Staff Report
PREPARED BY: JOEL PAULSON
Director of Community Development
Reviewed by: Assistant Town Manager Town Attorney Finance
N:\SHARE\COUNCIL REPORTS\2016\09-20-16\04 W. Jeffrey Heid\Staff Report FINAL.doc Reformatted:5/30/02 Revised: 9/15/16 10:23
AM
MEETING DATE: 09/20/16
ITEM NO. 4
COUNCIL AGENDA REPORT
DATE: SEPTEMBER 14, 2016
TO: MAYOR AND TOWN COUNCIL
FROM: LAUREL PREVETTI, TOWN MANAGER
SUBJECT: AUTHORIZE THE TOWN MANAGER TO EXECUTE AN AGREEMENT
WITH W. JEFFREY HEID TO SERVE AS A TOWN CONSULTANT TO
REVIEW LANDSCAPE PLANS AND TO PERFORM IRRIGATION
AUDITS REQUIRED BY THE STATE MODEL WATER EFFICIENT
LANDSCAPE ORDINANCE.
RECOMMENDATION:
Authorize the Town Manager to execute an agreement with W. Jeffrey Heid to serve as a Town
consultant to review landscape plans and to perform irrigation audits required by the State Model
Water Efficient Landscape Ordinance.
BACKGROUND:
In 1992, the Town adopted a Water Efficient Landscape Ordinance pursuant to State of
California requirements.
On January 1, 2010, pursuant to AB 1881, the State required local agencies to adopt the State
Model Water Efficiency Landscape Ordinance unless a local agency had adopted their own
ordinance that met the State ordinance requirements.
On July 15, 2015, pursuant to Governor Brown’s Executive Order (EO B-29-15), the State
required local agencies to adopt the updated State Model Water Efficiency Landscape Ordinance
or adopt a local ordinance that met the State ordinance requirements.
Since the adoption of AB 1881, the Town has used the State’s ordinance because the Town’s
Water Efficient Landscape Ordinance has not been modified.
Landscape plans that are subject to review under the updated State ordinance are now required to
PAGE 2
MAYOR AND TOWN COUNCIL
SUBJECT: CONSULTING LANDSCAPE IRRIGATION AUDITOR CONTRACT
SEPTEMBER 14, 2016
be reviewed by licensed landscape professionals.
BACKGROUND (Continued):
W. Jeffrey Heid’s original consultant agreement with the Town was from March 8, 2011 through
June 30, 2012. The agreement was extended for an additional four years.
DISCUSSION:
A Consulting Landscape Architect and Irrigation Auditor serves in a similar capacity to other
Town consultants such as the consulting architect, arborist, geotechnical consultant, and
environmental consultant. Typical tasks that the Consulting Landscape Architect and Irrigation
Auditor may provide include the following:
Work on special studies or projects, including, but not limited to: preparation of a
checklist for content of landscape plans and irrigation reports for application packets.
Evaluation of landscape and irrigation plans for development proposals, including, but
not limited to: review of landscape water budget components, soil assessment and
management, landscape maintenance, and/or identifying recommendations and conditions
of approval for landscape water reduction and project monitoring.
Completion of irrigation audits.
QUALIFICATIONS:
A Request for Qualifications was sent on July 7, 2016 to thirteen Landscape Architects and
Irrigation Auditors. Qualifications from one Landscape Architect, W. Jeffrey Heid, were
received on August 4, 2016 (Attachment 1). W. Jeffrey Heid has been the Town’s Water
Efficient Landscape Consultant for the past five years and he has provided staff updates
regarding the new State ordinance requirements. W. Jeffrey Heid has worked on a wide variety
of projects in the Santa Clara Valley and has served as a consultant for the City of Saratoga and
County of Santa Clara. Staff recommends contracting with W. Jeffrey Heid through June 30,
2021 to review landscape plans and perform irrigation audits, as required by the new State
ordinance requirements.
W. Jeffrey Heid has been a licensed landscape architect since 1982 and a State certified
landscape irrigation auditor since 2008. In order to comply with the new State ordinance,
irrigation audits are required to be conducted by a certified landscape irrigation auditor. W.
Jeffrey Heid’s two credentials eliminate the need for an additional consultant to meet the State
requirements.
PAGE 3
MAYOR AND TOWN COUNCIL
SUBJECT: CONSULTING LANDSCAPE IRRIGATION AUDITOR CONTRACT
SEPTEMBER 14, 2016
QUALIFICATIONS (Continued):
In addition to the abovementioned credentials, his qualifications include the following:
EPA Water Sense Partner
Education and experience to review both landscape and irrigation plans
Knowledge of State Water Efficient Landscape Ordinance
Business location allows for easy access to project sites and interface with Town staff,
while minimizing travel costs
FISCAL IMPACT:
Landscape plan review, peer review, and irrigation audits for development proposals are paid for
by the project applicant. The review deposit is $2,000 and the actual cost is based on the scope
of work and consultant’s fee schedule (see Exhibit A of Attachment 2). An administrative fee of
10% is also charged by the Town. The purpose of the administrative fee is to reimburse the
Town for the cost of administering the Consultant’s work.
