HomeMy WebLinkAboutSR - R23390 CA10 - ComDyn - Falcon Crest & La Rocca VillasPALM DESERT REDEVELOPMENT AGENCY
STAFF REPORT
REQUEST: APPROVE AMENDMENT NO. 10 CHANGING THE SCOPE OF THE
DEVELOPMENT AGREEMENT (CONTRACT NO. R23390) WITH
COMDYN PD, LLC FOR THE DEVELOPMENT OF BOTH THE FALCON
CREST AND LA ROCCA VILLAS PROJECTS IN THE AMOUNT OF
$369,791.47
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. 10
Recommendation:
By Minute Motion, that the Agency Board:
1. Approve Amendment No. 10 changing the scope of the Development
Agreement (Contract No. R23390) with ComDyn PD, LLC, in the cumulative
amount of $369,791.47 for the development of both Falcon Crest and the La
Rocca Villas.
Funds are available in the low/mod Housing Set Aside fund (Account No. 870-4698-466-4001).
Executive Summarv:
Approval of staff's 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 Falcon Crest single-family development and La Rocca Villas. This
Amendment represents 1.2 percent of the total budget for both developments.
Discussion:
On July 14, 2005, the Palm Desert Redevelopment Agency Board entered into an agreement
with ComDyn PD, LLC, for the development of affordable housing on the 20-acre site known as
Falcon Crest and the LaRocca Villas. The amendment can be broken down as follows.
The original Stipulated Sum Agreement addressed public agency fees and permits; however,
since negotiations were finalized, these fees have increased. Pursuant to Section 2.5 of the
Development Agreement, it is the Agency's responsibility to pay for the increase in these fees.
These fees represent $96,827.90 of the requested amendment amount (See Exhibit A).
After careful City/Agency review, a number of the design elements were upgraded over the
ComDyn budget after model construction to reflect a higher quality of design. These items were
not only aesthetic in nature, but represented functionality issues for the potential buyers.
Exterior aesthetic items requested to work in accordance with the architect's original vision
Staff Report
Approve Amendment No. 10 to Contract No. R23390 (ComDyn PD, LLC)
Page 2 of 2
June 14, 2007
include awnings and brick and tile elements surrounding door frames. Interior elements to aid in
the functionality of the homes for potential buyers include easily assessable telephone and
power jacks (second floor Plan 3 and 4), the in both the entryways and kitchens for the purpose
of withstanding long term family usage, and a kitchen island in Plan 1 that would accommodate
family seating. Garage doors were also changed to reflect the look and appearance in design
as reviewed and approved by the Architectural Review Commission on October 26, 2004.
These changes have been implemented in the model homes and Phase I. They have not yet
been implemented in Phase II and III. Many of the items were requested to be tested for
implementation in the model units to determine if they were necessary. The total amount of this
work requested by ComDyn is $243,341.24. Please refer to Exhibit A for detailed information.
The CVWD reclaimed water line (removal and replacement) was a condition placed on the
construction of the development by CVWD after the agreement with ComDyn was executed. An
existing irrigation line running along the Portola Country Club and underneath the site of the
western barrier wall for Falcon Crest servicing adjacent residents was extremely aged and
deteriorating. CVWD informed the Agency that any construction would shatter the pipe and it
would be the responsibility of the Agency to replace the line. CVWD worked in conjunction with
ComDyn to remove and replace the line, preventing further damage to existing construction.
The amount of this work requested by ComDyn is $29,622.33.
The final item is a deduction for work to the interior of the senior management/laundry facility at
the La Rocca Villas. After analyzing the functionality of the management/laundry facility, the
original interior design would not allow the space to be properly utilized by management staff
and those residents seeking to use the laundry room. The total credited amount is $42,239.00.
The Agency -approved contract expressly states and defines the Owner's responsibility for
additional costs in Section 4.1, Items (a) through 0). Although the work was requested at an
earlier date, 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 requests are substantiated by the Development Agreement. The total amount of
Amendment No. 10 represents 1.2 percent of the total budget for both Falcon Crest and La
Rocca Villas.
Please refer to the attached Exhibit A, which outlines the additional costs associated with
Amendment No. 10.
