DEPARTMENT: Facilities Management
FILE TYPE: Consent Action
TITLE
title
Authorization To Execute Fourth Contract Amendment With Ebert, Inc. dba Ebert Companies For Law Enforcement Center Integrative Health Unit Addition
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PURPOSE/ACTION REQUESTED
Authorize execution of a fourth and final contract amendment with Ebert, Inc., dba Ebert Companies for the construction of the Law Enforcement Center’s (LEC) Integrative Health Unit (IHU) Addition. Board action is required as the value of total amendments after initial authorization of the contract execution exceeds a policy limit of $250,000.
SUMMARY
The LEC IHU Addition project has been under construction for 18 months and is now complete. The construction contract was awarded to Ebert Companies in the sum of $10,573,800 by Resolution No. 23-379 (August 29, 2023). Three contract amendments have already been executed, which changed the completion date and included $510,148.94 in increased work. This fourth and final proposed set of changes totals $290,512.87 and requires Board approval because it exceeds the extended limit of the original contract authority. The proposed items are enumerated in Attachment: Summary List of Changes for Fourth Amendment.
In this action, staff is requesting a fourth contract amendment with Ebert Companies in the sum of $290,512.87 for construction improvements made at the LEC IHU for County Board authorization. These cost increases to the construction contract will be paid for with reserved funds remaining within the original project budget. This amount is slightly less than was forecasted in the last Board action for this contract. The last engineer’s estimate for construction including post-award changes was $11,800,000. Following this final amendment, construction will be completed roughly $425,000 under budget.
RECOMMENDATION
recommendation
A total of $510,148.94 in contract amendments has already been authorized by Resolution No. 24-460 (September 24, 2024). Staff recommends authorizing a fourth contract amendment with Ebert Companies, in the sum of $290,512.87 for construction improvements made at the LEC IHU. This brings the total authorized contract amendments to this contract to $800,661.81 and the new contract value to $11,374,461.81.
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EXPLANATION OF FISCAL/FTE IMPACTS
Funds totaling $14,400,000 were included in the earlier adopted Capital Improvement Program budget for the design and construction of the LEC IHU Addition. Sufficient funds within the project (1001292) budget are available for this amendment.
☐ None ☒ Current budget ☐ Other
☐ Amendment Requested ☐ New FTE(s) requested
RESOLUTION
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WHEREAS, the 2023 Capital Improvement Program (CIP) Adopted Budget, as amended for the Law Enforcement Center (LEC) Integrative Health Unit (IHU) Addition project, is a total of $14,400,000; and
WHEREAS, by Resolution No. 23-379 (August 29, 2023), the County Board approved the original contract in the sum of $10,573,800 with an award to Ebert, Inc., dba Ebert Companies; and
WHEREAS, a first (no cost) contract amendment was formally executed by way of that authorization to establish a construction completion deadline of late-February 2025; and
WHEREAS, with the original contract authorization, staff was also authorized to execute up to $250,000 worth of post-award changes; and
WHEREAS, $247,756.03 in a second contract amendment has already been formally executed by way of that authorization; and
WHEREAS, an additional $262,392.91 worth of post-award changes were authorized to complete a third contract amendment to the contract with Ebert Companies by Resolution No. 24-460 (September 24, 2024); and
WHEREAS, an additional $290,512.87 worth of post-award changes are requested for authorization to complete a fourth contract amendment to the contract with Ebert Companies; and
WHEREAS, these project cost increases to the construction contract will be paid for with uncommitted funds available within the CIP budget for this project; and
WHEREAS, the total authorized contract amendments to this contract would then be $800,661.81 for reimbursement of all construction change orders on the project; and
WHEREAS, sufficient funds within the CIP budget for the project (1001292) are available for this amendment.
NOW, THEREFORE, BE IT RESOLVED, That the Dakota County Board of Commissioners hereby authorizes the Facilities Management Director to execute a contract amendment with Ebert, Inc., dba Ebert Companies, 23350 County Road 10, Corcoran, MN 55357 in an amount not to exceed $290,512.87 for a total maximum contract total not to exceed $11,374,461.81, subject to approval by the County Attorney’s office as to form.
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PREVIOUS BOARD ACTION
23-379; 08/29/23
24-460; 09/24/24
ATTACHMENTS
Attachment: Summary List of Changes for Fourth Amendment
BOARD GOALS
☐ Thriving People ☐ A Healthy Environment with Quality Natural Resources
☐ A Successful Place for Business and Jobs ☒ Excellence in Public Service
CONTACT
Department Head: Mike Lexvold
Author: Mike Wiese