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HomeMy WebLinkAbout30186Mark Herrold 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AGREEMENT THIS AGREEMENT is dated _________, 2017, and is between the County of Fresno, a political subdivision of the State of California , on behalf of County Service Area No. 1 ("COUNTY"), and Mark Herrold, Sole Proprietor, P.O. Box 334, Shaver Lake Ca 93664 ("CONTRACTOR"). RECITALS WHEREAS, the COUNTY wishes to contract for snow removal services on roads in County Service Area No. 1, as shown on the map attached to this agreement as exhibit A (“Service Area”); and WHEREAS, the COUNTY has issued a request for quotation for snow removal service in the Service Area, and WHEREAS, the CONTRACTOR is willing and able, and submitted the low bid to provide snow removal services for the Service Area. The parties therefore agree as follows: I. CONTRACTING OF CONTRACTOR: A. The COUNTY hereby contracts with the CONTRACTOR as an independent contractor to provide services under this agreement. B. Subject to section 15 of this agreement, the CONTRACTOR may retain subcontractors as CONTRACTOR requires to assist in providing services under this agreement. Compensation to be paid by the COUNTY to CONTRACTOR under this agreement will not be increased if CONTRACTOR retains any subcontractors. The COUNTY has no obligation to compensate any subcontractors retained by CONTRACTOR to assist in providing services under this agreement. C. The CONTRACTOR shall provide all services under this agreement as expeditiously as is consistent with the professional skill and the orderly progress of the work. The contact person for the CONTRACTOR shall be: Name: Mark Herrold Phone: (559)893-3258 FAX: (559) E-mail: herrold7300ft@live.com Mark Herrold 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 2. CONTRACTOR OBLIGATIONS: The CONTRACTOR shall have the following SCOPE OF WORK / DUTIES AND RESPONSIBILITIES : CONTRACTOR shall provide snow removal services in the Service Area. Snow removal at all times shall be done in a manner to preserve and protect the roads to the extent necessary to insure safe and efficient transportation. The work shall be performed in a professional, workmanlike manner, and CONTRACTOR shall use those methods and equipment consistent with the best practices of the snow removal trade. Snow removal services are divided into two periods: The “November through April Snow Removal Period ” begins at 12:00 AM on November 1, and lasts t hrough 12:00 PM on the following April 30. The “Out-of- Season Snow Removal Period” is begins at 12:00 PM on April 30 and last through 12:00 AM on the following November 1 . The CONTRACTOR’s responsibilities and duties are detailed below. A. The CONTRACTOR’s responsibilities and duties for the November through April Snow Removal Period are as follows. 1. Before November 1, the CONTRACTOR shall: a. Provide COUNTY staff with current certificates of insurance for all categories of required coverage. b. Conduct an inspection of the roadways in the Service Area, while accompanied by the COUNTY Representative (as defined below), and one or more Citizens Advisory Council members for the relevant zone of County Service Area No. 35 within the Service Area, to accomplish all of the following: (i) Document in writing and in digital photographs the location and extent of any previous damage to roadway pavement, curbs, gutters, driveway approaches, drainage and sewer collection facilities. The documentation shall be transmitted to the COUNTY Representative promptly and will be retained by the COUNTY as a benchmark for evaluating future damage. (ii) Determine where snow poles are needed to be placed. The CONTRACTOR shall give p articular attention to areas suscepti ble to damage during the performance of snow removal services, such as curves in the Mark Herrold 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 roadway or cul-de-sacs. The CONTRACTOR can obtain snow poles from the COUNTY’s Special Districts staff by written request (which may include by email). Snow poles should be placed close to roadside curbing and close enough to each other to guide the snow removal equipment operator away from causing damage to curbs and other obstacles. c. Contact the Permit Engineer in the Road Maintenance and Operations Division of the COUNTY Department of Public Works and Planning and obtain an encroachment permit for snow removal for all eligible roadways. CONTRACTOR is solely responsible to pay encroachment permit fees. If CONTRACTOR fails to obtain encroachment permits COUNTY may terminate this agreement. 