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AGMT - The Water Heater Warehouse LLC (Water Heater Replacement Services)
PURCHASE AND INSTALL AGREEMENT for Water Heater Replacement Services between City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 .19 The Water Heater Warehouse, LLC 1114 E. Truslow Avenue Fullerton, CA 92831 (714) 602-5049 This Purchase and Install Agreement for Water Heater Replacement Services ("the Agreement") is made as of December 13, 2023 (the "Effective Date"), by and between The Water Heater Warehouse, LLC ("Contractor"), a California limited liability company, and the City of Seal Beach ("City"), a California charter city, (collectively, "the Parties"). RECITALS A. City desires to engage an independent contractor to provide and install the following: the removal of existing water heaters, and the purchase and installation of new water heaters at the Beverly Manor Pump Station, City Hall and Marina Community Center, all as more fully described herein (the "Water Heater Project"). B. City participates in the Southern California Regional Energy Network ("SoCaIREN") Streamlined Savings Pathway for Heat Pump Water Heater Project Incentive Distribution Program ("SoCaIREN Program"), which will fund up to 100% of eligible project costs for the Water Heater Project, subject to SoCaIREN Program requirements including Project completion by the end of 2023. C. Contractor participated in SoCaIREN's screening and due diligence process utilized to obtain qualified contractors to carry out the SoCaIREN Program. D. Pursuant to the authority provided by its City Charter and Seal Beach Municipal Code ("SBMC")§ 3.20.025(B), purchases of commodities that can be obtained only from one vendor are exempt from City's bidding requirements; and in addition, pursuant to SBMC § 3.20.025(D), purchases made in cooperation with the state, the county or another government entity for the purpose of obtaining a lower price upon the same terms, conditions and specifications are also exempt from City's bidding requirements, including Contractor. E. Pursuant to the City Charter and SBMC Chapter 3.20 City determined that Contractor is a sole source to carry out the Water Heater Project because of Contractor's technical expertise, unique inventory availability and ability to meet the short installation timeframe and requirements of the Program; and further, that Contractor has gone through the SoCaIREN screening and due diligence processes process; and Contractor has provided similar products and services for various public entities in Southern California at very similar and favorable rates. F. Contractor's license number is License #1041460, (Class C-36 license); and Contractor's DIR registration number is DIR 1001092309, and Contractor is fully qualified to perform the Water Heater Project contemplated by this Agreement by virtue of its experience, and the training, education and expertise of its principals and employees. G. City desires to retain Contractor as an independent contractor to carry out the Water Heater Project pursuant to the SoCaIREN Program without cost to City, and Contractor desires to serve City to perform those services in accordance with the terms and conditions of this Agreement. 2 of 23 NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows. AGREEMENT 1.0 Contractor's Services 1.1. Scope of Work. In compliance with all terms, conditions and provisions of this Agreement, Contractor shall procure and furnish the water heaters and shall provide all necessary labor, tools, equipment, materials, expertise and other services for installation of the water heaters, at City facilities for the Water Heater Project as described in the "Scope of Work" attached hereto as Exhibit A, and Contractor's accepted Proposal for Replacement of Water Heaters ("Proposal"), attached hereto as Exhibit C, and incorporated herein by this reference, all to City's reasonable satisfaction. 1.2. Agreement Documents: Order of Precedence. 1.2.1. The Agreement Documents include this Agreement itself, and all of the following: (i) the City solicitation and SoCaIREN Program Requirements (Scope of Work, Exhibit A), including all attachments and exhibits thereto; and (ii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and (iii) Exhibit C (Proposal). Unless otherwise indicated therein, the term "Services" includes Exhibit A (Scope of Work) and Exhibit C (Proposal), which is incorporated herein by this reference, together with any additional SoCaIREN and/or City standards or specifications or requirements set forth therein. 1.2.2. In the event of any inconsistency or conflict between this Agreement and any Exhibit or incorporated documents, the order of precedence shall be as follows: (i) this Agreement; and then (ii) Exhibit A; and then (iii) Exhibit B (Terms for Compliance with California Labor Law Requirements); and then (iv) Exhibit C (Proposal), shall govern. In the event there is any conflict between the Agreement, on the one hand, and any of the Exhibits, on the other hand, the Agreement shall govern. 1.3. Provision of Products. 1.3.1. Contractor shall use only the Products described in Exhibit A in carrying out the Scope of Work. Any deviation from the materials or other Products described in Exhibit A shall not be permitted unless approved in advance in writing by City's Representative. 1.3.2. Contractor shall perform all Services set forth in the Scope of Work, and shall provide and furnish all Products and all labor, materials, 3 of 23 necessary tools, equipment and all utility and transportation services necessary to complete the Water Heater Project as required herein. 