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HomeMy WebLinkAbout24S160 - Engie Services U.S.CONTRACT ABSTRACT Contract/Amendment Name of Contract: Company Name: Company Contact: Email: Summary of Services: Contract Price: Contract Term: Public Integrity/ Business Disclosure Forms: Contract Administration Lead Department: Contract Administrator/ Ext: Contract Approvals Council/City Manager Approval Date: Agreement Number: Amendment Number: Contract Compliance Exhibits: Insurance: Routed By: Bonds: Business License: Sole Source Co-Op CoOp Agmt #: Sole Source Documents: CoOp Name: CoOp Pricing: By: Submitted on: Contract Abstract Form Rev 8.16.23 Authorized Signers: Name, Email (Corporations require 2 signatures) Program Development Agreement Engie Services U.S. Edward Jakimazak edward.jakimzak@engie.com Perform integrated energy assessment $0 this is a no cost contract On file Sarah Pearce sarah.pearce@engie.com Ashu Jain ; ashu.jain@engie.com Public Works/Facilities David McAbee/Aaron Bergeson N/A 24S160 N/A Yes Yes Yes Department N/A No Special Expertise N/A 07/03/2024 Tabitha Richards Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 ENGIE Services Project #: CN-001413- _ _ _ ENGIE Services Contract # R3646 Rev. Date: 20220214 Page 1 of 10 Program Development Agreement V02/14/22 PROGRAM DEVELOPMENT AGREEMENT This PROGRAM DEVELOPMENT AGREEMENT (this “Agreement”) is made and entered into as of July __, 2024 (the “Effective Date”), between ENGIE Services U.S. Inc. (“ENGIE Services U.S.”), a Delaware corporation with its principal offices at 500 Twelfth Street, Suite 300, Oakland, CA 94607, and City of Palm Springs, a California municipal corporation and charter city located at 3200 E.Tahquitz Canyon Way, Palm Springs, CA 92262 (“City”). City and ENGIE Services U.S. shall be referred to each as a “Party” and collectively as “Parties” in this Agreement. WHEREAS, ENGIE Services U.S. is an energy services and solutions company with the technical and management capabilities and experience to perform an integrated energy assessment (an “Assessment”) and to identify supply-side and/or demand-side energy conservation measures (“ECMs”); WHEREAS, City desires to enter into an agreement to have ENGIE Services U.S. perform an Assessment in accordance with the scope of work set forth in Attachment A (the “Scope of Work”) for the sites listed on Attachment B (the “Sites”), and to deliver a report, described in the Scope of Work, identifying energy improvements and operational changes to be installed or implemented at the Sites (the “Report”); and WHEREAS, the primary purpose of the Assessment and the Report is to provide an engineering and economic basis for the implementation of the ECMs identified in the Report, in furtherance of which the Parties intend to negotiate and execute a contract providing for, among other things, engineering, procurement, installation, construction and training services (an “Energy Services Contract”). NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: 1. ASSESSMENT AND REPORT ENGIE Services U.S. agrees to complete the Assessment and to present the Report to City within One Hundred Eighty (180) calendar days after the date on which ENGIE Services U.S. receives the information listed in Attachment A (the “Required Information”). To the extent not already provided, City agrees to deliver the Required Information to ENGIE Services U.S. no later than thirty (30) calendar days following the Effective Date of this Agreement. City agrees to assist ENGIE Services U.S. in performing the Assessment by: (i) providing ENGIE Services U.S. with access to key decision makers and stakeholders of City to perform the necessary services; (ii) providing ENGIE Services U.S. its employees and agents, such access to the Sites and other relevant facilities of City as ENGIE Services U.S. deems necessary to perform the necessary services; and (iii) providing, or causing City’s energy suppliers to provide, complete and accurate data concerning energy usage and costs related to the Sites and other relevant facilities. ENGIE Services U.S. will be entitled to rely upon the accuracy and completeness of all information provided to ENGIE Services U.S. by City and City’s energy suppliers. ENGIE Services U.S. will promptly provide written notice to City if ENGIE Services U.S. determines there is any incorrect data included in the information provided by City or City’s energy suppliers, but ENGIE Services U.S. will have no obligation to correct or confirm any such information unless otherwise specified in the Scope of Work. Any change(s) in the Scope of Work will be set forth in a writing executed by the Parties. 