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MINUTES - 04042006 - C.10
C - �D. TO: BOARD OF SUPERVISORS _� sE `- Contra FROM: MAURICE M. SHN,PUBLIC WORKS DIRECTOR Costa • DATE: April 4, 2006 °o•. c3y�� VU' County spa•co SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape)Agreement for SD 03-08716, San Ramon (Dougherty Valley) area. (District III) SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDATION(S): ADOPT Resolution No. 2006/ 141 for SD 03-08716,approving the Second Extension of the Subdivision(Right of Way Landscape) Agreement for project being developed Windemere BLC Land Company, LLC, San Ramon (Dougherty Valley) area. (District III) FISCAL IMPACT: None. BACKGROUND/REASON(S) FOR RECOMMENDATION(S): The Subdivision (Right of Way Landscape) Agreement extension has expired. CONSEOUENCES OF NEGATIVE ACTION: The Subdivision(Right of Way Landscape) Agreement extension will not be renewed. Continued on Attachment: L,,*� SIGNATURE: QitiV✓�� vRECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE .APPROVE ITHER SIGNATURES ACTION OF BO D N DCZ4fel1r, APPROVED AS RECOMMENDED OTHER VOT OF SUPERVISORS . UNANIMOUS(ABSENT /��� ) I hereby certify that this is a true and correct /� AYES: NOES: copy of an action taken and entered on the ABSENT: ABSTAIN: minutes of the Board of Supervisors on the date shown. LL:m G:\GrpData\EngSvc\BO\2006\04-04\SD 03-08716 BOA Ldoc Contact: Originator: PubTeri R c orks(313 2363 ATTESTED r// O�OiAV—A Contact: Teri Ric(313-2363) Bond No/Date:08719221,September 24,2003 JOHN CULL N, Clerk of the Board of cc: Public Works—Construction Current Planning,Community Development Supervisors and County Administrator T—October 9,2007 W indemere BLC land Company,LLC 6121 Bollinger Canyon Road Ste 500 San Ramon,CA 94583 Alm:Brian Olin By , Deputy Fidelity and Deposit Company of Maryland 801 North Brand Blvd.,Penthouse Suite Glendale,CA 91203 Atm:Rachelle Rheault THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Resolution on April 4, 2006 by the following vote: AYES: Uilkema,Piepho,DeSaalnier, Glover and Gioia NOES: None ABSENT: None ABSTAIN: None RESOLUTION NO. 2006/ SUBJECT: Approving the Second Extension of the Subdivision (Right of Way Landscape) Agreement for SD 03-08716, San Ramon (Dougherty Valley) area. (District III) The Public Works Director having recommended that he be authorized to execute the second agreement extension which extends the Subdivision(Right of Way Landscape)Agreement between Windemere BLC Land Company,LLC and the County for construction of certain improvements in SD 03-08716, in the San Ramon (Dougherty Valley) area, through December 9, 2007; ♦ APPROXIMATE PERCENTAGE OF WORK COMPLETE: 99% ♦ ANTICIPATED DATE OF COMPLETION: February 2007 ♦ REASON FOR EXTENSION: The project is in construction and the renewal Subdivision (Right of Way Landscape) Agreement extension expired. IT IS BY THE BOARD RESOLVED that the recommendation of the Public Works Director is APPROVED. LL:nn I hereby certify that this is a true and correct copy of an action taken G:\GrpData\EngSvc\BO\2006\04-04\SD 03-08716 BO-1 Ldoc and entered on the minutes of the Board of Supervisors on the date Originator; Public Works(ES) shown. Contact: Teri Rie(313-2363) / Bond No/Da 21,September 24,2003 P cc: Publiblicc Works ATTESTED: Current Planning,Conununity Development T—October 9,2007 JOHN CULLEN, Clerk of the Board of Supervisors and County Windemere BLC Land Company,LLC Administrator 6121 Bollinger Canyon Road,Ste 500 San Ramon,CA 94583 Attn:Brian Olin Fidelity and Deposit Company or Maryland 801 North Brand Blvd.,Penthouse Suite By ,Deputy Glendale,CA 91203 Atm:Rachelle Rbeault RESOLUTION NO.2006/ �lv� CONTRA COSTA COUNTY SUBDIVISION (RIGHT-OF-WAY LANDSCAPE) AGREEMENT EXTENSION Development Number: Sub 03-08716 Developer: Windemere BLC Land Company,LLC Original Agreement Date: December 09,2003 2nd Extension New Termination Date: December 09,200e Improvement Security Surety: Fidelity and Deposit Company of Maryland Bond Number No. (Date): 08719221 (September 24,2003) Security Type Security Amount Cash: $2,250.00 (1% cash, $1,000 Min.) Bond: $222,250.00(Performance) $ 112,250.00 (Labor& Material) The Developer and the Surety desire this Agreement to be extended through the above date;and Contra Costa County and said Surety hereby agree thereto and acknowledge same. Dated: Dated: November-,-22, 2005 (See attached signature page) FOR CONTRA COSTA COUNTY Developer's Signature(s) Mauric . Shiu, Public Works Director Printed Developer's Signature(s) RECOMMENDED FOR APPROVAL: By: til, Printed (Engin ri S rvices Division) 25 Enterprise Aliso Viejo, CA 92656 Address Fidelity and Deposit Company of Ma.xy:Lti-pd (NOTE. Developer's, Surety's and Financial Surety or Financial Institution Institution's Signatures must he Notarized.) 