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HomeMy WebLinkAboutSR - R23390 - CA9 - Falcon Crest & La Rocca VillasPALM DESERT REDEVELOPMENT AGENCY STAFF REPORT REQUEST: APPROVE AND RATIFY CONTRACT AMENDMENT NO. 9 IN THE AMOUNT OF $30,438.50 TO CONTRACT R23390 BETWEEN THE PALM DESERT REDEVELOPMENT AGENCY AND COMDYN PD, LLC, FOR THE IMPLEMENTATION OF ENERGY STAR CERTIFICATION AT THE FALCON CREST SINGLE-FAMILY HOME DEVELOPMENT. SUBMITTED BY: CATHERINE WALKER, SENIOR MANAGEMENT ANALYST DEVELOPER: COMDYN PD, LLC 2800 28T" STREET, SUITE 206 SANTA MONICA, CA 90405 DATE: JUNE 14, 2007 CONTENTS: CONTRACT AMENDMENT NO. 9 ENERGY STAR 2007 GUIDELINES Recommendation: By Minute Motion, that the Agency Board: Approve Contract Amendment No. 9 to approve and ratify the change order request to the Development Agreement (Contract No. R23390) in the amount of $30,438.50 for the implementation of Energy Star Certification at the Falcon Crest single-family housing development. Funds are available in Account No. 870-4698-466-4001. Executive Summary: Acceptance of this recommendation will allow ComDyn PD, LLC, to make the necessary upgrades to pass the Thermal Bypass Inspection and earn the Energy Star rating for the homes contained in Phases II and III of Falcon Crest. Contract Amendment No. 1, as approved by the Agency board on July 13, 2006, allowed for construction upgrades in order to meet 2006 standards set fourth by Energy Star and achieve the rating for all Phases. Phase I was built and is currently certified as Energy Star rated. An Energy Star rating shows that a home exceeds state energy standards by 15% or more. The approval of this amendment will assure that Falcon Crest will be a 100% Energy Star certified community. Discussion: On July 14, 2005, the Agency Board entered into an Agreement between the Palm Desert Redevelopment Agency and ComDyn PD, LLC, for Fee Developer Services for Agency Owned Property Located in the City of Palm Desert (Contract No. R23390). This agreement is for the developments currently known as Falcon Crest and La Rocca Villas. In keeping with the City's Staff Report Approve Amendment No. 9 to ComDyn PD, LLC Contract No. R23390 June 14, 2007 Page 2 of 2 energy efficiency program, the Agency requested that ComDyn PD, LLC, look into the use of energy efficiency programs to help offset energy consumption costs for future residents of both Falcon Crest and the La Rocca Villas. On July 13, 2006, the Agency Board approved Amendment No. 1, which included $157,428 for the construction upgrades to Phases I, II, and III needed to implement the energy efficiency measures in excess of the 2005 Title-24 requirements to meet the Energy Star rating. Energy Star is a voluntary program, which shows that the development, in this case Falcon Crest, exceeds state energy standards by 15% or more. Upon the completion of a Phase, each home is inspected by Energy Star and certified as exceeding current standards. ComDyn proceeded with this certification program for Phase I and had those 29 homes formally certified by Energy Star. The $2,500 cost of this initial certification was not part of Amendment No. 1, and these costs were not presented to the Agency until May 2007. On February 28, 2007, Energy Star instituted more stringent inspection requirements in California by requiring a Thermal Bypass Inspection in order to earn the Energy Star Label for homes inspected after July 1, 2007. The remaining balance of $27,938.50 of the requested amendment is for construction related upgrades to address new requirements and inspection fees for certification. In order to pass the Thermal Bypass Inspection, additional drywall and insulation work is required in the following areas: • Wall behind shower/tub • Attic Knee Walls • Wall Adjoining Porch Roof • Staircase Walls • Double Walls • Dropped Ceiling/Soffit Staff recommends approval of the amendment to the Stipulated Sum in order to qualify all 93 affordable single-family homes in the Falcon Crest development as Energy Star rated. Submitted by: — JX 61 (, � Catherine Walker Senior Management Analyst Ap oval: Jw1fin cCarthy, AC e elopment Carlos L. O ega, Icutive Director Department