CONCLUSION:
Staff recommends that the Council authorize Town Manager to execute an agreement with W.
Jeffrey Heid to serve as a consulting landscape architect and irrigation auditor under the
supervision of Director of Community Development.
Attachments:
1. W. Jeffrey Heid response to RFQ (13 pages)
2. Consulting landscape architect and irrigation auditor agreement, including Exhibit A (eight
pages)
Distribution:
W. Jeffrey Heid, 6179 Oneida Drive, San Jose, CA 95123
August 1, 2016
Town of Los Gatos
W . JEFFREY HEID/LANDSCAPE ARCHITECT
6179 Oneida Drive, San Jose, Ca. 95123
408 691-5207 wjheidasla@comcast.net
Community Development Department
Planning Division
Attn: Sally Zamowitz, AIA -Planning Manager
Re: RFQ Dated July 7, 2016
To Serve as a Consultant to Review Landscape Plans and to Perform Irrigation Audits
Required Through the State Model Water Efficient Landscape Ordinance for the Town of
Los Gatos
Dear Sally,
Thank you for the opportunity to serve again as consultant to the Town of Los Gatos in reference
to the local Water Efficient Landscape Ordinance. As you know I have served in this capacity
for the past five years. With the most recent modifications to the WELO, it has been an
interesting transition and learning process as applicants must rethink their design approach. For
projects I personally prepare outside of the Town of Los Gatos, it has been a transition for me as
well. My hope is this has given me a better understanding of the revised ordinance.
I am currently serving in this same capacity for the City of Saratoga and know that my
experience with the Town of Los Gatos will help my role and work there.
Attached with this letter I include my statement of interest and a breakdown of qualifications.
Please call or email me with any questions and/or ifl can provide additional information ..
ATTACHMENT 1
August 1, 2016
REQUEST FOR QUALIFICATIONS -TOWN OF LOS GATOS
To serve as consultant to review landscape plans and to preform irrigation audits required
through the State Model Water Efficient Landscape Ordinance for the Town of Los Gatos .
Applicant:
W. Jeffrey Heid
Landscape Architect
Certified Landscape Irrigation Auditor
1 -Introduction
Conservation of natural resources , most specifically water, has been a passion of mine for many
years. Since early in my career I have strived to be better educated in the design of water
conserving landscapes. With these skills my hope has been through design and consultation, to
inform my clients of the critical need to conserve.
I first became certified as a Landscape Irrigation Auditor in the late 1980's but the application of
this certification was still in its infancy. The last 10 -15 years has shown a major change in our
population, water use , weather and a more urgent need for all of us to do our part in conserving
our resources. It is with this in mind that I have looked for other ways to serve, outside of my
private practice.
I believe I have acquired the necessary skills to provide the services called for in this request for
qualifications . My hope is to make a difference, no matter how small, as conservation of our
water resources becomes even more critical. I will strive to stay current as conservation methods
and requirements change, and to assist staff members with the Town of Los Gatos to the best of
my ability.
2 -Experience
In the past five years I have had the opportunity to review and plan check over 30 projects for the
Town of Los Gatos, ranging from single family residential to commercial developments .
Current projects include:
15615 Shady Lane
15735 Camino Del Cerro
Recent plan checks include:
110 Sisters Court, 125 Sisters Court, 130 Prospect Avenue , 485 Monterey Avenue, 15310
Santella Court, Hawkins Residence -Shady Lane, 16005 Los Gatos Boulevard
I have also just recently completed my first plan check for the City of Saratoga at 19401 Crisp
Avenue.
Most projects have some challenges whether it is due to incomplete information submitted by the
applicant, fully understanding the intent of the design, interpretation of the WELO, or staying
current with new water conserving methods and equipment.
In private practice I must also meet the requirements of the WELO in my own design work.
Recent projects include:
Life Chiropractic College -Hayward
Montessori School -Pleasanton
Lexus Detail Facility -Santa Clara
Nextev Facility -San Jose
Shahidi Residence -Los Altos Hills
Nasr Residence -Los Altos
Fitch Residence -Woodside
3 -Qualifications
Principal:
W. Jeffrey Heid
6179 Oneida Drive
San Jose, CA. 95123
(408) 691-5207
wjheidasla@ comcast.net
www. wj effreyheidlandscapearchitect. com
A briefresume is attached as part of this RFQ.
Licenses and Certifications:
*Licensed in the State of California, #2235 , as a Landscape Architect (since 1982)
*Certification with the Irrigation Association, #006586 as a Certified Landscape Irrigation
Auditor (since 2008)
*EPA Water Sense Partner
*QWEL Certified
*Bay Friendly Certified
Affiliations:
*Member of the Irrigation Association
*Member of the American Society of Landscape Architect
*Member of the California Landscape Contractors Association
4 -Organization
All plan checks and audits will be performed by W. Jeffrey Heid. My goal will be to complete the
initial plan check within two weeks of receiving the documents. However, if a specific proj ect review
needs to be ex pedited, I will work with staff to understand the time constraints and complete the plan
check accordingly. If the application is incomplete or does not full y meet the requirements of the
WELO, modifications to the design and plans may be required by the applicant, which will be
identified in the plan check comments, thus requiring an additional review.