2. CONSIDERATION / TERM ENGIE Services U.S. will perform the Assessment and prepare the Report. City agrees to review the Report, make determinations, and enter into good faith negotiations of an Energy Services Contract to implement an agreed- upon scope of work. Each of City and ENGIE Services U.S. reserves the right to terminate this Agreement at any time during the course of the Assessment, by delivery of written notice to the other. If ENGIE Services U.S. determines that the projected savings from implementation of the ECMs identified during the Assessment cannot result in a paid-from- savings project which complies with California Government Code Sections 4217.10 through 4217.18, the Assessment and this Agreement will be terminated by ENGIE Services U.S, and all work product completed to date will be turned over to the City. DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Agreement No. 24S160 Rev. Date: 20220214 Page 2 of 10 Program Development Agreement V02/14/22 3. INSURANCE ENGIE Services U.S. will maintain, or cause to be maintained, for the duration of this Agreement, the insurance coverage outlined in (A) through (F) below, and all such other insurance as required by applicable law. Evidence of coverage will be provided to City via an insurance certificate. A. Workers' Compensation/Employers Liability for states in which ENGIE Services U.S. is not a qualified self- insured. Limits as follows: * Workers' Compensation: Statutory * Employers Liability: Bodily Injury by accident $1,000,000 each accident Bodily Injury by disease $1,000,000 each employee Bodily Injury by disease $1,000,000 policy limit B. Commercial General Liability insurance with limits of: * $2,000,000 each occurrence for Bodily Injury and Property Damage * $4,000,000 General Aggregate - other than Products/Completed Operations * $2,000,000 Products/Completed Operations Aggregate * $2,000,000 Personal & Advertising Injury * $ 100,000 Damage to premises rented to ENGIE Services U.S. Coverage to be written on an occurrence form. Coverage to be at least as broad as ISO form CG 0001 (04/13) or its equivalent forms, without endorsements that limit the policy terms with respect to: (1) provisions for severability of interest or (2) explosion, collapse, underground hazard. C. Auto Liability insurance for owned, hired and non-owned vehicles with limits of $1,000,000 per accident. Coverage to be written on an occurrence form. D. Professional Liability insurance with limits of: * $1,000,000 per occurrence * $1,000,000 aggregate Coverage to be written on a claims-made form. E. Umbrella/Excess Liability Insurance. Limits as follows: * $1,000,000 each occurrence * $1,000,000 aggregate Coverage terms and limits to apply excess of the per occurrence and/or aggregate limits provided for Commercial General Liability and Professional Liability written on a claims made form. Coverage terms and limits also to apply in excess of those required for Employers Liability and Auto Liability written on an occurrence form. F. Policy Endorsements. * The insurance provided for Workers Compensation and Employers Liability above will contain waivers of subrogation rights against City, but only to the extent of the indemnity obligations contained in this Agreement. * The insurance provided for Commercial General Liability and Auto Liability above will: (1) include City as an additional insured with respect to Work performed under this Agreement, but only to the extent of the indemnity obligations contained in this Agreement, and (2) provide that the insurance is primary coverage with respect to all insureds, but only to the extent of the indemnity obligations contained in this Agreement. 