Head: Dave Yr Direct Redevelopment/Housing Paul S. Gibson, Director of Finance .r�� BY RDA LJ —C7 ON —_G - ) q- Oi VERIFIED BY 01 u Original on file with City Clerk's Office GArda\Beth Longman\Staff Reports\Walker\ComDyn CO 9 Energy.doc 20/40 AC - betw 42d & MERLE west of COOK REMAINING 20-ACRE DEVELOPMENT SUMMARY OF CONTRACT CHANGE ORDERS ComDyn PD, LLC CONTRACT NO. R23390 Original Appropriation Allocated to THIS CONTRACT 870-4698-466-4001 (not to entire project) ORIGINAL CONTRACT \\ \\\ \\` 25, 674,845.00 \\\\\ ORIGINAL CONTINGENCY\�\�\\\\\\\ ORIGINAL TOTAL \ \\\�\�\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\\ - CONTRACT CO # Change Order Description 1 68 calendar day extension 2 Stipulated sum adjustment Photovoltaic at Falcon Crest & 3 LaRocca Villas --- Per Exhib B.3-F 4 CaIHFA Forward Commitment 5 Modify LaRocca Villas 6 35 day extension 7 Landscape modif, Falcon Crest 8 Trash enclosure, La Rocca Villas 9 Meet new Energy Star guidelines Change Order Amount 509, 284.00 1,425, 347.00 1,245,490.88 220, 000.00 51,019.39 3,931.50 16,773.40 30,438.50 % of Contract 0.00% 1.98% 5.44% 4.51 % 0.76% 0.18% 0.00% 0.01 % 0.06% 0.10% TOTALS 3,502,284.67 13.05% FUNDING Additional Revised Appropriations Contingency Contract allocated to THIS Balance for this Total CONTRACT contract 25,674,845.00 - - 26,184,129.00 509,284.00 - 27,609,476.00 28, 854, 966.88 29, 074, 966.88 29,125, 986.27 29,125,986.27 29,129,917.77 29,146,691.17 29,177,129.67 For Internal Use Only - DO NOT SEND TO VENDOR 1,425,347.00 1,245,490.88 51,019.39 3,231,141.27 PALM DESERT REDEVELOPMENT AGENCY PROFESSIONAL SERVICE AMENDMENT Contract Purpose Develop affordable housing on 20 AC site Consultant's Name ComDyn PD, LLC Address 2800 28'h Street, Suite 206 Santa Monica, CA 90405 Contract # / P O # I R23390 Amendment/ 9 Change Order No Contingency YES I NO X Account No I 870-4698-466-4001 Protect No Vendor No 1 8948 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 Meet new 2007 Energy Star Guidelines 30,438.50 TOTALS: NET CHANGE IN CONTRACT PRICE: JUSTIFICATION: TOTAL BUDGET FOR PROJECT: + 29,146,691.17 Less: Expend. & Encumb. To Date: - 29,146,691.17 Less: This Change Order Amount: - 30,438.50 BALANCE OF BUDGET REMAINING FOR PROJECT: (30,438.50) CONTINGENCY: Amount Approved by Board: + Less: Prior Amendment(s): - Less: This Amendment: - Balance Remaining of Contingency: 30,438.50 30,438.50 The amount of the Contract will be (Decreased) Increased by the Sum of: Thirtv Thousand, Four Hundred Thirtv-eiqht and 50/100 Dollars ($30,438.50). W \Agenda Items\2007 June 14\ComDyn Amend No 9\ComDynChng 9 doc See reverse Contract R23390 Amendment No. 9 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 $29,177,129.67 The undersigned Consultant approves the foregoing Contract Amendment # 9 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 # 8 . 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 6/14/07 Date Approved 6/14/07 Date Approved W \Agenda Items\2007 June 14\ComDyn Amend No 9\ComDynChng 9 doc See reverse Guidelines for California ENERGY STAR® Qualified Homes All ENERGY STAR Qualified Homes built in California must be 15% more energy efficient than the California energy code under which they were permitted. Homes built under 2001 T-24 code had until December 31, 2006 to complete construction. All homes completed on or after January 1, 2007 must be 15% more energy efficient than the latest T-24 code (2005 T-24). Homes that were enrolled in a utility rebate program by December 31, 2005 had until January 1, 2007 to be qualified using the old ENERGY STAR guidelines. All homes enrolled in a program after January 1, 2006 must be qualified using the new guidelines and have a Thermal Bypass Checklist inspection. However, for the period January 1, 2007 to June 30, 2007, homes in this category will not be denied the ENERGY STAR label due to non-compliance with requirements of this additional inspection. As of July 1, 2007, these homes must pass the Thermal Bypass Inspection to earn the ENERGY STAR label. The current ENERGY STAR Qualified Homes guidelines require that homes be 15% more energy efficient than the code under which they are permitted and