1.4. Delivery. Contractor shall deliver all Products to the locations designated in writing by City. Title to and the risk of loss, damage, and destruction of the Products shall remain with Contractor until installation, inspection and acceptance of all Products. Such inspection may include reasonable tests and use of the Products by City. City may, at its option, (i) reject any or all of the Products found to be defective or otherwise not in compliance with the requirements of this Agreement; or, (ii) accept substitute Product(s) satisfactory to the City. Contractor shall be responsible for any and all costs of transportation and replacement of any rejected Products. 1.5. Standard of Care. As a material inducement to City to enter into this Agreement, Contractor hereby represents that it has the experience necessary to undertake the Services to be provided. In light of such status and experience, Contractor hereby covenants that it shall follow the customary professional standards in performing all Services. The City relies upon the skill of Contractor, and Contractor's staff, if any, to do and perform the Services in a skillful, competent, and professional manner, and Contractor and Contractor's staff, shall perform the Services in such manner. Contractor shall, at all times, meet or exceed any and all applicable professional standards of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City. The acceptance of Contractor's work by the City shall not operate as a release of Contractor from such standard of care and workmanship. 4 of 23 1.6. Familiarity with Services. By executing this Agreement, Contractor represents that, to the extent required by the standard of practice, Contractor (i) has investigated and considered the scope and level of Services to be performed, (ii) has carefully considered how the Services should be performed, and (iii) understands the facilities, difficulties and restrictions attending performance of the Services under this Agreement. Contractor represents that Contractor, to the extent required by the standard of practice, has investigated any areas of work, as applicable, and is reasonably acquainted with the conditions therein. Should Contractor discover any latent or unknown conditions, which will materially affect the performance of services, Contractor shall immediately inform City of such fact and shall not proceed except at Contractor's risk until written instructions are received from City's Representative. 1.7. Commencement of Work: Notice. Unless otherwise agreed upon in writing, Contractor shall provide City with a minimum two (2) days' notice of its date(s) of installation to enable the City to ready the installation site(s) for installation the Products in accordance with the instructions of Contractor, if any. City shall complete any required site preparation prior to the date installation of the Products begins. 1.8. Compliance with Laws. In performing this Agreement, Contractor shall comply with all applicable provisions of federal, state, and local law. 1.9. Additional Services. Contractor will not perform any work or other services not specified in the Scope of Work unless the City authorizes such work in advance and in writing. 2.0 Term The term of this Agreement shall commence on December 13, 2023, and shall remain in full force and effect until June 30, 2024, unless sooner terminated as provided in Section 5.0 of this Agreement. 3.0 Contractor's Compensation 3.1 The Parties agree that SoCaIREN will pay Contractor any and all costs incurred by Contractor for the Services performed in accordance with the Scope of Work (Exhibit A) for the Term. All payments to Contractor for the Products and Services shall be made by SoCaIREN from funds available under the SoCaIREN Program, and no City funds shall be used to compensate, pay or otherwise reimburse Contractor for any Products or other Services under this Agreement; and City will pay Contractor a total not -to -exceed amount of $0 (Zero Dollars) for any Services provided under this Agreement for the Term. In consideration of Contractor's performance of the Services in accordance with the Scope of Work (Exhibit A), and Proposal (Exhibit C), Contractor will be eligible to request compensation to be paid by SoCaIREN in the total not -to -exceed amount of $34,772.20 (thirty-four thousand, seven hundred seventy-two dollars and 5 of 23 20/100) for eligible Services under the SoCaIREN Program, in accordance with the schedule of fees and costs set forth in Exhibit C (the Proposal). 3.2 Contractor shall not invoice, bill or otherwise demand payment from City for any and all Services provided by Contractor in connection with this Agreement, and agrees to seek compensation solely from SoCaIREN for all payment. By executing this Agreement, Contractor hereby waives and relinquishes any compensation, payment, reimbursement or recompense from City for the performance of any of the Services set forth in this Agreement. 4.0 Method of Payment 4.1. Contractor shall submit any and all requests for payment to SoCaIREN, including but not limited to, invoices or requests for payment, in connection with any and all Services provided or rendered pursuant to this Agreement in accordance with the requirements of the SoCaIREN Program, including but not limited to, compliance with any SoCaIREN deadlines; and shall provide all information and documentation required by SoCaIREN to obtain payment for Contractor's Services. 4.2. Upon 24-hour notice from City, Contractor shall allow City, City's agents or representatives and/or SoCaIREN or SoCaIREN's agents or representatives, to inspect at Contractor's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Contractor in connection with this Agreement. City's rights under this Section 4.2 shall survive for three (3) years following the termination of this Agreement. 