4. INDEPENDENT CONTRACTOR ENGIE Services U.S., and the agents and employees of ENGIE Services U.S., its subcontractors and/or consultants, are acting in an independent capacity in the performance of this Agreement, and not as public officials, officers, employees, consultants, or agents of City for purposes of conflict of interest laws or any other applicable law. This Agreement may not be construed to represent the creation of an employer/employee or principal/agent relationship. ENGIE Services U.S. will act in an independent capacity and retain sole discretion in the manner and DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 3 of 10 Program Development Agreement V02/14/22 means of carrying out its activities under this Agreement. ENGIE Services U.S. is free to work for other entities while under contract with City. ENGIE Services U.S.’s duties and services under this Agreement shall not include preparing or assisting City with any portion of City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with City. City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. ENGIE Services U.S.’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. 5. ENERGY SERVICES CONTRACT As it is the intent of City and ENGIE Services U.S. to pursue cost effective energy retrofits and ECMs at the Sites pursuant to an Energy Services Contract, both Parties agree to enter into good faith negotiations of an Energy Services Contract immediately following completion of the Assessment. 6. WORK PRODUCT City will not, by virtue of this Agreement, acquire any interest in any formulas, patterns, devices, secret inventions or processes, copyrights, patents, other intellectual or proprietary rights, or similar items of property which are or may be used in connection with the Assessment or the Report. The Report, and all data, proposals, plans, specifications, flow sheets, drawings, and other work product prepared or produced by ENGIE Services U.S. hereunder (“Work Product”) and furnished directly or indirectly, in writing or otherwise, to City under this Agreement will remain ENGIE Services U.S.’ property and will be used only in connection with work performed by ENGIE Services U.S. ENGIE Services U.S. will be deemed the author and owner of such Work Product and will retain all common law, statutory and other reserved rights, including copyrights. Use of the Work Product without the express written permission of ENGIE Services U.S. will be at City’s sole risk and without liability to ENGIE Services U.S. 7. INDEMNIFICATION To the fullest extent permitted by law, ENGIE Services U.S. shall defend, indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of ENGIE Services U.S., its officials, officers, employees, subconsultants or agents in connection with the performance of the ENGIE Services U.S.’s Services, the Project or this Agreement, including without limitation the payment of all damages, reasonable expert witness fees and reasonable attorney’s fees and other related costs and expenses. If ENGIE Services U.S.’s obligation to defend, indemnify, and/or hold harmless arises out of ENGIE Services U.S.’s performance as a “design professional” (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, ENGIE Services U.S.’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of ENGIE Services U.S., and, upon ENGIE Services U.S. obtaining a final adjudication by a court of competent jurisdiction, ENGIE Services U.S.’s liability for such claim, including the cost to defend, shall not exceed ENGIE Services U.S.’s proportionate percentage of fault. 8. LIMITATION OF LIABILITY The liability of a defaulting Party, in connection with this Agreement or any analysis, report, or other deliverables provided hereunder, will be limited to direct, actual damages. Neither Party shall be liable to the other Party for any special, indirect, incidental or consequential damages whatsoever, whether in contract, tort (including negligence) or strict liability, including, but not limited to, operational losses in the performance of business such as lost profits or revenues or any increase in operating expense. In no event will ENGIE Services U.S. be liable to Ctiy for any Losses which collectively exceed One Million Dollars ($1,000,000.00), regardless of whether such amounts arise out of breach of contract, guarantee or warranty, tort, product liability, contribution, strict liability, or any legal theory. 