HomeMy WebLinkAboutSR - R23390 - CA11 - Falcon Crest & La Rocca VillasPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE AMENDMENT NO. 11 TO APPROVE AND RATIFY
CHANGE ORDER REQUESTS TO THE DEVELOPMENT
AGREEMENT (CONTRACT NO. R23390) WITH COMDYN PD,
LLC FOR THE LA ROCCA VILLAS IN THE AMOUNT OF
$126,626.25
SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST
DEVELOPER: COMDYN PD, LLC
2800 28T" STREET, SUITE 206
SANTA MONICA, CA 90405
DATE: AUGUST 9, 2007
CONTENTS: AMENDMENT NO. 11 TO CONTRACT NO. R23390
Recommendation:
By Minute Motion, that the Agency Board:
1. Approve Amendment No. 11 to approve and ratify change order
requests to the Development Agreement (Contract No. R23390) in the
cumulative amount of $126,626.25 for the development of the La
Rocca Villas; and
Funds are available in Account No. 870-4698-466-4001.
Executive Summarv:
Approval of staffs recommendation will allow for increases to the Project Costs, both
included and excluded from the Stipulated Sum to accommodate both work outside the
scope of the Agreement and Agency approved increases to design costs. All are
necessary for the timely completion of the La Rocca Villas.
Discussion:
On July 14, 2005, the Palm Desert Redevelopment Agency Board authorized an
agreement with ComDyn PD, LLC for the development of affordable housing on the 20-
acre site, currently known as Falcon Crest and the La Rocca Villas. The following
amendment can be broken down into two components.
The original Stipulated Sum Agreement addressed public agency fees and permits;
however, since negotiation, these fees have increased. Pursuant to Section 4.1(J) of the
Development Agreement, it is the Agency's responsibility to pay for the increase in these
Staff Report
Approval of Amendment No. 11 to Contract No. R23390 — ComDyn PD LLC
Page 2of2
August 9, 2007
fees. The Verizon work order for the La Rocca Villas exceeds Line Item 15-1562
budgeted amount by $14,500.25.
After careful City/Agency review, a number of the design elements, as bid and presented
by ComDyn, did not reflect the quality or intention of the schematic rendering as
provided by Kristi Hanson and Associates. The bathroom shower materials represented
functionality issues for the potential buyers. The bathroom facilities at the La Rocca
Villas were designed to accommodate full ADA accessibility for future senior residents.
Once construction was underway, it was discovered that standard fiberglass showers, as
proposed by ComDyn, were not configured for the layout of the design, and posed
potentially safety issues to future residents. Agency staff requested tile, as specified by
the Architect, which has a high R-Factor (provides resistance when wet and does not
become as slippery) and would blend seamlessly with the threshold extending into the
rest of the bathroom. The total cost associated with this item is $112,126 after
deductions for the proposed fiberglass showers.
The Agency approved contract expressly states and defines the Owner's responsibility
for additional costs in Section 4.1, items (a) through (j). While the work was requested,
staff was just presented with associated costs and requests for amendments to the
Stipulated Sum in May 2007. Staff has reviewed ComDyn's request for additional
funding and agrees that the Development Agreement substantiates the request.
Submitted By:
Catherine Walker
Senior Management Analyst
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Approval:
Department Head:
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Dave Yrigoyen
Director of Redevelopment/Housing
Paul S. Gibson, Director of Finance
4ooz�e -
:
McCarthy, ACM R lopment Carlos L. ega, Executive Director
G U -e BY RDA
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VERIFIED BY
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Original on file with City Clerk's Office
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PALM DESERT REDEVELOPMENT AGENCY Contract # / P.O. # R23390
Amendment/ 11
PROFEMIONAL SERVICE AMENDMENT Change Order No.
Contingency: YES NO X
Contract Purpose Develop affordable housing on 20 AC site Account No. 870-4698-466-4001
Consultant's Name ComDyn PD, LLC Project No.
Address: 2800 28th Street, Suite 206 vendor No. 8948
Santa Monica, CA 90405
You are hereby requested to comply with the following changes from the contract plans and specifications:
DECREASE INCREASE
DESCRIPTION OF CHANGES In Contract Price In Contract Price
Increased fees and permits, and upgrades to design elements
TOTALS:
NET CHANGE IN CONTRACT PRICE:
JUSTIFICATION:
126,626.25
126,626.25
126,626.25
TOTAL BUDGET FOR PROJECT: + 29,546,921.14 CONTINGENCY:
Less: Expend. & Encumb. To Date: - 29,546,921.14 Amount Approved by Board: +
Less: This Change Order Amount: - 126,626.25 Less: Prior Amendment(s):
BALANCE OF BUDGET Less: This Amendment: -
REMAINING FOR PROJECT: (126,626.25) Balance Remaining of Contingency: -
The amount of the Contract will be (OesFeased) Increased by the Sum of: One Hundred Twenty-six Thousand
Six Hundred Twentv-six and 25/100 Dollars ($126,626.25).
G1rdalBeth LongmanlStaH ReportslWalkerlComOyn Amend 11 Form doc See reverse
Contract R23390 Amendment No. 11 Continued from front
This Contract Amendment covers changes to the subject contract as described herein. The consultant shall perform
all work as necessary or required to complete the Contract Amendment items for a lump sum price agreed upon
between the Consultant and the Palm Desert Redevelopment Agency, otherwise referred to as Owner.
Contract Time Extension Days.
Revised Contract Total $29,673,547.39
The undersigned Consultant approves the foregoing Contract Amendment # 11 as to the changes, if any, in the
contract price specified for each item including any and all supervision costs and other miscellaneous costs relating to
the change in work, and as to the extension of time allowed, if any, for completion of the entire work on account of said
Contract Amendment # 11 . The Consultant agrees to furnish all labor and materials and perform all other necessary
work, inclusive of that directly or indirectly related to the approved time extension, required to complete the Contract
Amendment items. This document will become a supplement of the contract and all provisions will apply hereto. It is
understood that the Contract Amendment shall be effective when approved by the Owner.
Execution of this Contract Amendment by the Consultant constitutes a binding accord and satisfaction that fully
satisfies, waives, and releases the Owner from all claims, demands, costs, and liabilities, in contract, law or equity,
arising out of or related to the subject of the Contract Amendment, whether known or unknown, including but not
limited to direct and indirect costs and/or damages for delay, disruption, acceleration, and loss of productivity, as well
as any and all consequential damages.
This document will become a supplement to the Contract and all provisions will apply hereto, all items included above
must have required signatures as per the purchase resolution.
REQUESTED BY:
CERTIFIED
FUNDS AVAILABLE:
EXECUTIVE DIRECTOR
FINANCE DIRECTOR
NOTE: No payments will be made
prior to Executive Director and
Agency Board approval
2. ACCEPTED BY:
CONSULTANT
4. APPROVED BY:
RICHARD S. KELLY, CHAIRMAN
SECRETARY
8/9/07
Date Approved
8/9/07
Date Approved
G:\rda\Beth Longman\Staff Reports\Walker\ComDyn Amend 11 Form.doc See reverse