2. During the November through April Snow Removal Period , the CONTRACTOR shall: a. Have all necessary equipment in working and well - maintained condition, have all necessary materials (such as sand) on hand, and have all necessary labor available 24 hours a day, seven days a week , to perform snow removal services in the Service Area. b. Perform snow removal operations in the Service Area such that snow does not accumulate to more than three (3) inches in any one place including during storms. The CONTRACTOR must commit the necessary equipment and manpower to reach the above referenced standard, no matter what other snow removal commitments it has, and no matter the length of roadways or the amount of snow. The COUNTY Representative may a llow CONTRACTOR to deviate from the above referenced standard in extreme or abnormal situations. c. Clear the roadways of snow in the Service Area (i) so that two (2) traffic lanes are open at all times, or (ii) if a roadway is not wide enough for two traffic lanes, to within two (2) feet of curbs or edge of roadway pavement. For example, at the top of Cordwood Lane, the lack of adequate snow storage area due to overgrown trees at curb’s edge might reduce the snow clearance width to slightly less than two traf fic lanes in an average or above average snow season. Mark Herrold 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 d. Make every reasonable effort to avoid piling or pushing snow up on driveway approaches or access ways. e. To limit potholing and rutting of the roads, r emove snow that accumulates and packs during a storm as soon as weather conditions permit, even if the accumulation is less than three inches . Provided, however, that where the road surface has tree roots erupting, the CONTRACTOR may leave a small accumulation of snow, if snow removal would further damage t he road surface. Such areas include the intersection of Flintridge and Cordwood at the lower end near Tamarack Lodge and the corner. f. Maintain and keep clear of snow all over -board drains provided on the subject roadways. g. Remove snow from fire hydrants in o rder to keep them all accessible and maintainable. h. Apply sand to road areas that are slippery or subject to icing or at the request of the COUNTY Representative. i. Be responsible, and indemnify the COUNTY, for all damages to public and private property resul ting from snow removal and ancillary services. If the CONTRACTOR damages COUNTY -owned property or property that the COUNTY is responsible for maintaining, the COUNTY Representative shall determine, and notify the CONTRACTOR in writing, whether the CONTRACTOR is directly responsible to repair the damages or shall pay the COUNTY for the actual cost of repair within 15 days after written notice . j. Without additional compensation, remove snow or ice that accumulated because CONTRACTOR failed to ensure that snow did not accumulate. The COUNTY is not responsible for any damage or injury to equipment or persons resulting from the removal of accumulated snow or ice. k. Respond in writing to the COUNTY Representative about complaints made by residents in the Service Area. l. Replace all snow poles damaged or removed during the season. Mark Herrold 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 3. After the November through April Snow Removal Period , the CONTRACTOR shall: a. Provide street sweepings on all roadways in the Service Area that received by snow removal services , preferably before the Memorial Day weekend, unless prohibited by unseasonable snows. The purpose of street sweeping is to remove excess sand and debris and whatever has been deposited in roadways due to snow removal. The CONTRACTOR may sweep and clean the roads manuall y to reduce damage to the pavement. b. Repair all surfaces, curbs, bent snow poles and signs , and other facilities that were damaged by snow removal. The COUNTY Representative may withhold payment under this agreement until repairs are made. B. For the Out-of-Season Snow Removal Period: If snowstorm episodes occur during the Out-of-Season Snow Removal Period, the COUNTY Representative may give verbal authorization to the CONTRACTOR to remove snow from an area within the Service Area . The COUNTY Representative may determine the level of service, type of equipment, and manpower levels that may or may not match the level of service provided in the November through April Snow Removal Period. Unless there are extraordinary conditions that imminently jeopardize the health and safety of residents, or will result in damage to vital equipment or property , the CONTRACTOR shall not provide snow removal services until the C OUNTY Representative provides verbal authorization. If extraordinary conditions occur, the CONTRACTOR shall inform the COUNTY Representative in writing of the reason for initiating snow removal without verbal authorization . C. If there are complaints of insufficient services by the CONTRACTOR, t he COUNTY Representative will ask complainants to provide digital photo images with time stamps. If the COUNTY Representative receives a first complaint of insufficient service, the CONTRACTOR shall investigate and provide a written response to the COUNTY regarding the circumstances. D. If the COUNTY Representat ive receives a second complaint about the same insufficient service, or about similar insufficient service after a later snow storm Mark Herrold 6 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 and is not satisfied with the written explanation provided by the CONTRACTOR, the COUNTY Representative may request a meetin g with the CONTRACTOR to discuss any improvements in operation the CONTRACTOR can provide. E. If the COUNTY Representative receives a third complaint about the same insufficient service, or about similar insufficient service after a later snow storm and is not satisfied with the CONTRACTOR’s written response, the COUNTY Representative may assess liquidated damages of up to ten percent (10%) of the monthly’s compensation. Further complaints about the same insufficient service, or about similar insufficient service, are cause for the COUNTY to terminate this agreement. 