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County warns of Davis-Bacon change order on jail pod project; space needs, coroner office and architect study discussed

5782841 · September 16, 2025
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Summary

County staff told commissioners the jail pod addition closeout will include a change order tied to Davis-Bacon prevailing-wage requirements that were not in the original RFP, and warned total contractor adjustments could be substantial.

County administration updated commissioners on several facilities matters, saying the county expects a change order tied to Davis-Bacon prevailing-wage requirements as the jail pod addition project closes out and discussed space needs for the coroner and emergency management as well as plans for an architect agreement for a space-needs study.

On the jail pod addition, staff said Davis-Bacon prevailing-wage requirements for federal work were not included in the original RFP, requiring contractors and subcontractors to recalculate pay and leading to a pending change order. County staff said they are still totaling amounts and plan to present a consolidated change-order request once all contractor figures are complete. Officials estimated contingency and outstanding items could be significant; one staff member said some line items are close and one contractor-specific item could be a six-figure sum, while a preliminary total close to $1,000,000 was discussed as a possible upper bound.

In a separate facilities discussion, staff said the county has been negotiating with the City of Fargo about additional space in the Fargo Cass Public Health Building for the coroner and potentially emergency management, noting the county historically paid a pro rata share for remodel costs and performs an annual utility and insurance true-up. Staff said they aim to reach a cost-per-square-foot agreement that is reasonable for local-government partners and not a commercial rate.

Staff also said they expect to bring an architect agreement with JLG for a space-needs study to the Oct. 6 meeting (noting careful review of contract format and amendments to better protect the county than prior agreements). The presenter said the AIA contract format had been recommended with targeted amendments and that staff had worked closely with the state's attorney’s office on contract language.

No formal votes were held on these items; commissioners asked clarifying questions and staff said they would return with firm change-order numbers and a proposed architect agreement.