801 North Brand Blvd. , Penthouse Suite, , Glendale, 'GA 91203 __. •• roam APPROVED.vlcwn_wum,n.cry Cmc ] Address After Approval Return to Clerk of the Board � A orney in Facts Signature Rachelle Rheault Printed WINDEMERE BLC LAND COMPANY,LLC.,a California limited liability company By: LEN-OBS WINDEMERE,LLC.,a Delaware limited liability company,its Managing Member By:LENNAR HOMES OF CALIFORNIA,INC.,a California Corporation,its Managing Member By: )& Greg Pomi,Vic President Dee Baker,Assistant Secretary CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of California County of Orange On December 6, 2005 before me, Dina Printy, Notary Public, personally appeared Greg Pomi and Dee Baker, personally known to me to be the persons whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their authorized capacity, and that by their signatures on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. Witness my hand and officials . DINAPeiNn ciCommission# 1453610 < ' Notary Public-California Orange Count' My Comm.Expires Nov 28,2007t OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER SIGNER IS REPRESENTING: Greg Pomi —Vice President Lennar Homes of California. Inc. Dee Baker- Assistant. Secretary Lennar Homes of California. Inc. DESCRIPTON OF ATTACHED DOCUMENT Type of Document: Contra Costa County Subdivision (Right-of-Way Landscape) Agreement Extension for Surety Bond No.08719221 Number of Pages: Two (2) Date of Document: November 22, 2005 Signers (other than those named above): Rachelle Rheault CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT No.5907 State of California County of Orange On November 22 2005 before me, Rosa Estela Rivas,Notary Public DATE NAME,TITLE OF OFFICER-E.G.,"JANE DOE,NOTARY PUBLIC' personally appeared Rachelle Rheault NAME(S)OF SIGNER(S) ® personally known to me - OR - ❑ proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. ROSH ESTELA RIVAS IF N COMM.LI 1447661 it 20 NOTARY PUBLIC CALIFORNIA WITNESS my hand and official seal. � ORANGE COUNTY ro ' My comm,az Tres Oct.28,2007 t SIGNATURE OF NOTARY OPTIONAL Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form. CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT ❑ INDIVIDUAL ❑ CORPORATE OFFICER TITLE OR TYPE OF DOCUMENT TITLE(S) ❑ PARTNER(S) LIMITED H GENERAL ® ATTORNEY-IN-FACT ❑ TRUSTEE(S) ❑ GUARDIAN/CONSERVATOR NUMBER OF PAGES ❑ OTHER: SIGNER IS REPRESENTING: DATE OF DOCUMENT NAME OF PERSON(S)OR ENTITY(IES) SIGNER(S) OTHER THAN NAMED ABOVE S-4067/GEEF 2/98 ©1993 NATIONAL NOTARY ASSOCIATION•8236 Remmet Ave.,P.O.Box 7184•Canoga Park,CA 91309-7184 Power of Attorney FIDELITY AND DEPOSIT COMPANY OF MARYLAND KNOW ALL MEN BY THESE PRESENTS:That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,a corporation of the State of Maryland,by PAUL C. ROGERS,Vice President,and T.E. SMITH,Assistant Secretary, in pursuance of authority granted by Article Vl,Section 2,of the By-Laws of said Company, w set forth on the reverse side hereof and are hereby certified to be in full force and effect on the date hereof d s l mate,constitute and appoint Rachelle RHEAULT,of Irvine,California, its true and.la 4=c)make,execute, seal and deliver, for,and on its behalf as surety,and as its act and o ngs,and the execution of such bonds or undertakings in pursuan s on said Company,as fully and amply,to all intents and purposes, as if t xe� b ged by the regularly elected officers of the Company at its office in Ba r� eir r The said Assistant r e eret t tract set forth on the reverse side hereof is a true copy of Article VI, Section 2,of the By-) *� d`is now in force. IN WITNESS W e said Vice-President and Assistant Secretary have hereunto subscribed their names and affixed the Corporat ea of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, this 24th day of May, A.D. 2004. ATTEST: FIDELITY AND DEPOSIT COMPANY OF MARYLAND ... A tm By: T. E.Smith Assistant Secretary Paul C.Rogers Vice President State of Maryland1 ss: City of Baltimore J On this 24th day of May, A.D. 2004, before the subscriber, a Notary Public of the State of Maryland, duly commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, to me personally known to be the individuals and officers described in and who executed the preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn,severally and each for himself deposeth and saith,that they are the said officers of the Company aforesaid, and that the seal affixed to the preceding instrument is the Corporate Seal of said Company, and that the said Corporate Seal and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority and direction of the said Corporation. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. O�,00 A.F4��2 Dennis R. Hayden Notary Public My Commission Expires: February 1,2005 POA-F 012-50308 EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND "Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee, shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances, stipulations, policies, contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in the nature of mortgages,...and to affix the seal of the Company thereto." CERTIFICATE I,the undersigned,Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND,do hereby certify that the foregoing Power of Attorney is still in full force and effect on the date of this certificate; and I do further certify that the Vice-President who executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors to appoint any Attomey-in-Fact as provided in Article VI, Section 2, of the By-Laws of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND. This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolutie:3 of the Board of Directors of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND at a meeting duly called and held oii the I Oth day of May, 1990. RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechariicaliy reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made herctofore or hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and binding upon the Company with the same force and effect as though manually affixed." ' - IN TESTIMONY WHEREOF,I have hereunto subscribed my name and affixed the corporate seal of the said Company, this 22nd day of November . 2005 /� r{�cxc )` /i 11� Assistant Secretary ZURICH THIS IMPORTANT DISCLOSURE NOTICE IS PART OF YOUR BOND Fidelity and Deposit Company of Maryland, Colonial American Casualty and Surety Company,Zurich American Insurance Company, and American Guarantee and Liability Insurance Company are making the following informational disclosures in compliance with The Terrorism Risk Insurance Act of 2002. No action is required on your part. Disclosure of Terrorism Premium The premium charge for risk of loss resulting from acts of terrorism(as defined in the Act)under this bond is $_waived_ This amount is reflected in the total premium for this bond. Disclosure of Availability of Coverage for Terrorism Losses As required by the Terrorism Risk Insurance Act of 2002,we have made available to you coverage for losses resulting from acts of terrorism(as defined in the Act)with terms, amounts,and limitations that do not differ materially as those for losses arising from events other than acts of terrorism. Disclosure of Federal Share of Insurance Company's Terrorism Losses The Terrorism Risk Insurance Act of 2002 establishes a mechanism by which the United States government will share in insurance company losses resulting from acts of terrorism(as defined in the Act)after a insurance company has paid losses in excess of an annual aggregate deductible. For 2002,the insurance company deductible is 1%of direct earned premium in the prior year; for 2003, 7%of direct earned premium in the prior year;for 2004, 10%of direct earned premium in the prior year; and for 2005,15%of direct earned premium in the prior year. The federal share of an insurance company's losses above its deductible is 90%. In the event the United States government participates in losses,the United States government may direct insurance companies to collect a terrorism surcharge from policyholders. The Act does not currently provide for insurance industry or United States government participation in terrorism losses that exceed$100 billion in any one calendar vena. Definition of Act of Terrorism The Terrorism Risk Insurance Act defines "act of terrorism" as any act that is certified by the Secretary of the Treasury, in