3. COUNTY’s OBLIGATIONS: A. COUNTY shall compensate the CONTRACTOR as provided in this agreement. B. The COUNTY Representative is the COUNTY Director of Public Works and Planning or his or her designee. The CONTRACTOR shall communicate and coordinate with the COUNTY Representative, who will provide the following services: 1. Examine documents and written notices submitted to the COUNTY by the CONTRACTOR and timely render decisions as needed; and 2. Provide communication between the CONTRACTOR and COUNTY officials and staff. C. COUNTY Representative shall consider all matters submitted by the CONTRACTOR for approval in a manner reasonably calculated to avoid substantial delays in the CONTRACTOR’s provision of services under this agreement. 4. COMPENSATION: A. For the November Through April Snow Removal Period , the COUNTY shall pay and the CONTRACTOR shall receive as compensation for services under this contract, $32,500 for CSA 1 Internal Roads, to be paid in five monthly installments of $6,500 each, and $2,500 for CSA 1 Access way to Wastewater Treatment Plant 12 feet wide by 100 feet long, to be paid in five monthly installments of $500 each. Monthly installments are paid in November, December, January, F ebruary, and March. Mark Herrold 7 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 B. For the Out-of-Season Snow Removal Period , the COUNTY shall pay and the CONTRACTOR shall receive as compensation for services under this agreement payment at the rate of $200 per hour . To be paid, the CONTRACTOR shall submit in writing the hours engaged in Out -of-Season snow removal when a minimum of three inches has accumulated on the subject roadway. No allowance will be made for travel time to and from the service area. C. Except as provided in paragraph D below, regarding in flation adjustments, the compensation paid to the CONTRACTOR shall not exceed $42,000. D. CPI ADJUSTMENT: For each of the two additional one year extensions past the two year term, the price quote(s) will be adjusted based on the Consumer Price Index (CPI ) All Urban Consumers for San Francisco -Oakland-San Jose, CA, Standard Metropolitan Statistical Area published by the United States Department of Labor, Bureau of Labor Statistics or any successor index. The CPI information will be taken from the U.S. Department of Labor’s website: http://www.bls.gov/cpi/. The price quote(s) for an average year for the November through April snow removal period and rate(s) per hour for Out-of-Season snow removal shall be adjusted as follows. 1. In the fourth year of the service Agreement, if both the COUNTY Representative and CONTRACTOR agree to extend the Agreement by one year, the CPI value for April 201 7 will be subtracted from the CPI value for April 20 20 and the difference divided into the April 201 7 value to determine the percentage change in the CPI from April 2017 to April 2020. The percentage change will be calculated to a tenth of one percent. If the COUNTY Representative and the CONTRACTOR agree to extend the Agreement in the fourth year, all compensation amounts will be adjusted up by the percentage change from April 2017 to April 2020 not to exceed nine percent (9%). 2. In the f ifth year of the service Agreement, if both the COUNTY Representative and CONTRACTOR agree to extend the Agreement by one year, the CPI value for April 20 20 will be subtracted from the CPI value for April 20 21 and the difference divided into the April 20 20 value to determine the percentage change in the Mark Herrold 8 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 CPI from April 2020 to April 2021. If the COUNTY Representative and the CONTRACTOR agree to extend the Agreement in the fifth year, all compensation amounts will be adjusted up by the p ercentage change not to exceed three percent (3%). 3. If the percentage change is zero or negative, the respective quotations and hourly rates shal l remain the same in either or both of the third or the fourth year of the Agreement. 5. INVOICING: CONTRACTOR shall send invoices required under this agreement to: Fresno County Department of Public Works and Planning Resources Division, Special Districts Section 2220 Tulare Street, Sixth Floor Fresno, CA 93721-2106 6. PAYMENT: Upon receipt of a proper invoice, the COUNTY will take a maximum of forty-five (45) working days to review, approve, and issue payment through the COUNTY Auditor- Controller/Treasurer-Tax Collector. Unsatisfactory or inaccurate invoices may be returned to the CONTRACTOR for correction and resubmittal. 