I will also be happy to speak with the applicant/designer to help expedite the process.
5 -Project Approach
A : Staff Assistance
1) To assist staff when needed for special projects, interpretation of the WELO, and any
initial questions for a new application.
2) Attendance at city meetings when needed.
3) Assistance when needed to review and help modify the requirements of the Town 's
Water Efficient Landscape Ordinance.
B: Plan Check
1) To be available to city staff to answer any questions from the applicant.
2) When needed, to work directly with an applicant to assist their understanding of the
ordinance and how it may affect their project.
3) To expedite the review oflandscape documents, providing plan check comments in
reference to the most current WELO and Town of Los Gatos standards.
4) To make sure that the applicant has met the intent of ordinance.
5) To represent the Town of Los Gatos to the best of my ability.
6) When needed, to provide additional services or comments regarding compliance with
local fire regulations, hillside ordinance and wildland interface requirements.
C: Audit
1) As requested, upon completion of the landscape installation, provide irrigation
survey/audit services to confirm compliance with the WELO and the approved landscape
plans. Extent of survey and audit to be determined.
6 -Public Meetings
The time line to complete a plan check will depend on a number of items. These include:
compliance by the applicant with the requirements of the WELO ; completeness of the document
package; size of project and whether a second review will be needed. Based on recent plan
reviews , time requirements have ranged from five to 25 hours .
For survey and audit services, this will again depend on the size of the project and if the
installation is complete and in compliance with the approved plan. If corrections are required, a
second survey or audit may be required .
The fee program for plan checks the past five years has been determined by the project planner.
This has been fixed with the option for additional time if needed. I have tracked my time for
each plan check with my fee based on an hourly rate of $125.00. I currently have held this rate
to the present.
7 -Examples of Work
Following this section are three examples ofWELO reports I have prepared for the Town of Los
Gatos. The first is from three years ago for the Montecito Park and Residences . My initial
review found the application to be incomplete. I have included my preliminary plan comments
and well as my subsequent review comments after modifications by the applicant.
The second plan check comes from this year for 375 Knowles Drive. The application as
prepared was complete and approved with minor conditions.
The third plan check is also from this year for 15735 Camino Del Cerro. This project also
required additional documentation and a second plan check was provided.
The last two are based on the most recent modifications to the MWELO. I would be happy to
provide additional plan check examples or any further information regarding experience and
qualifications upon request.
W. Jeffrey Heid
Landscape Architect
C;_se:IllJ· ~~:t:HEl~e~~,.· on Auditor
W. JEFFREY HEID
LANDSCAPE ARCHITECT
IRRIGATION CONSULTANT
CERTIFIED LANDSCAPE IRRIGATION AUDITOR
6 179 Oneida Drive, San Jose, Ca. 95123 o) 408 691-5207 c) 408 691-5207 f) 408 226-6085
w jheidasla@comcast.net www.wjeffreyheidlandscapearchitect.com
PROFESSIONAL SERVICES
Landscape Architect/Principal -W. Jeffrey Heid Landscape Architect, 1979 to Present
with offices in Saratoga and San Jose , California
Provide full landscape design services : consultation, sketch design, site planning, master
planning, grading and drainage, planting design, landscape lighting, irrigation design, pool
layout, water conserving designs, construction details and construction administration,
coordination with local city or county jurisdiction as needed.
• Over 2000 custom residential designs throughout the Bay Area, including multi -family
residential design, commercial and industrial projects, school, church and park design.
Certified Landscape Irrigation Auditor, 2008 to Present
with offices in Saratoga and San Jose, California
Able to provide plan checks of other designers, irrigation surveys and audits of existing
landscape irrigation systems.
EDUCATION AND CREDENTIALS
Bachelor of Science in Liberal Studies/Landscape Architecture -1977
Oregon State University, Corvallis Oregon
Professional Certifications
Licensed in the State of California as a Landscape Architect -#2235
Certified Irrigation Auditor with the Irrigation Association -#006586
EPA Water Sense Partner
Bay Friendly Certified
Professional Affiliations
'
Member of the Irrigation Association
Member of the Rotary Club of Saratoga
ASLA -American Society of Landscape Architects
Member of the California Landscape Contractors Association
February 6, 2013
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Suzanne Avila
Re: Los Gatos Boulevard/Blossom Hill Road -Montecito Park and Montecito Residences
Landscape/WELO Documentation Package Review
Dear Suzanne,
I have completed my preliminary review of the proposed landscape plans for these two projects,
prepared by the Ripley Design Group. Based on the Town of Los Gatos Water Efficient
Landscape Ordinance and the State of California Model Water Efficient Landscape Ordinance
(MWELO), I need further clarity on speci fic items and find the application to be incomplete at
this time .
Overall the documentation looks good , but the applicant needs to provide and clarify the
following:
Montecito Park:
1) Water Conservation Concept Statement (Town Section 26.40.025.3a).
2) Verify that the proposed controller is equipped with a rain sensor (Town Section
26.40.030.6a(iii), MWELO Section 492.7.D).
3) There is a mix of low and medium water need plants within the same designated hydrozone
and irrigation circuits. The MWELO allows this but only in proportion. The percentage of
medium water needs plants within designated low hydrozones either needs to be reduced, or
the hydrozone changed to medium, with the ETWU recalculated (MWELO Section
492. 7(a)2.D(1 )).
4) Lawn areas with overhead spray application are not permitted within 24" of any non-
permeable surface . Please provide additional input on how this is being addressed where
proposed lawn is adjacent to s idewalks and streets (MWELO Section 492 .7(a)2(S)).
5) Provide clarity on what is being considered the "special landscape area".
6) Near the irrigation point of connection, there is a rectangle with a diagonal slash through it.
Please provide clarity on what this designates.
Additional Comments and Observations:
A) A site specific soils analysis, with recommendations for soil preparation, is called for
once the site is rough grades, this is acceptable (MWELO Section 492.5).
B) I note a potential obstruction of spray by the proposed benches within the lawn area.
C) Recommend that protection of the potable water service be done in such a way that the
proposed irrigation control valve manifolds can be located below grade to limit potential
vandalism.
Montecito Residences:
1) Water Conservation Concept Statement (Town Section 26.40.025.3a).
2) There is also a mix of low and medium water need plants within the same designated
hydrozones and irrigation circuits on this portion of the project as well. This is especially true
of the courtyard entries at lots 2 and 6, and entries to lots 11, 12, 14, 15, 16 and 19. The
proportion of medium to low water need plants needs to be addressed. Many of the
hydrozones which are designated low, should really be considered medium. Please provide
additional clarity on how this will be addressed (MWELO Section 492.7(a)2.D(l)).
3) Similar to Montecito Park, lawn areas with overhead spray application are not permitted
within 24" of any non-permeable surface. Please provide additional input on h ow this is
being addressed where proposed lawns are adjacent to sidewalks (MWELO Sect ion
492. 7(a)2(S)).
4) Identify plant des ignated as Col "SG".
5) Clarify planting area along Placer Oaks Road, noted as turf but designation is Myoporum.
6) Provide clarity on where water service comes from Montecito Park.
Additional Comments and Observations:
A) Same comments as above regarding the soils analysis and report.
B) Recommend that isolation valves be located at strategic locations to allow shut down of
only portions of the system should maintenance be required .
C) For future reference, please identify on the actual p lanting plans the designated
hydrozones.
Clarity and/or modifications to the plans shall be made and resubmitted for final review.
Questions may be addressed to my office at 408 867-8859.
Regards,
W . Jeffrey Heid
Landscape Architect
Certified Landscape Irrigation Auditor
March 6, 2013
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn: Suzanne Avila
Re: Los Gatos Boulevard/Blossom Hill Road -Montecito Park and Montecito Residences
Landscape/WELO Documentation Package Review
Dear Suzanne,
I have reviewed the revised landscape plans, calculations and response comments for this
project, dated February 21, 2013, as prepared by the Ripley Design Group. Based on
requirements of the Town of Los Gatos Water Efficient Landscape Ordinance, the State of
California Model Water Efficient Landscape Ordinance (MWELO), and the modifications made
by the applicant to these documents, I find the application to be complete.
Final Comments:
Montecito Park:
1) From original plan check "comment #4", the applicant has selected a low precipitation rate
rotor head for the lawn area to prevent against overspray and run off. This is allowed
adjacent to non-permeable surfaces, per MWELO Section 492.7(a)2(S)3, as long as
prevention of both overs pray and runoff is confirmed during an audit of the system once
installed.
2) From original plan check "additional comment A", as results of the future soils analysis are
available, copies shall be made available to the Town of Los Gatos for their project file
Montecito Residences:
1) Same comment as #1 above from original plan check "comment 3".
2) Same comment as #2 above from original plant check "additional comment A.
Questions may be addressed to my office at 408 867-8859.
Regards ,
W. Jeffrey Heid
Landscape Architect
Certified Landscape Irrigation Auditor
April 4 , 2016
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn : Jennifer Armer
W. JEFFREY HEID/LANDSCAPE ARCHITECT
6179 Oneida Drive , San Jose, Ca. 95123
408 691-5207 wjheidasla@comcast.net
Re : 375 Knowles Drive, Lots 1-33
Landscape/WELO Documentation Package Review
Dear Jenni fer
I have reviewed the proposed landscape plans for this project, prepared by Van Dom Abed,
Landscape Architects and Brookwater Irrigation Consultants, dated 3/18/16 and 12122115
respective ly . My review is based on the revised State of California Model Water Efficient
Landscape Ordinance (MWELO -Effective December 1, 2015). Based on this version of the
ordinance and my review of the plans provided, I find the application to be complete with the
following conditions.
I) As the soils analysis and report are available, a copy of these recommendations shall be
submitted to the Town of Los Gatos. Reference the revised MWELO for the r equired use of
compost.
2) Provide additional information regarding the proposed mulch. A three inch minimum lay er
shall be spread across the planting area after planting operations have been completed.
3) Verify any storm water control, or bio retention measures and locations on the planting plan.
Prior to final occupancy, a Certificate of Completion shall be submitted to the Town of Lo s
Gatos. This shall include:
a. Irri gation scheduling parameters used to set the controller.
b. Landscape and irrigation maintenance schedule. See MWELO for specific
maintenance requirements.
c . Irrigation audit report, prepared by a third party .
d . A diagram o f the irrigation plan showing the hydrozones , which shall be kept with
the controller.
Response to these conditions may be provided in Jetter form. Any questions or additional
comments may be addressed to m y office at 408 691-5207.
Regards,
W. Jeffrey Heid -Landscape Architect/Certified Landscape Irrigation Auditor
June 8, 2016
Town of Los Gatos
110 E. Main Street
Los Gatos, CA. 95031
Attn : Marni Moseley
Re: 15735 Camino Del Cerro
W. JEFFREY HEID/LANDSCAPE ARCHITECT
6179 Oneida Drive, San Jose, Ca. 95123
408 691-5207 wjheidasla@comcast.net
Landscape/WELO Documentation Package -Second Review
Dear Marni ,
I have reviewed the modified landscape plans for this project, prepared by HMH, Landscape
Architects and dated 6/3/16 . The applicant has addressed the majority the comments from my
original review dated 5/31116, and I am making the application complete with the following
comment.
One outstanding item which was not addressed is my review comment #8. Based on the amount
of landscape area, the irrigation system either needs a separate water meter or sub meter. The
applicant can provide clarity on this item either via a letter or email.
Additional comments from my original review:
A) Prior to final occupancy, a Certificate of Completion shall be submitted to the Town of
Los Gatos. This shall include :
a. Landscape and irrigation maintenance schedule. See MWELO for specific
maintenance requirements.
b. Irrigation audit report, prepared by a third party .
c. A diagram of the irrigation plan showing the hydrozones, which shall be kept with
the controller.
Please call or email me with any que s tions or further comments.
Regards ,
W. Jeffrey Heid
Landscape Architect
Certified Landscape Irrigation Auditor
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Intentionally
Left Blank
May 31 , 2016
Town of Los Gatos
110 E. Main Street
Los Gatos , CA . 95031
Attn: Marni Moseley
Re : 15735 Camino Del Cerro
W. JEFFREY HEID/LANDSCAPE ARCHITECT
6179 Oneida Drive, San Jose, Ca. 95123
408 691-5207 wjheidasla@comcast.net
Landscape/WELO Documentation Package Review
Dear Marni,
I have reviewed the proposed landscape plans for this project, prepared by HMH, Landscape
Architects. My review is based on the revised State of California Model Water Efficient
Landscape Ordinance (MWELO-Effective December 1, 2015). Based on this version of the
ordinance and my review of the plans provided, I find the application to be incomplete at this
time.
Overall the documentation looks good, but the applicant needs to provide and/or clarify the
following and resubmit revised plans for additional review:
1) Some of the individual plant water needs listed in the plant legend are incorrect based on the
the latest version of the WUCOLS . Specific trees such as the Acer rubrum and Jacaranda
mimosifolia are medium water need . The Sequoia sempervirens is a high water need tree.
Please also double check the shrub/groundcover water needs These designations should be
changed on the plant legend and modifications will need to be made which affect the
proposed hydrozoing, calculations and irrigation circuiting.
2) Based on the revised plant water need, there are a mix of high and low water need plants
within the same hydrozone/irrigation circuit which is not allowed by the WELO. Please
revise to separate these and/or modify the plant groupings. A mix of low and medium, or
medium and high water need plants are allowed, but the hydrozone will be based on the
higher water need plant.
3) Proposed trees shall be identified and calculated as their own hydrozone and irrigated
separately from other plants.
4) A soil management program is identified in the project notes. As available, a copy of these
recommendations shall be submitted to the Town of Los Gatos. Also reference the rev ised
MWELO for the required use of compost.
5) Verify if there are any specific storm water control, or bio retention measures proposed .
6) Confirm and provide a note that 75% of the proposed plant material have a plant factor
(from WUCOLS), of .3 or lower.
7) The swimming pool needs to be calculated as its own high water hydrozone and included
within the water budget calculations.
8) With the landscape area being over 5000 sq ft , a dedicated irrigation meter, or private sub
meter, shall be included .
9) If a grading and drainage plan is part of the project documents, a copy shall be included
as part of the WELO re submittal package .
10) The architect shall include on both the planting and irrigation plans the following: "I have
complied with the criteria of the ordinance and applied them for the efficient use of water
in the landscape design plan and in the irrigation design plan".
