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i0:V:u:3ifi <br />DESIGN -BUILD AGREEMENT FOR CNG STATION <br />THIS DESIGN -BUILD AGREEMENT is made and entered into this 171h day of August <br />2021 by and between TruStar Energy, LLC. ("Contractor"), and the City of Santa Ana, a <br />charter city and municipal corporation organized and existing under the Constitution and laws of <br />the State of California ("City"). <br />RECITALS <br />A. The City desires to retain a contractor having special skill and knowledge to design <br />and build a new CNG station. <br />B. For this purpose, the City issued Request for Proposal No. 20-095, by which the City <br />invited proposals for the Project. Following evaluation by the City of all the proposals <br />that were submitted, Contractor was selected to complete the Project. <br />C. Contractor represents that Contractor is able and willing to provide such services to <br />the City. <br />D. The Project will be designed and constructed in a two-phase approach. At this time, <br />the City has funding to complete Phase 1 that will allow TruStar to design the project. <br />Once funding is secured, the City will move forward with Phase 2, which includes the <br />equipment procurement, installation of said equipment and construction of the <br />project. <br />E. In undertaking the performance of this Agreement, Contractor represents that it is <br />knowledgeable in its field and that any services performed by Contractor under this <br />Agreement will be performed in compliance with such standards as may reasonably <br />be expected from a professional consulting firm in the field. <br />NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the <br />terms and conditions hereinafter set forth, the parties agree as follows: <br />1. SCOPE OF SERVICES <br />Contractor shall perform design and construction services as set forth in Exhibit A to this <br />Agreement. Contractor shall perform all services in compliance with applicable laws, statutes, <br />ordinances, codes, rules, and regulations. <br />2. COMPENSATION <br />City agrees to pay, and Contractor agrees to accept as total payment for its services for <br />City, the rates and charges identified in Exhibit A. The total amount to be expended under this <br />Agreement shall not exceed $2,122,232 during the term of this Agreement, including any <br />extension periods exercised under Section 3. This sum shall be comprised of $104,340 for the <br />Design, Engineering & Permits (Phase I), $933,917 for equipment procurement, which includes <br />