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16. Approve Appropriation Adjustment and Amend Agreements with OPAL Fuels Station Services, LLC. for the Design, Construction and Maintenance of a Renewable Natural Gas Fueling Station (Non -General Fund) Department(s): Public Works Agency Recommended Action: 1. Approve an appropriation adjustment recognizing fund balance of $1,138,300 in the Air Quality Improvement Fund (AB 2766), Prior Year Carryforward revenue account, and appropriating the same amount into the Air Quality Improvement (AB2766) and Fleet Services - Air Quality Improvement expenditure account. (Requires five affirmative votes) 2. Authorize the City Manager to execute an amendment to the Design and Build Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC.) to provide services for Phase I —Design and Phase II —Equipment Procurement and Construction of a new compressed natural gas (CNG) fueling station at the City Corporate Yard, in amount not to exceed $4,972,151, for an amended term to begin December 20, 2022, and expire upon City's acceptance of project, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-243). 3. Authorize the City Manager to execute an amendment to the Service Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) to provide services to maintain the CNG fueling station at the City Corporate Yard, in an amount not to exceed $595,129, for a five-year term to begin upon City's acceptance of project, with one five-year renewal option, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-244). 4. Authorize the City Manager to execute an amendment to the Environmental Attribute Agreement with OPAL Fuels Station Services, LLC. (formerly TruStar Energy, LLC) for a term beginning January 1, 2023 and expiring September 30, 2032, with provisions for annual renewals, subject to non -substantive changes approved by the City Manager and City Attorney (Agreement No. 2022-245). 17. Award a Construction Contract to EverLevel Holdings, LLC. in the Amount of $4,482,892 for the First Street Slope Stabilization FY 2021-22 Project with an Estimated Construction Delivery Cost of $5,600,000 (Project No. 22-1341) (Non -General Fund) (Revive Santa Ana Program) Department(s): Public Works Agency Recommended Action: 1 . Reject all bids received on February 15, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the scope of work. 2. Reject all bids received on April 5, 2022, for construction of the First Street Slope Stabilization Project, due to changes in the project specifications. 3. Approve an amendment to the Fiscal Year 2022-23 Capital Improvement Program to include $5,600,000 of American Rescue Plan Act (ARPA) funds for the First Street Slope Stabilization Project (22-1341). CITY COUNCIL 9 December 20, 2022 City Council 7-9 9/19/2023