OPAL FUELS STATION SERVICES, LLC (FROMERLY TRUSTAR ENERGY, LLC) (3)

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INSURANCE ON FILE WORK MAY PROCEED UNTIL INSURANCE EXPIRES Cf A < CLERK OF COUNCIL DATE: A-2022-245 o THIS AMENDED AND RESTATED MAINTENANCE N AGREEMENT FOR CNG STATION WITH OPAL FUELS STATION SERVICES 0 — THIS AMENDED AND RESTATED MAINTENANCE AGREEMENT Cie_ ("Agreement') is entered into this 20" day of December 2022, by and between OPAL, Fuels Station Services LLC (Formerly TruStar Energy, LLC) ("Contractor"), and the City of Santa Ana, a charter city and municipal corporation duly organized and existing under the Constitution and laws of the State of California ("City'. Pw A Te< l i go, Z �- (5M)1 RECITALS A. The City desires to retain a contractor having special skill and knowledge to design, build and maintain a new CNG station to be located at 21.5 South Center St, Santa Ana, CA 92703 ("Project"). 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 ofall the proposals that were submitted, Contractor was selected to complete the Project. C. On March 2, 2021, the City entered into a Contractor Agreement (Maintenance) with TruStar Energy, LLC to provide operation and maintenance services for a turnkey CNG station (the "Original Maintenance Agreement'). D. On August 17, 2021, the City entered into Agreement 4A-2021-147 ("Original Design -Build Agreement") with TruStar Energy, LLC to provide Design, Engineering, Equipment, Construction and Commissioning for a turnkey CNG Station. E. In 2022, TruStar Energy, LLC changed its name to OPAL Fuels Station Services LLC. F. Pursuant to the Original Design -Build Agreement, the Project was to be designed and constructed in a two-phase approach given that the City had only secured funding for design (Phase 1), but had not secured funding for construction (Phase 2), which includes the equipment procurement, installation of said equipment and construction of the project. G. The term of the Original Maintenance Agreement was to commence upon completion of activities under the Original Design -Build Agreement. H. The City has secured full funding for the both phases of the Project, which will allow greater flexibility in design by including a public serving station (industry standard), better meet the needs of the City's fleet, and reduce long-term fuel costs to the City. I. Accordingly, City and Contractor have concluded an Amended and Restated Design -Build Agreement for CNG Station, of even date herewith (the "Amended and Restated Design -Build Agreement") Page 1 of 10