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Santa Ana Zoo — 2021 Accessibility Improvements — Revised November 3, 2021 Page 3 TERMS OF AGREEMENT Fee Schedule 1. Concept Plan Phase - Areas 1, 2, 5 and 7..........................$13,160.00 2. Concept Plan Phase - Areas 3, 4 and 6................................ $8,460.00 3. Cost Estimate.......................................................................$2,500.00 Total.................................................................................. $24,120.00 General Terms of Agreement Neither party shall hold the other responsible for damages or delay in performance caused by acts of God, abnormal or extreme natural events, strikes, lockouts, accidents, or other events beyond the other's control. In the event any provisions of this agreement shall be held to be invalid and unenforceable, the remaining provisions shall be valid and binding upon the parties hereto. Specifically omitted from the agreement are all design and construction review services relating to the contractor's safety precautions or to means, methods, techniques, sequences, or procedures required for the contractor to perform his work but not relating to the final or completed structure, omitted services include but are not limited to shoring, scaffolding, underpinning, temporary retaining of excavations and any erection methods and bracing. This instrument contains the entire agreement between the Client and Deneen Powell Atelier, Inc. (DPA) respecting the matters herein covered, and any duties of either party hereto in relations thereto not expressly set forth in this instrument is null and void. DPA makes no representation concerning the cost figures made in connection with plans, specifications, or drawings other than that all cost figures are estimates only and the Landscape Architect shall not be responsible for fluctuations or deviations in cost factors. In the event that litigation is instituted under the terms and conditions of this agreement, the same is to be brought and tried in the judicial jurisdiction of the court of the county in which DPA's principal place of business is located. The client waives the right to have the suit brought, or tried in, or removed to any other county or judicial jurisdiction. Plan Processing and City Meetings Processing of plans through and meetings with City of Santa Ana or other governmental approvals is not included in this proposal. Processing and additional meetings can be provided at your request, at our standard office hourly rates. Principal $120.00 per hour Project Landscape Architect / Designer $100.00 per hour Irrigation Designer $100.00 per hour Clerical $60.00 per hour