TO: Honorable Mayor & Members of the North Port Commission
FROM: A. Jerome Fletcher II, ICMA-CM, MPA, City Manager
TITLE: Approve the Seventeenth Amendment to Agreement No. 2023-17.001 By and Between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 By and Between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 By and Between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 By and Between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 By and Between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services Adding a Renewal Term of Two (2) Additional Two (2) Year Terms by Mutual Agreement and Within Budgetary Limitations, at the Same Terms and Conditions and Authorize the City Manager to Approve all Future Renewals.
Recommended Action
Option 1: Approve the Seventeenth Amendment to Agreement No. 2023-17.001 by and between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 by and between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 by and between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 by and between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 by and between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services adding a renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions and authorize the City Manager to approve all future renewals.
City Commission Options
Option 1: Approve the Seventeenth Amendment to Agreement No. 2023-17.001 by and between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 by and between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 by and between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 by and between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 by and between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services adding a renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions and authorize the City Manager to approve all future renewals.
• Pros: Provides the City with a Construction Manager at Risk Contract allowing better design and cost control through a guaranteed maximum price and value engineering while using a qualified vendor selected through a competitive process. This action allows for faster project delivery through phased construction, improved collaboration and communication, and increased quality and accountability as the Construction Manager assumes the risk, making this process ideal for complex or fast-tracked projects.
• Cons: Limited number of qualified contractors who have robust pre-construction services in place. Less emphasis on lowest cost than traditional design-bid-build approach.
Option 2: Deny the Seventeenth Amendment to Agreement No. 2023-17.001 by and between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 by and between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 by and between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 by and between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 by and between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services adding a renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions and authorize the City Manager to approve all future renewals.
• Pros: Potentially lower cost through traditional Design-Bid-Build procurement.
• Cons: City of North Port assumes more responsibility, longer delays in procurement process, design, pre-construction phase, and construction phase. City of North Port does not have the specialized staff to manage large complex projects that need to be fast-tracked due to hurricane damage.
The Seventeenth Amendment to Agreement No. 2023-17.001 by and between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 by and between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 by and between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 by and between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 by and between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services adding a renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions and authorize the City Manager to approve all future renewals has been reviewed by the City Attorney and is legally correct as to form.
The Seventeenth Amendment to Agreement No. 2023-17.001 by and between the City of North Port, Florida, and Wharton-Smith, Inc., Eighteenth Amendment to Agreement 2023-17.002 by and between the City of North Port, Florida, and Halfacre Construction Company, Sixth Amendment to Agreement 2023-17.003 by and between the City of North Port, Florida, and AJAX Building Company, LLC, Thirteenth Amendment to Agreement 2023-17.004 by and between the City of North Port, Florida, and Jon F. Swift, Inc., and Third Amendment to Agreement 2023-17.005 by and between the City of North Port, Florida, and Willis A. Smith Construction Inc., for Construction Manager at Risk Services adding a renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions and authorize the City Manager to approve all future renewals has been reviewed by the City Attorney and is legally correct as to form were provided to the City Clerk’s Office on January 27, 2026, for signatures, subject to City Commission approval.
Background Information
In the immediate aftermath of Hurricane Ian, the City of North Port Public Works Department expressed a need for a Construction Manager at Risk contract. The City of North Port Public Works Department developed a contract in conjunction with the City Attorney’s Office.
During the City Commission Regular Meeting held on May 23, 2023, the Commission approved Agreement No. 2023-17.001, Agreement 2023-17.002, Agreement 2023-17.003, Agreement 2023-17.004, and 2023-17.005 for Construction Manager at Risk with Wharton Smith, Inc., Halfacre Construction Company, AJAX Building Company, LLC., Jon F. Swift Inc., and Willis A. Smith Construction Inc. The original term of the Agreement is for Construction Manager at Risk services for fiscal years 2023 through 2026. The renewal term was in the solicitation but inadvertently left out of the contract. The First Amendment to the Agreement adds the renewal term of two (2) additional two (2) year terms by mutual agreement and within budgetary limitations, at the same terms and conditions.
Strategic Plan
Good Governance.
Financial Impact
Funds will be allocated as projects are awarded through work assignments.
Procurement
These services were procured pursuant to the Code of the City of North Port, Florida to Chapter 2 Administrative, Article VIII Procurement, Section 2-406 Professional Services selection under Consultant Competitive Negotiations Act (CCNA), F.S. 287.055.
Vendor Information:
Wharton-Smith, Inc
2525 Bobcat Village Center Road
Unit #105
North Port, Florida 34288
Halfacre Construction Company
7015 Professional Parkway
Sarasota, Florida 34240
AJAX Building Company, LLC
1080 Commerce Blvd
Midway, Florida 32343
Jon F. Swift, Inc.
2221 8th Street
Sarasota, Florida,34237
Willis A. Smith Construction Inc
5001 Lakewood Ranch Blvd
Sarasota, Florida 34240
Attachments:
1. Seventeenth Amendment to Agreement 2023-17.001
2. Eighteenth Amendment to Agreement 2023-17.002
3. Sixth Amendment to Agreement 2023-17.003
4. Thirteenth Amendment to Agreement 2023-17.004
5. Third Amendment to Agreement 2023-17.005
6. Agreement No. 2023-17.001
7. Agreement No. 2023-17.002
8. Agreement No. 2023-17.003
9. Agreement No. 2023-17.004
10. Agreement No. 2023-17.005
11. Florida Division of Corporations Wharton-Smith, Inc.
12. Florida Division of Corporations Halfacre Construction Company
13. Florida Division of Corporations AJAX Building Company, LLC
14. Florida Division of Corporations Jon F. Swift, Inc.
15. Florida Division of Corporations Willis A. Smith Construction Inc.
Prepared by: Geoff Thomas, Contract Administrator II
Department Director: Irina Kukharenko, Finance Director