be inspected by a CEC certified third party HERS rater. Sampling is allowed and shall follow the CEC HERS protocols. The ENERGY STAR Qualified Homes guidelines requirements also include: • Verification of adherence to the EPA ENERGY STAR Thermal Bypass Checklist/CEC Quality Installation Insulation merged protocols. • All cooling equipment shall be sized according to the latest editions of the ACCA Manuals J and S, ASHRAE 2001 Handbook of Fundamentals, or the equivalent computation procedure. o Maximum oversizing of air conditioners is 15%. o Equipment oversizing calculations shall use 99.0% and 1.0% outdoor design temperatures as published in the ASHRAE Handbook of Fundamentals for most representative city. However, a prevailing outdoor design temperature used by the local HVAC industry that can be documented with available weather data is an acceptable alternative. The Indoor temperature shall be 75°F for cooling and 70°F for heating. o Infiltration rate shall be selected as tight. o Indoor and outdoor coils shall be matched in accordance with ARI standards. • Ductwork leakage must be less than 6 cfm to outdoors per 100 square feet of conditioned space, though duct leakage tests can be waived if ducts and equipment are located in conditioned space and the home's envelope leakage is less than 0.25 CFM 50 per square foot of building envelope. (Meeting T-24 tight duct standard of 6% or less leakage of total air flow satisfies this requirement.) Please note that the additional requirements bulleted above can be utilized to achieve the 15% performance margin. EPA also recommends, but does not require, that ductwork be located in conditioned space with a minimum of R-4 insulation to prevent condensation and moisture problems. Updated on February 28, 2007 r QualifiedENERGY STAR Homes The Thermal Bypass Inspection Checklist must be completed for homes to earn the ENERGY STAR label. The Checklist requires visual inspection of framing areas where air barriers are commonly missed and inspection of insulation to ensure proper alignment with air barriers, thus serving as an extra check that the air and thermal barriers are continuous and com plate. State, local, and regional codes, as well as regional ENERGY STAR program requirements, supersede the items specified in this Checklist. Guidance on Comoletino the Thermal Bvoass Insoection Checklist: 1. Accredited HERS Providers and certified home energy raters shall use their experience and discretion in verifying that each Inspection Checklist item is installed perthe inspection guidelines (e.g., identifying minor defects that the Provider or rater deems acceptable versus identifying major defects that undermine the intent of the Checklist item). 2. Alternative methods of meeting the Checklist requirements may be used in completing the Checklist, if the Provider deems them to be equivalent, or more stringent, than the Inspection Checklist guidelines. 3. In the event an item on the Checklist cannot be verified by the rater, the home cannot be qualified as ENERGY STAR, unless the builder assumes responsibility for verifying that the item has met the requirements of the C hecklist. This option is available at the discretion of the Provider or rater but may not be used to verify more than six (6) items on the Inspection Checklist. This responsibility will be formally acknowledged by the builder signi ng-off on the Checklist for the item(s) that they verified. T he column titled "N/A" should be used when the checklist item is not present in the home or when local code requirements take precedent. 4. The Checklist may be completed for a batch of homes using a RESNET-approved sampling protocol when qualifying homes as ENERGY STAR. For example, if the approved sampling protocol requires rating one in seven hom es, then the Checklist will be completed for the one home which was rated. 5. In the event that a Provider or rater finds an item that is inconsistent with the Checklist Inspection guidelines, the home cannot be quail fled as ENERGY STAR until the item is corrected in a manner that meets the ENERGY STAR requirements. If correction of the item is not possible, the home cannot earn the ENERGY STAR label. 