Additional comments and observations:
A) Prior to final occupancy, a Certificate of Completion shall be submitted to the Town of
Los Gatos. This shall include:
a. Landscape and irrigation maintenance schedule. See MWELO for specific
maintenance requirements.
b. Irrigation audit report, prepared by a third party.
c. A diagram of the irrigation plan showing the hydrozones, which shall be kept with
the controller.
Questions may be addressed to my office at 408 691-5207.
Regards,
W. Jeffrey Heid
Landscape Architect
Certified Landscape Irrigation Auditor
1 of 7
AGREEMENT FOR CONSULTANT SERVICES
THIS AGREEMENT is dated for identification this 1st day of October 2016 and is made by and
between TOWN OF LOS GATOS, a California municipal corporation, (“Town”) and W. Jeffrey
Heid, Landscape Architect and Certified Landscape Irrigation Auditor, (“Consultant”), whose
address is PO Box 14, Saratoga, CA 95071. This Agreement is made with reference to the
following facts.
I. RECITALS
1.1 Town has a need for consulting landscape and irrigation auditor professionals for evaluation
of landscape and irrigation plans to ensure compliance with the State’s/Town’s Water
Efficient Landscape Ordinance for properties within the Town of Los Gatos.
1.2 Town desires to engage a landscape and irrigation auditor professional to review, analyze,
and comment on landscape plans; prepare technical analyses and reports; conduct peer
review of outside irrigation reports and attend public meetings as needed.
1.3 Consultant represents and affirms that he is qualified and willing to perform the desired
work pursuant to this Agreement.
II. AGREEMENTS
2.1 Scope of Services. Consultant shall provide the services listed below:
Administrative Duties
A. When needed by Town, review landscape and irrigation plans with proposed
development and redevelopment projects to ensure compliance with the
State’s/Town’s Water Efficient Landscape Ordinance.
B. When needed by Town, work on special studies or projects including but not limited
to preparation of a checklist for content of landscape plans and irrigation reports for
application packets.
C. When needed by Town, evaluate landscape and irrigation plans for development
proposals including but not limited to: review landscape water budget components,
soil assessment and management, landscape maintenance, and/or identify
recommendations and conditions of approval for landscape water reduction and
project monitoring.
D. When needed by Town, assist in the modification of Town's Water Efficient
Landscape Ordinance.
ATTACHMENT 2
2 of 7
E. When needed by Town, attend meetings with Town staff, public officials,
community leaders, developers, contractors, and the general public.
F. When needed by Town, advise, support and assist Town departments, committees,
commissions, and Town Council. In addition, act as a liaison between Town and
Federal, State, and Regional agencies.
G. When needed by Town, attend Town Council, Planning Commissio n, and special
study session meetings when water efficient landscaping/irrigation issues are being
considered.
H. When needed by Town, provide copies of draft and final draft work products of
reports and studies prepared for Town. Consultant shall provide electronic file
copies of these documents as needed.
Other miscellaneous services
Town may occasionally have the need for other services not specifically listed in t his
document that Consultant has the necessary experience and capabilities to provide. Town
or Redevelopment Agency may authorize Consultant to perform such selected services on
an as-needed basis.
2.2 Time of Performance. Consultant shall perform the services described in this agreement as
follows: The services of Consultant are through June 30, 2021, that will commence upon the
execution of the contract. Should Town not renew a contract, the award and authorization
of the contract shall automatically expire. Town shall give Consultant at least 30 days’
notice, prior to the cancellation or expiration of the contract.
2.3 Compliance with Laws. Consultant shall comply with all applicable laws, codes,
ordinances, and regulations of governing federal, state and local laws. Consultant
represents and warrants to Town that it has all licenses, permits, qualifications and
approvals of whatsoever nature which are legally required for Consultant to practice its
profession. Consultant shall maintain a Town of Los Gatos business license pursuant to
Chapter 14 of the Code of the Town of Los Gatos.
2.4 Sole Responsibility. Consultant shall be responsible for employing or engaging all persons
necessary to perform the services under this Agreement.
2.5 Information/Report Handling. All documents furnished to Consultant by Town and all
reports and supportive data prepared by Consultant under this Agreement are Town’s
property and shall be delivered to Town upon the completion of Consultant's services or at
Town's written request. All reports, information, data, and exhibits prepared or assembled
by Consultant in connection with the performance of its services pursuant to this Agreement
are confidential until released by Town to the public, and Consultant shall not make any of
the these documents or information available to any individual or organization not
employed by Consultant or Town without the written consent of Town before such release.
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Town acknowledges that the reports to be prepared by Consultant pursuant to this
Agreement are for the purpose of evaluating a defined project, and Town's use of the
information contained in the reports prepared by Consultant in connection with other
projects shall be solely at Town's risk, unless Consultant expressly consents to such use in
writing. Town further agrees that it will not appropriate any methodology or technique of
Consultant which is and has been confirmed in writing by Consultant to be a trade secret of
Consultant.
