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N-2020-079 INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES 2AIZa2 , CLERK OF COUNCIL DATE: AGREEMENT WITH STUDIOFOLIA TO PROVIDE 0' Cllut,t�Yakh le dI LANDSCAPE DESIGN AND SERVICES >. THIS AGREEMENT is made and entered into on this 23rd day of March, 2020, by and between N Studiofolia, Inc., a California corporation ("Consultant"), and the City of Santa Ana, a charter city o and municipal corporation organized and existing under the Constitution and laws of the State of N� California ("City"). N O o RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of landscape design and services for the Willits & Sullivan Beautification Project Permanent Display ("Project'). B. Consultant represents that Consultant is able and willing to provide such services to the City. C. [n undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of die mutual and respective promises, and subject to the ternis and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES Consultant shall perform during the term of this Agreement, the tasks and obligations including all labor, materials, tools, equipment, and incidental customary work required to fully and adequately complete the services for the Project described and set forth in the Fee Proposal for Landscape Work, attached herewith as Exhibit A and incorporated herein by reference. 2. COMPENSATION a. City agrees to pay, and Consultant agrees to accept as total payment for its services, the rates and charges identified in Exhibit A. The total sum to be expended under this Agreement by the City to Consultant shall not exceed $22,450.00 for landscape design and services. A contingency amount of $2,365.00 shall be included, as well as $5,000.00 for irrigation repairs, as needed, for a total not to exceed amount of $29,815.00 during the term of this Agreement. Subject to proper invoicing from Consultant confining all expenditures from the Project, subject to City accounting procedures, payments shall be made from City to Consultant in two (2) installments. The first amount of $11,225.00, half of the total for landscape design and services, shall be issued within forty-five (45) days after final execution of the Agreement. The second payment for $11,225.00, plus any contingency amount or irrigation repairs, as applicable, shall be issued within forty - Page 1 of 9