5.0 Termination 5.1. Termination by City. 5.1.1. This Agreement may be terminated by City, without cause, upon giving Contractor written notice thereof not less than 30 days prior to the date of termination. 5.1.2. This Agreement may be terminated by City upon 10 days' notice to Contractor if Contractor fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy. 5.2. Termination by Contractor. This Agreement may be terminated by Contractor based on reasonable cause, by serving written notice of termination to City, provided that Contractor has first City with a written notice of default and demand to cure, and City has failed to cure such default within 30 days of receipt of such notice. 6 of 23 5.3. Obligations Upon Termination. Unless otherwise specified in the notice of termination, Contractor shall cease all work under this Agreement immediately upon receipt of notice of termination from City under Subsection 5.1, or immediately upon City's acknowledgment of receipt of Contractor's notice of termination to City under Subsection 5.1. Upon termination, City shall be immediately given title to and possession of all Work Product (as defined in Subsection 11.1 of this Agreement) and all other documents, writings, and/or deliverables produced or developed pursuant to this Agreement. Provided that Contractor is not then in breach, and subject to any requirements of SoCaIREN, Contractor may submit a request for payment from SoCaIREN for any portion of the Scope of Work completed prior to termination to City's reasonable satisfaction, in accordance with SoCaIREN's requirements. Upon termination pursuant to this Section 5.0, City shall not be liable for any costs in connection with any Services provided by Contractor, or arising out of or in connection with the termination of this Agreement pursuant to this Section 5.0. In no event shall Contractor be entitled to payment for unperformed services or services within the Scope of Work performed prior to the effective date of this Agreement; and Contractor shall not be entitled to receive more than the amount that would be paid to Contractor for the full performance of the Services up to date of termination. Contractor shall have no claim against City by reason of such termination, including any claim for compensation or damages. 6.0 Party Representatives 6.1. The City Manager is the City's representative for purposes of this Agreement. 6.2. Christian Flores is the Contractor's primary representative for purposes of this Agreement. Christian Flores shall be responsible during the term of this Agreement for directing all activities of Contractor and devoting sufficient time to personally supervise the Services hereunder. Contractor may not change its representative without the prior written approval of City, which approval shall not be unreasonably withheld. 7.0 Notices 7.1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses: To City: City of Seal Beach 211 -8th Street Seal Beach, California 90740 Attn: City Manager 7 of 23 To Contractor: The Water Heater Warehouse, LLC 1114 E. Truslow Avenue Fullerton, CA 92831 Attn: Christian Flores 7.2. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 8.0 Permits and Licenses At all times during the term of this Agreement, Contractor shall possess a valid and current Class C-36 (Plumbing) California Contractor's License (License #1041460, DIR 1001092309) to perform the Services. Contractor and all of Contractor's employees and other personnel shall also obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of the Services under this Agreement, including a business license as required by the Seal Beach Municipal Code. 9.0 Independent Contractor 9.1. Contractor is an independent contractor and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Contractor or by Contractor's employees or other personnel under Contractor's supervision. Contractor will determine the means, methods, and details by which Contractor's employees and other personnel will perform the Services. Contractor shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards. 9.2. All of Contractor's employees and other personnel performing any of the Services under this Agreement on behalf of Contractor shall also not be employees of City and shall at all times be under Contractor's exclusive direction and control. Contractor and Contractor's personnel shall not supervise any of City's employees; and City's employees shall not supervise Contractor's personnel. Contractor's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Contractor's personnel shall not use any City e-mail address or City telephone number in the performance of any of the Services under this Agreement. Contractor shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Contractor's personnel require to perform any of the Services required by this Agreement. Contractor shall perform all Services off of City premises at locations of Contractor's choice, except (i) as otherwise required for the performance of Services on City real property, facilities, vehicles or equipment; (ii) as otherwise may from time to time be necessary in order for Contractor's personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to 8 of 23 Contractor's performance of any Services under this Agreement, or (iii) as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Contractor from time to time for Contractor's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement. 