7. TERM AND EXTENSION: This agreement is effective when signed and terminates on October 31, 2020, provided however that this agreement may be extended for no more than two one-year periods after October 31, 2020, by the COUNTY Representative. To exercise each one- year extension, the COUNTY Representative will notify the CONTRACTOR of the extension by written letter before June 30, 2020, for the first extension and before June 30, 2021, for the second extension. 8. DEFAULT: In case of default by CONTRACTOR, the COUNTY may procure snow removal services from another source and may recover the loss occasioned thereby from any unpaid balance due the CONTRACTOR or by any other legal means available to the COUNTY. /// Mark Herrold 9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 9. TERMINATION: A. Non-Allocation of Funds - The terms of this agreement, and the services to be provided thereunder, are contingent on the approval of funds by the C OUNTY. Should sufficient funds not be allocated, the services provided may be modified, or this agreement terminated, at any time by giving the CONTRACTOR thirty (30) days advance written notice. B. Breach of Contract - The COUNTY may immediately suspend or terminate this agreement in whole or in part, where in the determination of the COUNTY there is: 1) An illegal or improper use of funds; 2) A failure to comply with any term of this agreement; 3) A substantially incorrect or incomplete report submitted to the COUNTY; 4) Improperly performed service. In no event shall any payment by the COUNTY constitute a waiver by the COUNTY of any breach of this agreement or any default, which may then exist on the part of the CONTRACTOR. Neither shall such payment impair or prejudice any remedy available to the COUNTY with respect to the breach or default. The COUNTY shall have the right to demand of the CONTRACTOR the repayment to the COUNTY of any funds disbursed to the CONTRACTOR under this agreement, which in the judgment of the COUNTY were not expended in accordance with the terms of this agreement. The CONTRACTOR shall promptly refund any such funds upon demand. C. Without Cause - Under circumstances other than those set forth above, this agreement may be terminated by either party upon the giving of ninety (90) days advance written notice of an intention to terminate to other party. In the event of such termination, the CONTRACTOR shall be paid for satisfactory services or supplies provided to the date of termination. 10. LAWS AND REGULATIONS: The CONTRACTOR shall comply with all laws, rules and regulations whether they are Federal, State or municipal, which may be applicable to CONTRACTOR's business, equipment and personnel engaged in service covered by this Agreement. Mark Herrold 10 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 11. AUDITS AND INSPECTIONS: A. The CONTRACTOR shall at any time during business hours, and as often as the COUNTY may deem necessary, make available to the COUNTY for examination all of its records and data with respect to the matters covered by this Agreement. The CONTRACTOR shall, upon request by the COUNTY, permit the COUNTY to audit and inspect all of such records and data necessary to ensure CONTRACTOR's compliance with the terms of this Agreement. B. If this Agreement exceeds ten thousand dollars ($10,000.00), CONTRACTOR shall be subject to the examination and audit of the Auditor General for a period of three (3) years after final payment under contract (Government Code Section 8546.7). 12. HOLD HARMLESS: CONTRACTOR agrees to indemnify, save, hold harmless, and at COUNTY'S request, defend the COUNTY, its officers, agents, and employees from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to COUNTY in connection with the performance, or failure to perfo rm, by CONTRACTOR, its officers, agents, or employees under this agreement, and from any and all costs and expenses, damages, liabilities, claims, and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the performance, or failure to perform, of CONTRACTOR, its officers, agents, or employees under this agreement. 