6. The Provider or rater is required to keep a hard copy record of the completed and signed Checklist. The signature of a builder employee is also required if the builder verified com pliance with any item on the Checklist. 7. For purposes of this Checklist, an air barrier is defined as any solid material that blocks air flow between a conditioned space and an unconditioned space, including necessary sealing to block excessive air flow at edges and seams. Additional information on proper air sealing of thermal bypasses can be found on the Building America Web site (www.eere.eneray.aov/buildings/buildina america ) and in the EEBA Builders Guides (www.eeba.ora). These references include guidance on identifying and sealing air barriers, as well as details on many of the items included in the Checklist. ENERGY STAR Qualified Homes ^' Thermal Bypass Inspection Checklist Sri: €9�:f Yt Home Addresq f :ity: State: Thermal Bypass Inspection Guidelines I Corrections I Builder I Rater I N/A Needed Verified Verified 1. Overall Air Barrier I Requirements and Thermal Insulation shall be installed in full contact with sealed interior and exterior air barrier except for alternate to interior air barrier Barrier Alignment I under item no. 2 (Walls Adjoining Exterior Walls or Unconditioned Soaces) I All Climate Zones: 1.1 Overall Alignment Throughout Home ❑ ❑ ❑ ❑ 1.2 Garage Band Joist Air Barrier (at bays adjoining conditioned space) ❑ ❑ ❑ ❑ 1.3 Attic Eave Baffles Where Vents/Leakage Exist ❑ ❑ ❑ ❑ Only at Climate Zones 4 and Higher: 1.4 Slab -edge Insulation (A maximum of 25 % of the slab edge may be ' El ElI ❑ El in Climate Zones 4 and 5.) Best Practices Encouraged, Not Req'd.: 1.5 Air Barrier Al All Band Joists (Climate Zones 4 and higher) ❑ ❑ ❑ ❑ 1.6 Minimize Thermal Bridging (e.g., OVE framing, SIPS, ICFs) ❑ ❑ ❑ ❑ 2. Walls Adjoining Requirements: Exterior Walls or Fully insulated wall aligned with air barrier at both interior and exterior, OR Unconditioned • Alternate for Climate Zones 1 thru 3, sealed exterior air barrier aligned with RESNET Grade 1 insulation fully supported Spaces Continuous top and bottom plates or sealed blocking 2.1 Wall Behind Shower/Tub ❑ ❑ ❑ ❑ 2.2 Wall Behind Fireplace ❑ ❑ ❑ ❑ 2.3 Insulated Attic Slopes/Walls ❑ ❑ ❑ ❑ 2.4 Atfic Knee Walls ❑ ❑ ❑ ❑ 2.5 Skylight Shaft Walls ❑ ❑ ❑ ❑ 2.6 Wall Adjoining Porch Roof ❑ ❑ ❑ ❑ 2.7 Staircase Walls ❑ ❑ ❑ ❑ 2.8 Double Walls ❑ ❑ ❑ ❑ 3. Floors between Requirements: Conditioned and • Air barrier is installed at any exposed insulation edges Exterior Spaces • Insulation is installed to maintain permanent contact wl sub -floor above . Optional until July 1, 2008, insulation is installed to maintain permanent contact with air barrier below 3.1 Insulated Floor Above Garage ❑ ❑ ❑ ❑ 3.2 Cantilevered Floor ❑ ❑ ❑ ❑ 4. Shafts Requirements: Openings to unconditioned space are fully sealed with solid blocking or flashing and any remaining gaps are sealed with caulk or foam (provide fire -rated collars and caulking where required) 4.1 Duct Shaft ❑ ❑ ❑ ❑ 4.2 Piping Shaft/Penetrations I ❑ ❑ ❑ ❑ 4.3 Flue Shaft El El 5. Attic/Ceiling Requirements: Interface • All attic penetrations and dropped ceilings include a full interior air barrier aligned with insulation with any gaps fully sealed with caulk, foam or tape . Movable insulation fits snugly in opening and air barrier is fully gasketed 5.1 Attic Access Panel (fully gasketed and insulated) ❑ ❑ ❑ ❑ 5.2 Attic Drop -down Stair (fully gasketed and insulated) ❑ ❑ ❑ ❑ 5.3 Dropped Ceiling/Soffit (full air barrier aligned with insulation) ❑ ❑ ❑ ❑ 5.4 Recessed Lighting Fixtures (CAT labeled and sealed to drywall) ❑ ❑ ❑ ❑ 5.5 Whole -house Fan (insulated cover gasketed to the opening) ❑ ❑ ❑ El6. Common Walls R utrements: Between Dwelling Gap blwn drywall shaft wall (common wall) and structural framinq blwn units is sealed at all exterior boundary conditions Units 16.1 Common Wall Between Dwelling Units ❑ I ❑ ❑ I ❑ Rater Inspection Date: Builder Inspection Date: Home Energy Rating Provider: Builder Company Name: Home Energy Rater Company Name: Builder Division Name: Home Energy Rater Signature ___ __ _ - Builder Employee Signature: