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INSURANCE ON FILE N WORK NIAY PROCEED aw UNTIL INSURANCE EXPIRES IV- la'a- a� N CLERK OF COUNCIL W DATE: Cl) A-2021-147 0�. q W 111(Gvt9 ttoanaFi� DESIGN -BUILD AGREEMENT FOR CNG STATION THJIS DESIGN -BUILD AGREEMENT is made and entered into this 17th day of August 2021 by and between TruStar Energy, LLC. ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (`City"). RECITALS A. The City desires to retain a contractor having special skill and knowledge to design and build a new CNG station. B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City invited proposals for the Project. Following evaluation by the City of all the proposals that were submitted, Contractor was selected to complete the Project. C. Contractor represents that Contractor is able and willing to provide such services to the City. D. The Project will be designed and constructed in a two-phase approach. At this time, the City has funding to complete Phase l that will allow TruStar to design the project. Once funding is secured, the City will move forward with Phase 2, which includes the equipment procurement, installation of said equipment and construction of the project. E. In undertaking the performance of this Agreement, Contractor represents that it is knowledgeable in its field and that any services performed by Contractor 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 the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: SCOPE OF SERVICES Contractor shall perform design and construction services as set forth in Exhibit A to this Agreement. Contractor shall perform all services in compliance with applicable laws, statutes, ordinances, codes, rules, and regulations. 2. COMPENSATION City agrees to pay, and Contractor agrees to accept as total payment for its services for City, the rates and charges identified in Exhibit A. The total amount to be expended under this Agreement shall not exceed $2,122,232 during the term of this Agreement, including any extension periods exercised under Section 3. This sum shall be comprised of $104,340 for the Design, Engineering & Permits (Phase I), $933,917 for equipment procurement, which includes