2.6 Compensation. Compensation for Consultant's professional services shall not exceed the
established hourly rates, as set forth in the Fee Schedule (Exhibit A), which is attached
hereto and incorporated herein by reference. Fees will be reviewed annually. Payment
shall be based upon Town approval of each task.
2.7 Billing. Billing shall be monthly by invoice within thirty (30) days of the rendering of the
service and shall be accompanied by a detailed explanation of the work performed by whom
at what rate and on what date. Also, plans, specifications, documents or other pertinent
materials shall be submitted for Town review, even if only in partial or draft form.
Payment shall be net thirty (30) days. All invoices and statements to Town shall be
addressed as follows:
Invoices:
Town of Los Gatos
Attn: Accounts Payable
P.O. Box 655
Los Gatos, CA 95031-0655
2.8 Availability of Records. Consultant shall maintain the records supporting this billing for
not less than three years following completion of the work under this Agreement.
Consultant shall make these records available to authorized personnel of Town at the
Consultant's offices during business hours upon written request of the Town.
2.9 Assignability and Subcontracting. The services to be performed under this Agreement are
unique and personal to Consultant. No portion of these services shall be assigned or
subcontracted without the written consent of Town.
2.10 Independent Contractor. It is understood that Consultant, in the performance of the work
and services agreed to be performed, shall act as and be an independent contractor and not
an agent or employee of Town. As an independent contractor he/she shall not obtain any
rights to retirement benefits or other benefits which accrue to Town employee(s). With
prior written consent, Consultant may perform some obligations under this Agreement by
subcontracting, but may not delegate ultimate responsibility for performance or assign or
transfer interests under this Agreement. Consultant agrees to testify in any litigation brought
regarding the subject of the work to be performed under this Agreement. Consultant shall
be compensated for its costs and expenses in preparing for, traveling to, and testifying in
such matters at its then current hourly rates of compensation, unless such litigation is
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brought by Consultant or is based on allegations of Consultant's negligent performa nce or
wrongdoing.
2.11 Conflict of Interest. Consultant understands that its professional responsibilities are solely
to Town. Consultant has and shall not obtain any holding or interest within Town of Los
Gatos. Consultant has no business holdings or agreements with any individual member of
the Staff or management of Town or its representatives nor shall it enter into any such
holdings or agreements. In addition, Consultant warrants that it does not presently and shall
not acquire any direct or indirect interest adverse to those of Town in the subject of this
Agreement, and it shall immediately disassociate itself from such an interest, should it
discover it has done so and shall, at Town's sole discretion, divest itself of such interest.
Consultant shall not knowingly and shall take reasonable steps to ensure that it does not
employ a person having such an interest in this performance of this Agreement. If after
employment of a person, Consultant discovers it has employed a person with a direct or
indirect interest that would conflict with its performance of this Agreement, Consultant
shall promptly notify Town of this employment relationship, and shall, at Town's sole
discretion, sever any such employment relationship.
2.12 Equal Employment Opportunity. Consultant warrants that it is an equal opportunity
employer and shall comply with applicable regulations governing equal employment
opportunity. Neither Consultant nor its subcontractors do and neither shall discriminate
against persons employed or seeking employment with them on the basis of age, sex, color,
race, marital status, sexual orientation, ancestry, physical or mental disability, national
origin, religion, or medical condition, unless based upon a bona fide occupational
qualification pursuant to the California Fair Employment & Housing Act.
III. INSURANCE AND INDEMNIFICATION
3.1 Minimum Scope of Insurance:
i. Consultant agrees to have and maintain, for the duration of the contract,
General Liability insurance policies insuring him/her and his/her firm to an
amount not less than: one million dollars ($1,000,000) combined single limit
per occurrence for bodily injury, personal injury and property damage.
ii. Consultant agrees to have and maintain for the duration of the contract, an
Automobile Liability insurance policy ensuring him/her and his/her staff to
an amount not less than one million dollars ($1,000,000) combined single
limit per accident for bodily injury and property damage.
iii. Consultant shall provide to Town all certificates of insurance, with original
endorsements effecting coverage. Consultant agrees that all certificates and
endorsements are to be received and approved by Town before work
commences.
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General Liability:
i. Town, its officers, officials, employees and volunteers are to be covered as
insured as respects: liability arising out of activities performed by or on
behalf of Consultant; products and completed operations of Consultant,
premises owned or used by Consultant.
ii. Consultant's insurance coverage shall be primary insurance as respects the
Town, its officers, officials, employees and volunteers. Any insurance or
self-insurances maintained by Town, its officers, officials, employees or
volunteers shall be excess of Consultant's insurance and shall not contribute
with it.
iii. Any failure to comply with reporting provisions of the policies shall not
affect coverage provided to Town, its officers, officials, employees or
volunteers.
iv. Consultant's insurance shall apply separately to each insured against whom a
claim is made or suit is brought, except with respect to the limits of the
insurer's liability.
3.2 All Coverages. Each insurance policy required in this item shall be endorsed to state that
coverage shall not be suspended, voided, cancelled, reduced in coverage or in limits except
after thirty (30) days' prior written notice by certified mail, return receipt requested, has
been given to Town. Current certification of such insurance shall be kept on file at all times
during the term of this agreement with Town Clerk.
