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Home My WebLink AboutCity Council Resolution 41 RESOLUTION NO. _ ESOLUTION CRE&TING DEPART}Ei~[E OF PUBi,IC 'WORKS, &PPOiNTING DIRETOR THEREOF, .AND AUTHORI:ZII~{G EZdZCUTION OF AGREEPXi~'~T The City Council of the City of Sarato~'la hereby resolves as fol].ows: There is hereby created a Department of Public Works of the City of Saratoga. Said department shall be under the suL~ervision and control of a director to b.e a licensed Civil Engineer appointed by the City Council, and the duties of said director and method of compensation shell be as set forth by contract with the City of Saratoga. Leonard Bushnell a licensed Civil Engineer~ is hereby appointed Director of Public Works of the City of for the term and con!~ensation and to perform the duties as such director as set forth in the proposed contract attached hereto and incorporated hereln by reference. The duties and responsibilities of the Director of Public Works of the City of Saratoga shall be such duties and responsibilities as set forth in the aforesaid contract. The City of 'Saratoga by and through its Mayor is hereby authorized and directed to enter the consummation of said agreement. The foregoing Resolution was duly and regularly introduced and passed by the Council of the City of Saratoga at a regular meeting held the 19th day of March, 1958, b3; the following; vote: Brazil, Jepsen, Longwill., Williams NOES: None J~BSENT: Rosasco T.~.YOR &TTE~.~: - THIS AGREEENT made and .entered into this ~.~day of ~, 1958, by and between the CITY OF SAP~tTOGA, a Municipal corporation, hereinafter called "City", and LEONARD BUSHI~ELL~ consulting Civil Engineer, hereinafter called "Engineer"~ WITNESSETH: ~.~REAS~ City is desirous of contracting with Engineer for the engineering and supervising services of a Director of Public Works as hereinafter and Engineer has submitted a proposal thereof acceptable to City, t;lOI~',~ THEREFORE, IT IS MUTU.Ai,LY AGP~EED AS 1. Engineer shall perform the duties of and assume the responsibilities of Director of Public ~Vorks of the City of Saratoga, the scope of which shall inc].ude the usual professional engineering .' .. . x~ s ~' ' ision engineer- : i r e r the C o~mty of Santa Clara ruder contract, and which duties and responsibilities of said Directer of Public Works are hereinafter more particularly set forth in Section 2 hereof, and City shall compensate Engineer therefor as set forth in Section ~ hereof. 2. The duties ~d responsibilities of the Director of Public Works, herein agreed to be perfomed by Engineer, are as foll ow~,: ;~ :. (&..~.). (BASIC ETAI~R) (a) To attend a ma~mu of two City Co~cil meetin~s ~r month. (b) To attend a maximum of two City Planning Commiss- ion meetings per month. (c) To spend a ~nimum of four hours per day~ two days ~r week, at the Saratoga city offices performing the usual engineering services in relation ~ public works. The specific hours and days sha3fi. be as designated by the City ~dmini s t rat or. ~l- (d) T.o plan administer and supervise a comprehen- sive public works maintenance program for City. (e) To coordinate and assist, and to supervise to such extent as Engineer deems necessary, the inspection and review procedure of subdivisions within City by the Santa Clara County Planning, Engineering and Health Departments. (B . ) (HOURLY) (a) To attend such City Council and Planning Com- mission meetings and conferences in addition to the above as directed by the City &~mi~rl.ist:cstor. (b) To perform such additional engineering services~ office and field, as are not hereafter' covered in Part (8~ hereof~ on prior direction of the . City f!i. dministrator. (C . ) (SPECIFIC PROJECTS) ('a] To compile such construction estimates~ prepare such desig:ns, plans~ specifications and bids~ and do such supervision and/or inspection of construction of public works projects as directed by the City Council. (b) To ~o such surveying drafting and related special studies as directed by the City Council or the City .Administrator. 3. E~r all services enumerated in 2 (~) above~ City shall. pay Engineer a retainer of $220.00 per mo~lth. For all services enumelcated in 2 (B) above~ City shall pay Engineer at the rate of $6.50 per hour. For specific projects services of Section 2 (C) above~ City shall pay Engineer reasonable fees therefor, not to exceed the ~.S.C.E.. standard schedule of fees for studies and design, and not to exceed the A.Co'.E.L.S.C.O. schedule for surveying and drafting. Excluding ~::~raveI time to and from City offices, Engineer in addition to the above shall be reimbursed for all-vehicle travel expenses incurred in performing his above duties~ at the rate of 10¢ per mile. 4. Engineer sha].l submit a monthly statement to City covering a].t fees earned and expenses incurred during the preceding son%h~ exclusive of the projects covering in excess of one month. State- ments covering projects covering in excess of one month shall be rendered at such time or times as agreed between Engineer and the -2- City .Administrator. All statements shall be approved by the City .Administrator prior to payment. Prior to conmencing a special project Engineer shall submit a written estimate of its total cost to the City Administrator and shall thereafter keep said Adminis- trator informed and advised from time to time as to any expected deviations or departures from said estimate. 5. .All professional services to be rendered hereunder by Engineer shall be performed by him personalIF and not by or through any agent, servant or employee of Engineer. During the term of this agreement or any extensions thereof~ Engineer shall not render any professional engineering services to any private person, firm or corporation within the City of iratoga. During the term of this agreement or any extensions thereof, Engineer shall not render any professional engineering services to shy public body or local agency ~hether within or without City which in any way would conflict with the interests of the City of Saratoga~ ~ithout priorly obtaining consent of the City Council to so do. Engineer shall keep on file with the City Administrator a list of all public bodies and local agencies exclusive of City for whom he also per- forms professional services during', the term of this agreement or any extensions thereof. 6. This agreement shall become operative and effective March 17, 1958~ and it shall remain in full force and effect to and including March 16~ 19~9, and nay thereafter be extended from year to year by mutual agreement. Anything to the cootrary in the above notwithstanding~ this agreement may be canceled by either party at any time upon giving thirty days prior written notice to the other of his or its intention to so cancel, either delivered personally or by mail to the parties' respective addresses as follows ~ Leonard Bushnell ~.~ City of Saratoga P. 0. Box 337 ~ T^.- ~ California Saratoga~ California IN WITESS WEEOF, the parties hereto have executed this in duplicate the 19th day of March, 1958. CiTY OF SARATOG& B MAY "City" '~ Eng in e er" MAR 16 1959 CITY �!EF tt'S OFFICE CARATOGA, CALIF. THIS AGREEMENT OF EXTENSION made and entered into this 18th day of March , 1959, by and between the CITY OF SARATOGA, a Municipal corporation, hereinafter called "City", and LEONARD BUSHNELL, a Consulting Engineer, hereinafter called "Engineer": That certain Director of Public Works agreement by and between City and Engineer dated the 19th day of March, 1958, pursuant to Paragraph 6 thereof, is hereby extended to the year commencing March 17, 1959, and ending March 16, 1960. All of the terms, covenants, conditions and provisions of said agreement shall remain in full force and effect for said extended year. Dated this 18th day of March , 1959. CITY OF SARATOGA,,%a nicipal corporation 6-7 "a/4(.4r- By City eondrd Bushnell Engineer