9. NONDISCRIMINATION; COMPLIANCE WITH LAWS ENGIE Services U.S. will comply with all applicable laws, rules, regulations and policies, including, but not limited to, those relating to nondiscrimination, accessibility and civil rights. DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 4 of 10 Program Development Agreement V02/14/22 The Parties acknowledge and agree that ENGIE Services U.S. is not a municipal advisor and cannot give advice to City with respect to municipal securities or municipal financial products absent City being represented by, and relying upon the advice of, an independent registered municipal advisor. ENGIE Services U.S. is not subject to a fiduciary duty with regard to City or the provision of information to City. City will consult with an independent registered municipal advisor about the financing option(s) appropriate for City’s situation. The Parties acknowledge and agree that ENGIE Services U.S. is not a tax advisor and cannot give advice to City with respect to the Inflation Reduction Act and any funds City may be eligible for thereunder. City must consult its own tax and legal advisors with regard thereto. ENGIE Services U.S. cannot guarantee that City will receive funding from any energy efficiency rebate, incentive, and/or loan program(s), including the Inflation Reduction Act (collectively, “Incentive Funds), or any portion thereof; ENGIE Services U.S. expressly disclaims any liability for City’s failure to receive any portion of the Incentive Funds, and City acknowledges and agrees that ENGIE Services U.S. will have no liability for any failure to receive all or any portion of the Incentive Funds. 10. FORCE MAJEURE Neither Party will be considered to be in default in the performance of any material obligation under this Agreement (other than the obligation to make payments) when a failure of performance will be due to an event of Force Majeure. The term “Force Majeure” will mean any cause beyond the control of the affected Party and which by the exercise of due diligence such Party could not reasonably have been expected to avoid and which, despite using commercially reasonable efforts, it has been unable to overcome. Neither Party will be relieved of its obligation to perform if such failure is due to causes arising out of its own negligence or due to removable or remediable causes which it fails to remove or remedy within a reasonable time period. Either Party rendered unable to fulfill any of its obligations under this Agreement by reason of an event of Force Majeure will give prompt written notice of such fact to the other Party. 11. INTEGRATION; AMENDMENT; COUNTERPARTS This Agreement constitutes the entire contract among the Parties relating to the subject matter hereof and supersedes any and all previous agreements and understandings, oral or written, relating to the subject matter hereof. This Agreement may not be amended except by a writing executed by both Parties. No oral amendment shall be enforceable, even if supported by new consideration. Except as otherwise provided herein, the terms and provisions of this Agreement will apply to, be binding upon, and inure to the benefit of the Parties hereto and their respective heirs, legal representatives, successors, and permitted assigns. This Agreement may be executed in counterparts (and by different parties hereto in different counterparts), each of which shall constitute an original, but all of which when taken together shall constitute a single contract. Delivery of an executed counterpart of a signature page of this Agreement by email shall be effective as delivery of a manually executed counterpart of this Agreement. 12. DISPUTE RESOLUTION; APPLICABLE LAW; VENUE; SEVERABILITY If a dispute arises out of or relates to this Agreement, or the transaction contemplated by this Agreement (a “Dispute”), either Party may initiate the dispute resolution process set forth in this Section 11 by giving notice to the other Party. Senior executives for the Parties will meet, within thirty (30) calendar days after notice of the Dispute, in an attempt to resolve the Dispute and any other identified disputes or any unresolved issues that may lead to a dispute. If the senior executives are unable to resolve a Dispute or if a senior management conference is not held within the time provided herein, either Party may submit the Dispute to mediation. If following the submission of the Dispute to mediation, the Parties are unable to reach a resolution, then the Parties shall have the option to resolve the dispute through litigation. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. . If any term of this Agreement is declared by a court to be illegal, invalid or unenforceable, the legality, validity and enforceability of the other terms of this Agreement will not be affected or impaired thereby, and the rights and obligations of the Parties will be enforced as if the illegal, invalid or unenforceable term were revised to the minimum extent necessary to make such term legal, valid and enforceable. DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 5 of 10 Program Development Agreement V02/14/22 13. ASSIGNMENT OR TRANSFER ENGIE Services U.S. shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of the City; provided however, that ENGIE Services U.S. may assign this Agreement with written notice to City to (i) an affiliate under common control, or (ii) as the result of a change in control or ownership. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 14. CITY’S RIGHT TO EMPLOY OTHER CONSULTANTS City reserves right to employ other consultants in connection with this Project. [the Parties’ signatures appear on the following page] DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 6 of 10 Program Development Agreement V02/14/22 IN WITNESS WHEREOF, and intending to be legally bound, the Parties hereto subscribe their names to this Agreement. ENGIE SERVICES U.S.: CITY: ENGIE Services U.S. Inc. City of Palm Springs By: By: Print Name: Print Name: Title:_________________________________________ Title: ______________________________________ DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536 Courtney Jenkins Vice President and General Manager Christina McCormick 7/3/2024 Senior Counsel Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Attest:Approved as to form: 7/11/2024 City Manager Scott Stiles 7/15/2024 Rev. Date: 20220214 Page 7 of 10 Program Development Agreement V02/14/22 ATTACHMENT A SCOPE OF WORK I. Required Documents (Needed to Proceed). A. City will provide the following detailed documentation: 1. Most recent two (2) years of audited financial statements. 2. Actual utility company invoices for all utilities serving the Sites, for a minimum of three (3) years immediately prior to the date hereof, with, beginning with the most recently completed month. 3. Utility company demand interval recordings of 15/30-minute electrical demand for characteristic months of the year, where available. 4. Record drawings (AutoCAD or hard copy) for the Sites: a. mechanical b. plumbing c. electrical d. building automation and temperature controls e. structural f. architectural g. modifications and remodels h. site landscaping 5. AutoCAD or hard copy of 8 ½” x 11” or 11” x 17” floor and roof plans of all Sites, as well as information on the age, type and condition of buildings and roofs. 6. A list of key contacts at each Site, including City personnel knowledgeable of the electrical, HVAC, lighting and controls systems. 7. Energy management system and HVAC equipment operating schedules, point lists and sequences of operation. 8. Original construction submittals and factory data (specifications, pump curves, etc.), where available. 9. Test and balance reports for water and air systems, where available. II. Scope of Work. The Integrated Energy Assessment (the “Assessment”) will be performed as described below: A. Perform detailed review of documents delivered above. B. Perform an inspection survey to: 1. Identify potential energy conservation measures (“ECMs”) and opportunities for distributed and renewable generation technologies. 2. Identify the potential locations and type of application for solar photovoltaics (PV) and other ECM installations. 3. Interview the facility manager, chief engineer, or others as needed. 4. Identify comfort or system-function problems which may impact the performance of the identified measures. 