Submitted By:
�Al X"/w
Catherine Walker
Senior Management Analyst
J i McCarthy, ACM Relevelopment
Carlos L. Orte_ a, Executive Director
G.\rda\Beth Longman\Staff Reports\Walker\ComDyn Amend 10 061407.doc
Department Head:
�e Yrigoyen /
Director of Re velopment/Housing
P 1 Gi on, Director of Finance
kU 6Y RDA 5 —c7
oN to -14.0'7
VERIFIED BY RK.101(Affl
Original on file with City erk's Office
Exhibit A
To ComDyn PD, LLC, Amendment No. 10 Staff Report
NO. ITEM DESCRIPTION
1 First American Title Recordation of the 20 easement and
Fees attest forms for the Portola Country
Club
2 Transportation
Mitigation Fee
(TUMF) Phase II and
III
3 CVWD Sewer and
Water Plan Check
Fee
4 CVWD Reclaimed
Water Irrigation Line
(removal and
replacement)
5 Senior Villa Sink
Upgrade
6 Plan 1 Kitchen Island
7 Telephone and
Power Jacks/Second
Floor Plan 3 and 4
8 Awnings
As of January 2007, a fee increase in
the amount of $1,043.13 per home was
instituted
CVWD fee changes as of 9/1/06
affecting CVWD Water System Back-
up Facility Charge, CVWD Irrigation
Meters, and CVWD Impact Fees
Senior Management Building
Existing irrigation line servicing
adjacent Portola Country Club running
north/south was advanced in age.
Informed by CVWD that construction
movement would shatter the pipe.
Line was replaced for Falcon Crest and
the adjacent residents' benefit to
prevent any possible damage and
insure longevity.
Elected stainless steel kitchen sinks
instead of white enamel in La Rocca
Villas. The purpose is for longevity
and in accordance with existing units.
Has not been implemented.
Requested design amendment to
improve existing kitchen island design
feature in Plan 1 of Falcon Crest. Did
not accommodate sedentary usage.
Total of 24 Plan 1 homes. Have
implemented the change in 10 homes
and implementation is intended in the
remaining 14 homes.
Requested telephone and power jacks
to landing desk feature on second floor
of Plan 3 and 4, not functional without
power. Total of 49 Plan 3 and 4
homes, has been implemented in 16,
intended to be implemented in 33
additional.
Architectural elements conceived by
KHA architect partially represented to
ComDyn. Agency to divide cost of
implementation with ComDyn.
COST
CONTRACT
707.00
Authorized pursuant to
Section 2.5 of the
Development
Agreement
31,793.90
Authorized pursuant to
Section 5.9 of the
Development
Agreement
64,327.00
Authorized pursuant to
Section Exhibit B.3 C
of the Development
Agreement
29,622.33
3,329.37
7,935.00
5,670.00
18,702.65
Exhibit A
To ComDyn PD, LLC, Amendment No. 10 Staff Report
9 Brick and Tile
10 Entry and Kitchen
Tile
11 Garage Doors
12 Add photovoltaic
panels to 1 home on
Lot 9
13 Senior
Management/Laundry
Facility
Architectural elements conceived by
KHA not clearly represented to
ComDyn during RFP process. Has
been implemented on 29 homes and
models. Has not been implemented in
Phase 111.
ComDyn's bid proposal reflected the
use of 8 x 8 the in the entry and vinyl in
the kitchen, which is not standard in
terms of aesthetic or functionality in
Palm Desert. Have the tendency to
deteriorate at a faster rate with daily
wear. 18 x 18 supplemented for both
entry and kitchen. Implemented in 29
Phase I homes and models. Not yet
implemented in Phase II or III.
Architectural elements conceived by
Kristi Hanson Architects and approved
by ARC on 10/26/04 were not shown in
significant detail in the RFP. The
doors represent 20% of the front view
of the houses and reflect the elevations
approved by the ARC. The door type
allows for the variation called out by
KHA. Standard metal doors will not
achieve this effect.
On 7/13/06, the Agency Board
approved the photovoltaic program for
75 Falcon Crest homes and the La
Rocca Villas. On 5/22/07, ComDyn
presented information to the Agency
requesting the inclusion of the home
on Lot 9. Further evaluation showed
that 1.89 kw of PV would be added to
this roof elevation.
Utility and functionality of
management/laundry facility analyzed.
The amount budgeted in contract for a
portion of conceived built-ins and
interior decorating credited to the
Stipulated Sum.
57,734.06
94,687.16
84,000.00
13,522.00
(42,239.00) Budget line items 30-
3303 & 70-7306
TOTAL $369,791.47
G:\rda\Belh Longman\Staff ReportsMalker\c mDyn Amend 10 061407.doc
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PALM DESERT REDEVELOPMENT AGENCY Contract # / P.O. # I R23390
Amendment/ 10
PROFESSIONAL SERVICE AMENDMENT Change Order No.
Contingency: I YES NO X
Contract Purpose Develop affordable housing on 20 AC site Account No. I 870-4698-466-4001
Consultant's Name ComDyn PD, LLC Project No.
Address: 2800 28'h 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
Change scope of Development Agreement
for Falcon Crest and La Rocca Villas
per Exhibit A attached
TOTALS:
NET CHANGE IN CONTRACT PRICE:
JUSTIFICATION:
TOTAL BUDGET FOR PROJECT: + 29,177,129.67 CONTINGENCY:
Less: Expend. & Encumb. To Date: - 29,177,129.67 Amount Approved by Board: +
Less: This Change Order Amount: - 369,791.47 Less: Prior Amendment(s): -
BALANCE OF BUDGET Less: This Amendment: -
REMAINING FOR PROJECT: (369,791.47) Balance Remaining of Contingency:
369,791.47
369,791.47
369,791.47
The amount of the Contract will be (Decreased) Increased by the Sum of: Three Hundred Sixtv-nine
Thousand, Seven Hundred Ninetv-one and 47/100 Dollars ($369,791.47).
