction Phase. During this portion of the project, the contractor evaluates the scope of work, obtains quotes from subcontractors, and develops the Guaranteed Maximum Price (GMP).
Ø Phase II: The Construction Phase follows the Pre-Construction Phase. During this phase, the contractor proceeds with the actual construction work based on the agreed GMP. The Fifteenth Amendment to the CMaR Contract No. 2023-17.001 represents the authorization and funding for this second phase of the project.
The Department of Public Works provided a direct selection of Wharton-Smith, Inc., as the preferred CMaR to perform construction services for the new pole barn on the Public Works campus. Accordingly, staff requests City Commission approval of the Fifteenth Amendment to CMaR Contract No. 2023-17.001 with Wharton-Smith, Inc., in the amount of $582,175.00 to begin Phase Two of the CMaR process.
The Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and between the City of North Port, Florida, and Wharton-Smith, Inc., for construction of a Public Works pole barn has been reviewed by the Interim City Attorney and is legally correct as to form.
The Fifteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II by and between the City of North Port, Florida, and Wharton-Smith, Inc., for construction of a Public Works pole barn was provided to the City Clerk's Office on October 3, 2025, for signature subject to City Commission approval.
Strategic Plan Pillar
Infrastructure & Facilities Integrity
Financial Impact
Funding in the amount of $582,175 is available in Fiscal Year 2026 Road and Drainage District Budget, Project Number R25PBC, account number 107-5000-541.62-00.
Procurement
Phase II - Public Works Pole Barn Construction Manager at Risk Contract No. 2023-17.001 was procured pursuant Chapter 2 Administration, Article VIII Procurement, Section 2-406 Professional services selection under Consultants’ Competitive Negotiation Act (CCNA), F.S. § 287.055 of the Code of the City of North Port, Florida.
Wharton-Smith, Inc.
750 Monroe Rd
Sanford, FL 32771
Attachments:
1. Amendment
2. Contract No. 2023-17.001
3. Florida Division of Corporations Document
Prepared by: Garrett Woods, CPWP-M, Senior Business Manager
Department Director: Chuck Speake, Director of Public Works