13. INSURANCE: Without limiting the COUNTY's right to obtain indemnification from CONTRACTOR or any third parties, CONTRACTOR, at its sole expense, shall maintain in full force and effect the following insurance policies throughout the term of this agreement: Commercial General Liability: Commercial General Liability Insurance with limits of not less than One Million and No/100 Dollars ($1,000,000.00) per occurrence and an annual aggregate of Two Million and No/100 Dollars ($2,000,000.00). This policy shall be issued on a per occurrence basis. COUNTY may require specific coverage including completed operations, product liability, contractual liability, Explosion-Collapse- Mark Herrold 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Underground, fire legal liability or any other liability insurance deemed necessary because of the nature of the contract. Automobile Liability: Comprehensive Automobile Liability Insurance with limits for bodily injury of not less than Two Hundred Fifty Thousand Dollars and No/100 Dollars ($250,000.00) per person, Five Hundred Thousand and No/100 Dollars ($500,000.00) per accident and for property damages of not less than Fifty Thousand and No/100 Dollars ($50,000.00), or such coverage with a combined single limit of Five Hundred Thousand and No/100 Dollars ($500,000.00). Coverage should include owned and non-owned vehicles used in connection with this Agreement. Worker's Compensation: A policy of Worker's Compensation insurance as may be required by the California Labor Code. CONTRACTOR shall obtain endorsements to the Commercial General Liability insurance naming the COUNTY, its officers, agents, and employees, individually and collectively, as additional insured, but only insofar as the operations under this agreement are concerned. Such coverage for additional insured shall apply as primary insurance and any other insurance, or self-insurance, maintained by COUNTY, its officers, agents and employees shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein. This insurance shall not be cancelled or changed without a minimum of thirty (30) days advance written notice given to COUNTY. Within thirty (30) days from the date CONTRACTOR executes this agreement, CONTRACTOR shall provide certificates of insurance and endorsement as stated above for all of the foregoing policies, as required herein, to the COUNTY Department of Public Works and Planning, Resources Division, Special Districts Section, stating that such insurance coverage have been obtained and are in full force; that the COUNTY, its officers, agents and employees will not be responsible for any premiums on the policies; that such Commercial General Liability insurance names the COUNTY, its officers, agents and employees, individually and collectively, as additional insured, but only insofar as the operations under this agreement are concerned; that such coverage for additional insured shall apply as primary insurance and any other insurance, or self- Mark Herrold 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 insurance, maintained by COUNTY, its officers, agents and employees, shall be excess only and not contributing with insurance provided under CONTRACTOR's policies herein; and that this insurance shall not be cancelled or changed witho ut a minimum of thirty (30) days advance, written notice given to COUNTY. In the event CONTRACTOR fails to keep in effect at all times insurance coverage as herein provided, the COUNTY may, in addition to other remedies it may have, suspend or terminate this agreement upon the occurrence of such event. All policies shall be with admitted insurers licensed to do business in the State of California. Insurance purchased shall be purchased from companies possessing a current A.M. Best, Inc. rating of A FSC VII or better. 14. INDEPENDENT CONTRACTOR: A. In performance of the work, duties and obligations assumed by CONTRACTOR under this agreement, it is mutually understood and agreed that CONTRACTOR, including any and all of CONTRACTOR's officers, agents, and employees will at all times be acting and performing as an independent contractor, and shall act in an independent capacity and not as an officer, agent, servant, employee, joint venturer, partner, or associate of the COUNTY. Furthermore, COUNTY shall ha ve no right to control or supervise or direct the manner or method by which CONTRACTOR shall perform its work and function. However, COUNTY shall retain the right to administer this agreement so as to verify that CONTRACTOR is performing its obligations in accordance with the terms and conditions thereof. CONTRACTOR and COUNTY shall comply with all applicable provisions of law and the rules and regulations, if any, of governmental authorities having jurisdiction over matters the subject thereof. B. Because of its status as an independent contractor, CONTRACTOR shall have absolutely no right to employment rights and benefits available to COUNTY employees. CONTRACTOR shall be solely liable and responsible for providing to, or on behalf of, its employees all legally-required employee benefits. In addition, CONTRACTOR shall be solely responsible and save COUNTY harmless from all matters relating to payment of CONTRACTOR's employees, including compliance with Mark Herrold 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Social Security, withholding, and all other regulat ions governing such matters. It is acknowledged that during the term of this agreement, CONTRACTOR may be providing services to others unrelated to the COUNTY or to this Agreement. 15. NON-ASSIGNMENT: Neither party shall assign, transfer or sub-contract this Agreement nor their rights or duties under this Agreement without the written consent of the other party. 