concurrence with the Secretary of State and the Attorney General of the United States: 1. to be an act of terrorism; 2. to be a violent act or an act that is dangerous to human life,property or infrastructure; 3. to have resulted in damage within the United States,or outside of the United States in the case of an air carrier (as defined in section 40102 of title 49, United 17 States Code)or a United States flag vessel(or a vessel based principally in the United States,on which United States income tax is paid and whose insurance coverage is subject to regulation in the United States),or the premises of a United States mission; and 4. to have been committed by an individual or individuals acting on behalf of any foreign person or foreign interest as part of an effort to coerce the civilian population of the United States or to influence the policy or affect the conduct of the United States Government by coercion. But,no act shall be certified by the Secretary as an act of terrorism if the act is committed as part of the course of a war declared by Congress(except for workers' compensation)or property and casualty insurance losses resulting from the act, in the aggregate,do not exceed$5,000,000. These disclosures are informational only and do not modify your bond or affect your rights under the bond. Copyright Zurich American Insurance Company 2003 CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, Though statute does not require the Notary to fill DATE NAME,TITLE OF OFFICER E.G.,-JANE DOE,NOTARY PUBLIC" in the data below,doing so may prove invaluable to persons relying on the document. personally appeared NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-❑❑ provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(S) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL his/her/their signature(s)on the instrument the 0 ❑ ATTORNEY-IN-FACT person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, 0 ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)) 00 acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. I. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. 11. SIGNATURES FOR INDIVIDUALS - The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. 111. SIGNATURES FOR PARTNERSHIPS -Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers,one from each of the following two groups: GROUP 1. (a)The Chair of the Board b)The President c)Any Vice-President GROUP 2. (a)The Secretary b)An Assistant Secretary c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing theperson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney,notarized,will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: .and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT State of OPTIONAL SECTION County of CAPACITY CLAIMED BY SIGNER On ,before me, Though statute does not require the Notary to rill DATE NAME,TITLE OF OFFICER E.G.,"JANE DOE,NOTARY PUBLIC- in the data below,doing so may prove invaluable to persons relying on the document. personally appeared NAME(S)OF SIGNER(S) ❑ ❑ INDIVIDUAL ❑❑ personally known to me-OR-110 provided to me on the basis of satisfactory evidence to ❑ ❑ CORPORATE OFFICER(S) be the person(s)whose name(s)is/are subscribed TITLE(s) to the within instrument and acknowledged to me that he/she/they executed the same in ❑ ❑ PARTNER(S) ❑ ❑ LIMITED his/her/their authorized capacity(ies),and that by ❑ ❑ GENERAL his/her/their signature(s)on the instrument the ❑ ❑ ATTORNEY-IN-FACT person(s)or the entity upon behalf of which the ❑ ❑ TRUSTEE(S) person(s)acted,executed the instrument. ❑ ❑ GUARDIAN/CONSERVATOR WITNESS my hand and official seal, ❑ ❑ OTHER: SIGNER IS REPRESENTING: SIGNATURE OF NOTARY I NAME OF PERSON(S)OR ENTITY(IES)I ❑❑ acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors. OPTIONAL SECTION THIS CERTIFICATE MUST BE ATTACHED Title or Type of Document TO THE DOCUMENT AT RIGHT. Number of Pages Though the adjacent data is not required by law,it may prove valuable Date of Document to persons relying on the document and could prevent fraudulent Signer(s)Other Than Named Above re-attachment of this form INSTRUCTIONS TO NOTARY The following information is provided in an effort to expedite processing of the documents. Signatures required on documents must comply with the following to be acceptable to Contra Costa County. 