W \Agenda Items\2007-June 14\ComDyn Amend 10�A.mend Form doc See reverse
Contract R23390 Amendment No. 10 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 $29,546,921.14 .
The undersigned Consultant approves the foregoing Contract Amendment # 10 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 # 10 . 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 10\Amend Form doc See reverse
NO
2
3
ITEM
First American Title
Fees
Transportation
Mitigation Fee
(TUMF) Phase II and
III
CVWD Sewer and
Water Plan Check
Fee
4 CVWD Reclaimed
Water Irrigation Line
(removal and
replacement)
5 Senior Villa Sink
Upgrade
6 Plan 1 Kitchen Island
7 Telephone and
Power Jacks/Second
Floor Plan 3 and 4
8 Awnings
Exhibit A
Contract Amendment No. 10
DESCRIPTION
Recordation of the 20 easement and
attest forms for the Portola Country
Club
As of January 2007, a fee increase in
the amount of $1,043.13 per home was
instituted
CVWD fee changes as of 9/1/06
affecting CVWD Water System Back-
up Facility Charge, CVWD Irrigation
Meters, and CVWD Impact Fees
Senior Management Building
Existing irrigation line servicing
adjacent Portola Country Club running
north/south was advanced in age.
Informed by CVWD that construction
movement would shatter the pipe.
Line was replaced for Falcon Crest and
the adjacent residents' benefit to
prevent any possible damage and
insure longevity.
Elected stainless steel kitchen sinks
instead of white enamel in La Rocca
Villas. The purpose is for longevity
and in accordance with existing units.
Has not been implemented.
Requested design amendment to
improve existing kitchen island design
feature in Plan 1 of Falcon Crest. Did
not accommodate sedentary usage.
Total of 24 Plan 1 homes. Have
implemented the change in 10 homes
and implementation is intended in the
remaining 14 homes.
Requested telephone and power jacks
to landing desk feature on second floor
of Plan 3 and 4, not functional without
power. Total of 49 Plan 3 and 4
homes, has been implemented in 16,
intended to be implemented in 33
additional.
Architectural elements conceived by
KHA architect partially represented to
ComDyn. Agency to divide cost of
implementation with ComDyn.
COST
CONTRACT
707.00
Authorized pursuant to
Section 2.5 of the
Development
Agreement
31,793.90
Authorized pursuant to
Section 5.9 of the
Development
Agreement
64,327.00
Authorized pursuant to
Section Exhibit B.3 C
of the Development
Agreement
29,622.33
3,329.37
7,935.00
5,670.00
18,702.65
9 Brick and Tile
10
11
12
13
Entry and Kitchen
Tile
Garage Doors
Add photovoltaic
panels to 1 home on
Lot 9
Senior
Management/Laundry
Facility
Exhibit A
Contract Amendment No. 10
Architectural elements conceived by
KHA not clearly represented to
ComDyn during RFP process. Has
been implemented on 29 homes and
models. Has not been implemented in
Phase III.
ComDyn's bid proposal reflected the
use of 8 x 8 the in the entry and vinyl in
the kitchen, which is not standard in
terms of aesthetic or functionality in
Palm Desert. Have the tendency to
deteriorate at a faster rate with daily
wear. 18 x 18 supplemented for both
entry and kitchen. Implemented in 29
Phase I homes and models. Not yet
implemented in Phase II or III.
Architectural elements conceived by
Kristi Hanson Architects and approved
by ARC on 10/26/04 were not shown in
significant detail in the RFP. The
doors represent 20% of the front view
of the houses and reflect the elevations
approved by the ARC. The door type
allows for the variation called out by
KHA. Standard metal doors will not
achieve this effect.
On 7/13/06, the Agency Board
approved the photovoltaic program for
75 Falcon Crest homes and the La
Rocca Villas. On 5/22/07, ComDyn
presented information to the Agency
requesting the inclusion of the home
on Lot 9. Further evaluation showed
that 1.89 kw of PV would be added to
this roof elevation.
Utility and functionality of
management/laundry facility analyzed.
The amount budgeted in contract for a
portion of conceived built-ins and
interior decorating credited to the
Stipulated Sum.
57,734.06
94,687.16
84, 000.00
13, 522.00
(42,239.00) Budget line items 30-
3303 & 70-7306
TOTAL $369,791.47
W.\Agenda Items\2007-June 14\ComDyn Amend 10\Sta11 Rpt.doc