16. AMENDMENTS: Except as provided in section 7, this agreement may be amended only by written agreement signed by both parties. 17. CONTRACTOR'S LEGAL AUTHORITY: Each individual executing this Agreement on behalf of CONTRACTOR, a sole proprietor, hereby covenants, warrants, and represents: (i) that he or she is duly authorized to execute and deliver this Agreement on behalf of such sole propri etor; and (ii) that this Agreement is binding upon such proprietor. 18. NOTICES: The persons and their addresses having authority to give and receive notices under this Agreement include the following: COUNTY CONTRACTOR COUNTY OF FRESNO Special Districts Administrator MARK HERROLD PO Box 334 Department of Public Works and Planning Shaver Lake, CA 93664 2220 Tulare Street, 6th Floor Fresno, CA 93721 All notices between the COUNTY and the CONTRACTOR provided for or permitted under this agreement must be in writing and delivered either by personal service, by first- class United States mail, by an overnight commercial courier service, or by telephonic facsimile transmission. A notice delivered by personal service is effective upon service to the recipient. A notice delivered by first-class United States mail is effective three COUNTY business days after deposit in the United States mail, postage prepaid, addressed to the recipient. A notice delivered by an overnight commercial courier service is effective one COUNTY business day after deposit with the overnight commercial courier service, delivery fees prepaid, with delivery instructions given for next day delivery, Mark Herrold 14 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 addressed to the recipient. A notice delivered by telephonic facsimile is effective when transmission to the recipient is completed (but, if such transmission is completed outside of COUNTY business hours, then such delivery shall be deemed to be effective at the next beginning of a COUNTY business day), provided that the sender maintains a machine record of the completed transmission. For all claims arising out of or related to this agreement, nothing in this section establishes, waives, or modifies any claims presentation requirements or procedures provided by law, including but not limited to the Government Claims Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810). 19. VENUE AND GOVERNING LAWS: This agreement shall be construed, interpreted and enforced under the laws of the State of California. Venue for any action shall only be in County of Fresno. 20. INCONSISTENCIES: In the event of any inconsistency in interpreting the documents which constitute this agreement, the inconsistency shall be resolved by giving precedence in the following order of priority: (1) the text of this agreement, excluding exhibit A; (2) exhibit A to this agreement. 21. SEVERABILITY: If a court of competent jurisdiction finds that any provision of this agreement is invalid, this agreement shall be construed as not containing such provision, and all other provisions which are otherwise lawful shall remain in full force and effect. 22. ENTIRE AGREEMENT: This agreement constitutes the entire agreement between the CONTRACTOR and COUNTY with respect to the subject matter hereof and supersedes all previous agreement negotiations, proposals, commitments, writings, advertisements, publications, and understanding of any nature whatsoever unless expressly included in this agreement. [SIGNATURE PAGE FOLLOWS] .· Mark Herro! 1 IN WITNESS WHEREOF, the parties have executed this agreement on the date 2 set forth above. 3 MARK HERROLD 4 5 6 7 8 9 10 11 12 13· 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 0'~ vl?jf ' BY: /tr_~~----- iVfarHerrold, owner FOR ACCOUNTING USE ONLY . CSA1 CSA 1 ZoneS Subclass: 16000 Subclass: 1601 0 Org. No: 9141 Org. No: 9302 Account: 7220 Account: 7220 Fund 0740 Fund 0740 15 COUNTY OF FRESNO Brian Pacheco, Chairman Board of Supervisors ATTEST: Bernice E. Seidel, Clerk Board of Supervisors By: ~o. --e_, z5 REVIEWED AND R FOR APPROVAL By:. __ -=~~~~~------­ Steven E. White, Director Department of Public Works and Planning APPROVED AS TO LEGAL FORM Daniel C. Cederberg County Counsel By:~ ~-· APPROVED AS TO ACCOUNTING FORM Oscar J. Garcia, CPA Auditor-Controller/ Treasurer-Tax Collector · ÃÅ1 6 8 FLINTRIDGE CORDWOODT O L L H O U S E SUN MOUNTAIN County of Fresno Legend Internal Roads WWTP County Service Area 1S - Ta marack Estates µ0 0.025 0.05 0.075 0.10.0125 Miles Exhibit A Document Path: G:\4360CDS\Kolee\PWP-PROJECTS\REQUESTED PROJECTS\INTERNAL\Staff\Jerod Weeks\Tamarack Estates\CSA_1 Tamarack Estates.mxd Pub lic Works an d Pla nning Wastewater Treatmen t Plant Driveway from Flin tridg e Drive to Plantis ap proximate ly 10 0 feet long CSA 1 S - Tama ra ck Estates Public Works and PlanningResources, Special Districts Elevation: 735 0 FeetCSA 1 S Road way Le ngth (Approximate) .70 Mile sClearing of acce ss way to Waste wate r Treatment Plant will h ave sep arate qu otation