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1 <br /> <br />THIS AMENDED AND RESTATED DESIGN-BUILD <br />AGREEMENT FOR CNG STATION WITH OPAL FUELS STATION SERVICES <br /> <br /> THIS AMENDED AND RESTATED DESIGN-BUILD AGREEMENT <br />(“Agreement”) is entered into this 20th day of December 2022 (the “Effective Date”), by and between <br />OPAL Fuels Station Services LLC (Formerly TruStar Energy, LLC) (“Contractor”), and the City of <br />Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution <br />and laws of the State of California (“City”). <br /> <br />RECITALS <br /> <br />A. The City desires to retain a contractor having special skill and knowledge to design, build and <br />maintain a new CNG station to be located at 215 South Center St, Santa Ana, CA 92703 <br />(“Pro ject”). <br /> <br />B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City invited <br />proposals for the Project. Following evaluation by the City of all the proposals that were <br />submitted, Contractor was selected to complete the Project. <br /> <br />C. On August 17, 2021, the City entered into Agreement #A-2021-147 (“Original Agreement”) <br />with TruStar Energy, LLC to provide Design, Engineering, Equipment, Construction and <br />Commissioning for a turnkey CNG Station. <br /> <br />D. In 2022, TruStar Energy, LLC changed its name to OPAL Fuels Station Services LLC. <br /> <br />E. Pursuant to the Original Agreement, the Project was to be designed and constructed in a two- <br />phase approach given that the City had only secured funding for design (Phase 1), but had not <br />secured funding for construction (Phase 2), which includes the equipment procurement, <br />installation of said equipment and construction of the project. <br /> <br />F. The City has secured full funding for the both phases of the Project, which will allow greater <br />flexibility in design by including a public serving station (industry standard), better meet the <br />needs of the City’s fleet, and reduce long-term fuel costs to the City. <br /> <br />G. In accordance with the terms and conditions of the Agreement , the parties desire to amend the <br />compensation and scope of work of the Original Agreement , and amend and restate the Original <br />Agreement as provided herein. <br /> <br />NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein <br />contained and for other good and valuable consideration, the receipt and sufficiency of which is <br />hereby acknowledged, the parties hereto agree as follows: <br /> <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to <br />the terms and conditions hereinafter set forth, the part ies agree as follows: <br /> <br />