5. Identify “process” energy use, such as production equipment, computer rooms, printing plants, parking garages, etc. DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 8 of 10 Program Development Agreement V02/14/22 6. Obtain the hours of operation for building systems and equipment, and expected occupancy and use. 7. Survey major energy using equipment, and record (to extent available) the pertinent information for the following: a. Lighting b. HVAC equipment c. Controls and automation d. Other (process, outdoor lighting, etc.) e. Pumps f. Electrical Transformers g. Boilers 8. Perform Site survey, consisting of: a. Site walk b. Shading analysis C. Perform Utility Analysis and Solar Photovoltaic Production Analysis: 1. Identify current rate schedule, analyze electrical usage and model load profile for each Site 2. Determine historical Site-specific rate escalation 3. Determine expected solar photovoltaic production curve for proposed Sites 4. Overlay electrical load profile with expected solar photovoltaic production curve, to right-size the solar photovoltaic system(s) and identify rate restructuring opportunities. D. Analyze HVAC and electrical usage for each Site, where existing historical sub-meter data is available. E. To the extent deemed necessary by ENGIE Services U.S., prepare preliminary engineering for ECMs and renewable opportunities at the Sites, to include: 1. A conceptual, preliminary scope of the construction work required for installation of work. 2. Rough sizing of major equipment. F. Calculate energy use and cost for all viable ECMs and renewable generation technologies: 1. For each ECM or renewable generation technology, calculate annual energy savings 2. Calculation methodology will be determined by ENGIE Services U.S., and may include using modeling software such as Market Manager or Trace 700, or may involve spreadsheet analysis or other accepted, standard engineering procedures. 3. Calculations will follow ASHRAE or other nationally recognized authority and will be based on sound engineering principle(s). 4. Operational and maintenance savings, if any, will be identified as a separate line item. G. Prepare a preliminary measurement and verification plan, explaining how each ECM is to be measured and verified. This plan need only show intended methodologies, but is not required to identify precise instrumentation and/or formulae intended for use. This plan should be carefully enough prepared so as not to materially conflict with the final measurement and verification plan to be prepared during final negotiations of, and incorporated into, the Energy Services Contract. H. In its sole discretion, ENGIE Services U.S. may identify potential rebates, incentives and financing options (that are non-municipal securities) for the project. I. Prepare a proposed “Project Cost” and a list of “Services to Be Provided,” in anticipation of ENGIE Services U.S. and City entering into an Energy Services Contract to design, construct, install, and monitor the projects proposed in the Report. Cost calculations will explicitly state that the Energy Services Contract must be promptly executed to avoid price increases and that hazardous substance or abnormal subsurface/soil condition issues must not be present. DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 9 of 10 Program Development Agreement V02/14/22 J. ENGIE Services U.S. will provide to City a Report which will include: 1. A description of each ECM and a table summarizing all ECMs which is compatible with City’s investment and infrastructure improvement goals 2. An economic analysis for the aggregated Sites, including estimated project costs, utility incentives, energy savings, renewable energy revenue, operation and maintenance savings and any other revenue or program contributions III. Technologies to be Considered: A. The technologies listed below will be considered during the performance of assessments: 1. Lighting a. Lighting fixture retrofit b. Lighting controls c. LED parking lot lighting d. Energy efficient security lighting e. Double pane windows or window film on south-facing exposures 2. Building automation/direct digital controls, including HVAC door switches 3. Air handling systems: a. Variable volume conversion b. Zone/area isolation & shutdown c. Heat recovery d. Outside air economizer e. Return air conversion 4. Plant/equipment modifications: a. Chiller upgrade/replacement b. Cooling tower upgrade/replacement c. Variable flow chilled water conversion d. Boiler upgrade/replacement e. Plant automation f. Energy efficient swimming pool equipment upgrades g. Solar hot water installations 5. Solar photovoltaic systems 6. Battery energy storage systems 7. Electric vehicle