3.3 Workers’ Compensation. It is understood that Consultant currently has no employees. If
employees are hired in the future, Consultant shall obtain and maintain Workers'
Compensation insurance as required by California law and shall provide evidence of such
policy to the Town. Consultant shall ensure that all subcontractors employed by Consultant
provide the required Workers' Compensation insurance for their respective employees.
3.4 Indemnification. The Consultant shall save, keep, hold harmless and indemnify and defend
Town, its officers, agent, employees and volunteers from all damages, liabilities, penalties,
costs, or expenses in law or equity that may at any time arise or be set up because of
damages to property or personal injury received by reason of, or in the course of performing
work which may be occasioned by a willful or negligent act or omissions of Consultant, or
any of Consultant's officers, employees, or agents or any subconsultant.
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IV. GENERAL TERMS
4.1 Waiver. No failure on the part of either party to exercise any right or remedy hereunder
shall operate as a waiver of any other right or remedy that party may have hereunder, nor
does waiver of a breach or default under this Agreement constitute a continuing waiver of a
subsequent breach of the same or any other provision of this Agreement.
4.2 Governing Law. This Agreement, regardless of where executed, shall be governed by and
construed to the laws of the State of California. Venue for any action regarding this
Agreement shall be in the Superior Court of the County of Santa Clara.
4.3 Termination of Agreement. Town and Consultant shall have the right to terminate this
agreement with or without cause by giving not less than fifteen days (15) written notice of
termination. In the event of termination, Consultant shall deliver to Town all plans, files,
documents, reports, performed to date by Consultant. In the event of such termination,
Town shall pay Consultant an amount that bears the same ratio to the maximum contract
price as the work delivered to Town bears to completed services contemplated under this
Agreement, unless such termination is made for cause, in which event, compensation, if
any, shall be adjusted in light of the particular facts and circumstances involved in such
termination.
4.4 Amendment. No modification, waiver, mutual termination, or amendment of this
Agreement is effective unless made in writing and signed by Town and Consultant.
4.5 Disputes. In any dispute over any aspect of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, including costs of appeal.
4.6 Notices. Any notice required to be given shall be deemed to be duly and properly given if
mailed postage prepaid, and addressed to:
To Town: To Consultant:
Joel Paulson W. Jeffrey Heid
Community Development Director Landscape Architect and
Town of Los Gatos Certified Landscape Irrigation Auditor
110 E. Main Street PO Box 14
Los Gatos, CA 95030 Saratoga, CA 95071
or personally delivered to Consultant to such address or such other address as
Consultant designates in writing to Town.
4.7 Order of Precedence. In the event of any conflict, contradiction, or ambiguity between the
terms and conditions of this Agreement in respect to the Products or Services and any
attachments to this Agreement, then the terms and conditions of this Agreement shall
prevail over attachments or other writings.
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4.8 Entire Agreement. This Agreement, including Exhibit A, constitutes the complete and
exclusive statement of the Agreement between Town and Consultant. No terms, conditions,
understandings or agreements purporting to modify or vary this Agreement, unless hereafter
made in writing and signed by the party to be bound, shall be binding on either party.
In WITNESS WHEREOF, Town and Consultant have executed this Agreement.
Town of Los Gatos Consultant:
Laurel Prevetti, Town Manager W. Jeffrey Heid
Town of Los Gatos Landscape Architect and Certified Landscape
Irrigation Auditor
Department Approval:
___________________________
Joel Paulson
Community Development Director
Approved as to Form:
s Gatos, California
______________________________
Robert Schultz
Town Attorney
N:\SHARE\COUNCIL REPORTS\2016\09-20-16\04 W. Jeffrey Heid\Attachment 2 - Consulting landscape architect and irrigation auditor
agreement.rtf
W. JEFFREY HEID
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EXHIBIT A
Fee Sched ulc: (Rates effective 111120 l l)
(Hourly rnte to be reviewed after each year for potential renegc1tiatio11)
Billed hourly at a rnte of $125 .00/hour, in minimum increments of 15 minutes, fo r all ii1
nnd out of office work including: travel to and :from meeting or project site, meeting lime
and/or on site lime and office Lime. A one hour minimum shaU be billed per project.
Examples of work included, but not limited to are:
Plan re11iew ; Sile visits; research ; meeting/phone/email time with Town oflos
GaJos, owner, contractor or plm1 preparer, prepuratlon of written. comments;
follow up reviaw of additional or 1'e!-'iscul submitrals.
After Hours Work: (ouly as requested or required due to time constraints, before 6uul or
after 6pm, holidays)
Add 20~ Lo regu lnr hourly rale.
Reiiubursables: (for any required paper copies of repo1t, comments, plan mark ups)
Hilled at cost with invoice provided.
lnvoicc..11:
Shull be submitted either at the completion of each project review, or at the end of the
month.
\.IC. NO. l:.l '.H;
EXHIBIT A