1. FOR ALL SIGNATURES -The name and interest of the signer should be typed or printed BENEATH the signature. The name must be signed exactly as it is typed or printed. I1. SIGNATURES FOR INDIVIDUALS-The name must be signed exactly as it is printed or typed. The signer's interest in the property must be stated. III. SIGNATURES FOR PARTNERSHIPS-Signing party must be either a general partner or be authorized in writing to have the authority to sign for and bind the partnership. IV. SIGNATURES FOR CORPORATIONS Documents should be signed by two officers, one from each of the following two groups: GROUP 1. (a)The Chair of the Board b)The President c)Any Vice-President GROUP 2. a)The Secretary �b)An Assistant Secretary (c)The Chief Financial Officer (d)The Assistant Treasurer If signatures of officers from each of the above two groups do not appear on the instrument,a certified copy of a resolution of the Board of Directors authorizing theperson signing the instrument to execute instruments of the type in question is required. A currently valid power of attorney, notarized, will suffice. Notarization of only one corporate signature or signatures from only one group,must contain the following phrase: "...and acknowledged to me that such corporation executed the within instrument pursuant to its by-laws or a resolution of its Board of Directors." k + BOARD OF SUPERVISORS-5 ;'° Contra FROM: MAURICE M. SHN, PUBLIC WORKS DIRECTOR Costa DATE: April 4, 2006 °°sra�e N County SUBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to terminate the contract with A.S. Dutchover & Associates effective April 3, 2006 for the provision of landscape architectural services, (San Ramon) area. (District III) Project No.: Various SPECIFIC REQUIST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION RECOMMENDED ACTION: APPROVE and AUTHORIZE the Public Works Director,or designee,to terminate the contract with A.S.Dutchover & Associates effective April 3, 2006 for the provision of landscape architectural services, (San Ramon) area. FISCAL IMPACT: There is no impact to the County General Fund. Services are paid by developer fees. Continued on Attachment X SIGNATURE: L//_ y/RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE ✓XPPROVE OTHER SIGNATURE(S): ACTION OF BO ON //m APPROVED AS RECOMMENDED ✓ OTHER VOTE F SUPERVISORS UNANIMOUS(ABSENT Gry ) AYES: NOES: ABSENT: ABSTAIN: MF:ms G:\GrpData\SpDist\Board Orders\2006-Board Orders\ 04-04-06 BO A.S.Dutchover&Associates-Terminate.doc I hereby certify that this is a true and correct copy of an action Orig.Div:Public Works(Special Districts) taken and entered on the minutes of the Board of Supervisors on Contact: Margaret Fong(313-2005) cc: County Administrator the date shown. County Counsel E.Wean,Engineering Services T Accounting ATTESTED: %/ T .Ric,Engineering Services File Folder JOHN CULLEN,Clerk of the Board of Supervisors and County Administrator By Deputy --SOBJECT: APPROVE and AUTHORIZE the Public Works Director,or designee,to terminate the contract with A.S. Dutchover & Associates effective April 3, 2006 for the provision of landscape architectural services, (San Ramon) area. (District III) Project No.: Various DATE: April 4, 2006 PAGE: 2 REASONS FOR RECOMMENDATIONS AND BACKGROUND: Since June 25,2005,A.S.Dutchover&Associates has been providing plan review,construction field inspections, grounds and facilities,design services and other consulting services related to landscape architecture primarily in the Tassajara and Dougherty Valley area. The department is experiencing increased need for additional consulting services in the South County area at this time. A.S.Dutchover&Associates' contract will be expiring on June 30, 2006 with very limited funds left to provide landscape architectural services. A Request for Qualification(RFQs)was sent out on December 13,2005 to thirty(30)landscape architectural firms. After reviewing all of the submitted Statements of Qualifications (SOQs), it was determined that two landscape architectural firms were needed to provide consulting services in the South County area. One of the contracts was awarded to A.S.Dutchover&Associates. Since their current contract expires on June 30,2006,A.S.Dutchover& Associates' contract needs to be terminated in order for their new contract to be effective April 4, 2006. CONSEQUENCES OF NEGATIVE ACTION: Without Board approval,A.S.Dutchover&Associates will not be able to provide the additional consulting services in the South County area.