TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the Thirteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II with Wharton-Smith, Inc., in the Amount of $84,342.00, for Demolition Services at the Art Center Building.
Recommended Action
Option 1: Approve the Thirteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 for Construction Services Contract Phase II with Wharton-Smith, Inc., in the amount of $84,342.00, for demolition services at the Art Center building.
City Commission Options
Option 1: Approve the Thirteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 with Wharton-Smith, Inc., for demolition services at the Art Center building.
• Pros: Advances the project on schedule utilizing a qualified vendor selected through a competitive process. This prevents costly repairs from Hurricane Ian damages and deferred maintenance, as the facility is not designed to current wind load requirements and does not comply with current ADA standards.
• Cons: Displacement of the current non-profit tenant.
Option 2: Deny the Thirteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 with Wharton-Smith, Inc., for demolition services at the Art Center building.
• Pros: Allows the current non-profit tenant to remain in place.
• Cons: The cost of required repairs and deferred maintenance surpasses the cost of demolition. Given the facility’s age and condition, there is a higher likelihood of wind damage to the facility from future storms.
Background Information
Due to Hurricane Ian, the Art Center building sustained significant damage and requires extensive repairs. In addition, the facility has a significant amount of deferred maintenance which will be required if the facility is to remain in operation. Staff has continued to work with representatives from the Federal Emergency Management Agency, (FEMA), Rostan Solutions, Inc., and the City insurance provider, Halliwell, to identify funding availability for reimbursement of this project.
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 One: 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 Two: 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 Thirteenth 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 the demolition of the Art Center building. Accordingly, staff requests City Commission approval of the Thirteenth Amendment to CMaR Contract No. 2023-17.001 with Wharton-Smith, Inc., in the amount of $84,342.00 to begin the second step of the CMaR process.
The Thirteenth Amendment to Construction Manager at Risk Contract No. 2023-17.001 has been reviewed by the Interim City Attorney and is legally correct as to form.
Strategic Plan Pillar
Infrastructure & Facilities Integrity
Financial Impact
Funding in the amount of $84,342.00 is allocated in the Fiscal Year 2025 budget in Project No. IAN22, account number 001-0760-519.46-04.
Procurement
Phase II - Demolition Services at the Art Center Building 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.
Attachments:
1. Amendment No. Thirteen
2. Contract
3. Florida Division of Corporations Document
Prepared by: Garrett Woods, CPWP-M, Senior Business Manager
Department Director: Chuck Speake, Public Works Director