9.3. In addition to all other provisions of this Agreement, Contractor shall be responsible for and pay all wages, salaries, benefits and other amounts due to Contractor's personnel in connection with their performance of any Services under this Agreement and as required by law. Contractor shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Contractor and any of its officers, employees, agents, and subcontractors providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System ("PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits. 9.4. Contractor shall defend, indemnify and hold harmless City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9.0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Contractor under this Agreement any amount due to City from Contractor as a result of Contractor's failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 10.0 PERS Compliance and Indemnification 10.1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Contractor agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Contractor shall 9 of 23 assure compliance with the Public Employees' Retirement Law ("PERL"), commencing at Government Code § 20000, as amended by the Public Employees' Pension Reform Act of 2013 ("PEPRA"),. and the regulations of PERS, as amended from time to time. Without limitation to the foregoing, Contractor shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a manner that will cause City to be in violation of the PERL, PEPRA or any other applicable retirement laws and regulations. 10.2. Indemnification. To the maximum extent permitted by law, Contractor shall defend, indemnify and hold harmless City, its City, its elected and appointed officials, officers, employees, servants, volunteers, and those City agents serving as independent contractors in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Contractor's violation of any provisions of this Section 10.0. This duty of indemnification is in addition to Contractor's duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement. Contractor's covenants and obligations under this Section shall survive the expiration or termination of this Agreement. 11.0 Ownership of Work Product 11.1. Unless otherwise agreed upon in writing, all field notes and other notes, draft and final reports, drawings, specifications, data, surveys, studies, plans, maps, models, specifications, photographs, images, images, ideas, concepts, designs including but not limited to website designs, source code, object code, computer files, electronic data and/or files, other media of any kind whatsoever, and any other documents and written material of any kind, created, developed or used by Contractor in the performance of this Agreement (collectively "Work Product") shall be considered "works made for hire," for the benefit of City. Upon completion of, or in the event of termination or expiration of this Agreement, all Work Product and any and all intellectual property rights arising from their creation, including, but not limited to, all copyrights and other proprietary rights, shall be and remain the property of City without restriction or limitation upon their use, duplication or dissemination by City upon final payment being made in accordance with Subsection 5.3, and may be used, reused or otherwise disposed of by City for any purpose without Contractor's consent; provided that any use, reuse or modification of the Work Product by City for any purpose other than the purpose for which the Work Product was prepared or provided under this Agreement shall be at City's own risk. Contractor shall not obtain or attempt to obtain copyright protection as to any of the Work Product. 11.2. Contractor hereby assigns to City all ownership and any and all intellectual property rights to the Work Product that are not otherwise vested in City pursuant to Subsection 11,1. 10 of 23 11.3. Contractor warrants and represents that it has secured all necessary licenses, consents or approvals to use any instrumentality, thing or component as to which any intellectual property right exists, including computer software, used in the rendering of the Services and the production of all Work Product produced under this Agreement, and that City has full legal title to and the right to reproduce the Work Product for any purpose. Contractor shall defend, indemnify and hold City, its elected and appointed officials, officers, employees, servants, attorneys, volunteers, and those City agents serving as independent contractors in the role of City officials, harmless from any loss, claim or liability in any way related to a claim that City's use of any of the Work Product violates federal, state or local laws, or any contractual provisions, or any laws relating to trade names, licenses, franchises, copyrights, patents or other means of protecting intellectual property rights and/or interests in products or inventions. Contractor shall bear all costs arising from the use of patented, copyrighted, trade secret or trademarked documents, materials, equipment, devices or processes in connection with its provision of the Services and Work Product produced under this Agreement. In the event the use of any of the Work Product or other deliverables hereunder by City is held to constitute an infringement and the use of any of the same is enjoined, Contractor, at its expense, shall: (i) secure for City the right to continue using the Work Product and other deliverables by suspension of any injunction, or by procuring a license or licenses for City; or (ii) modify the Work Product and other deliverables so that they become non -infringing while remaining in compliance with the requirements of this Agreement. Contractor's covenants and obligations shall survive the expiration and/or termination of this Agreement. 