charging stations 8. Electrical switchgear ugrades and electrical transformers 9. Microgrids 10. Wastewater Treatment Plant energy efficiency upgrades 11. Water Treatment Plant energy efficiency upgrades DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 Rev. Date: 20220214 Page 10 of 10 Program Development Agreement V02/14/22 ATTACHMENT B SITE INVENTORY SITES INCLUDED IN ASSESSMENT Site Name Address Floor Area (square feet) Airport, PS International 3400 E Tahquitz Canyon Way 245,271 Animal Shelter 4575 E Mesquite Avenue 21,000 Arts Springs Center 550 N Palm Canyon Drive 5,073 City Hall 3200 E Tahquitz Canyon Way 48,183 City Yard 425 N Civic Drive 44,630 Sunrise Generator Station 402 S Cerritos Drive 1,702 Municipal Generator Station 201 N El Cielo Road 1,914 Convention Center 277 N Avenida Cabelleros 448,156 CVEP (Coachella Valley Economic Partnership) 3111 Tahquitz Canyon Way 16,241 Demuth Community Center 3601 E Mesquite Avenue 22,600 Demuth Park Mesquite Avenue 4,774 Desert Arts Center/Palm Canyon Theatre 538 N Palm Canyon Drive 13,199 Downtown Parking Structure 275 S Indian Canyon 85,480 Edom Hill 70500 Varner Road, Thousand Palms 1,200 Fire Station #1 277 N Indian Canyon Drive 5,364 Fire Station #2, Airport 300 N El Cielo Road 19,609 Fire Station #3 590 E Racquet Club Road 5,807 Fire Station #4 1300 La Verne Way 4,608 Fire Station #5 5800 Bolero Road 3,764 Fire Training Center 3000 E Alejo Rd 3,750 James O. Jessie Desert Highland Unity Center 480 Tramview Road 11,903 Jaycee Frey Center 1911 Baristo Road 3,617 Library Center 300 S Sunrise Way 33,920 Mizell Senior Center 400 S Sunrise Way 14,262 Plaza Theater 128 S Palm Canyon 15,100 Police Station 200 S Civic Drive 33,330 Ruth Hardy Park 700 Tamarisk Road 684 Sunrise Plaza 401 S Pavilion Way 74,603 Stadium Park 1901 E Baristo Road 16,906 Tahquitz Creek Golf Course 1885 Golf Club Drive 26,210 Taxi Holding Building and CNG Fueling Station 310 S El Cielo Road 1,990 Tennis Center/Plaza Racquet Club 1300 E Baristo Road 1,384 Train Station 63950 Palm Springs Station Road 1,483 Victoria Park 2650 Via Miraleste 684 Village Green 211‐233 S Palm Canyon Drive 7,851 Visitor's Center 2901 N Palm Canyon Drive 3,750 Waste Water Treatment Plant (Veolia) 4375 E Mesquite Avenue 144,083 Welwood Murray Memorial Library 100 S Palm Canyon Drive 5,058 DocuSign Envelope ID: E3B79325-A41B-44D7-BEA7-8F46B75A4536Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 CITY OF PALM SPRINGS 3200 E TAHQUITZ CANYON WAY, PALM SPRINGS, CA 92262 (760) 322-8328 BUSINESS LICENSE CERTIFICATE Fees Paid:$193.00 ISSUANCE OF THIS LICENSE DOES NOT ENTITLE THE LICENSEE TO OPERATE OR MAINTAIN A BUSINESS IN VIOLATION OF ANY OTHER LAW OR ORDINANCE. THIS IS NOT AN ENDORSEMENT OF THE ACTIVITY NOR OF THE APPLICANT'S QUALIFICATIONS. Business Name:ENGIE SERVICES US INC DBA: Owner:OPTERRA ENERGY SERVICES INC. Mailing Address:35 N LAKE AVE SUITE 900 PASADENA, CA 91101 License Number:CBL-002370-2023 Expiration Date:09/30/2024 PLEASE NOTE THAT IT IS YOUR RESPONSIBILITY TO RENEW AND UPDATE THIS LICENSE ANNUALLY. Business Location:150 E COLORADO BLVD 360, PASADENA, CA 91105 Business Description:CONTRACTOR GENERAL TO BE POSTED IN A CONSPICUOUS PLACE Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 2,000,000 GLO 4438954-02 X HOU-003591769-16 1,000,000 X N/A N X07/01/2024 10 07/01/2025BAP-4439031-02 A 4,000,000 2,000,000 X N/A N/A 1,000,000 X subject to policy terms and conditions. 06/26/2024 07/01/2024 Re: ENGIE Services Contract # R3464 The City of Palm Springs, its officials, employees, and agents are included as additional insured (except workers’ compensation) where required by written contract. This insurance is primary and non-contributory X 3200 E Tahquitz Canyon Way Palm Springs, CA 92262 City of Palm Springs over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract. Waiver of subrogation is applicable where required by written contract and A N/A CN115354100-OpTer--24-25 10,000 07/01/2025 2,000,000 4,000,000 16535 1,000,000 1,000,000 WC-4438955-02 500 Dallas St., Suite 1500 MARSH USA LLC. Houston, TX 77002 X ENGIE Services U.S. Inc. ENGIE Holdings Inc. Houston, TX 77056 1360 Post Oak Blvd, Ste 400 07/01/2024 Attn: Marcus Fuller X X X A _ 07/01/2025 Zurich American Insurance Company X Docusign Envelope ID: 1EF87ADC-BFF0-41ED-93EE-30A68AA22157