11.4. Upon expiration or termination of the Agreement, Contractor shall deliver to City all Work Product and other deliverables related to any Services performed pursuant to this Agreement without additional cost or expense to City. If Contractor prepares a document on a computer, Contractor shall provide City with said document both in a printed format and in an electronic format that is acceptable to City. 12.0 Confidentiality 12.1. Contractor may have access to financial, accounting, statistical, and personnel data of individuals and City employees, trade secrets, and/or other information that may be protected under other applicable laws relating to privacy, confidentiality and/or privilege. Contractor covenants that all Work Product (as defined in Subsection 11.1) and/or any other data, documents, writings, discussion or other information created, developed, received or provided by Contractor in the performance of this Agreement are deemed confidential unless such information is in the public domain or already known to Contractor. Contractor shall not release or disclose any such Work Product, data, documents, writings, discussion or other information to persons or entities other 11 of 23 than City without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. Contractor, its officers, employees, agents, and/or subcontractors shall not without written authorization from the City Manager or unless requested in writing by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the Services performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered "voluntary," provided Contractor gives City timely notice of such court order or subpoena. 12.2. Contractor shall promptly notify City should Contractor, its officers, employees, agents and/or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder or with respect to any project or property located within the City. City may, but has no obligation to, represent Contractor or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct or rewrite the response. 12.3. Contractor's covenants and obligations under this Section shall survive the termination or expiration of this Agreement. 13.0 Subcontractors No portion of this Agreement shall be subcontracted without the prior written approval of the City. Contractor is fully responsible to City for the performance of any and all subcontractors. Authorized subcontracts, if any, shall contain a provision making the subcontractor subject to all requirements of this Agreement. 14.0 Prohibition Against Assignment, Transfer or Delegation Contractor shall not assign or transfer this Agreement or any of its rights, obligations or interest in this Agreement, or delegate any of its duties under this Agreement, either in whole or in part, without City's prior written consent, which may be withheld for any reason. Any purported assignment, transfer or delegation without City's consent shall be void and without effect, and shall entitle City to terminate this Agreement. 15.0 Inspection and Audit of Records 12 of 23 Contractor shall maintain complete and accurate records with respect to all Services and other matters covered under this Agreement, including but expressly not limited to, all Services performed, salaries, wages, payroll, invoices, time cards, cost control sheets, costs, expenses, receipts and other records and Work Product with respect to this Agreement. Contractor shall maintain adequate records on the Services provided in sufficient detail to permit an evaluation of all Services in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Contractor shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Services under this Agreement. Contractor shall retain all financial and program service records and all other records related to the Services and performance of this Agreement for at least three (3) years after expiration, termination or final payment by SoCaIREN, whichever occurs later. City's rights under this Section 15.0 shall survive for three (3) years after expiration, termination by City or Contractor, or final payment from SoCaIREN, whichever occurs later. 16.0 Safety Requirements All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA and other applicable state and federal laws. City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Services. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor. 17.0 Insurance 17.1. General Requirements. Contractor shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Contractor has secured all insurance required under this Section. 17.2. Minimum Scope and Limits of Insurance. Contractor shall, at its sole cost and expense, procure, maintain and keep in full force and effect for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement, as follows: 17.2.1. Commercial General Liability Insurance: Contractor shall maintain limits no less than $2,000,000 per occurrence for bodily injury, personal injury and property damage; and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate 13 of 23 limit shall apply separately to this Agreement/location or the general aggregate limit shall be twice the required occurrence limit: Coverage shall be at least as broad as the latest version of Insurance Services Office Commercial General Liability coverage (occurrence form CG 0001). If Contractor is a limited liability company, the commercial general liability coverage shall be amended so that Contractor and its managers, affiliates, employees, agents and other persons necessary or incidental to its operation are insureds. 17.2.2. Automobile Liability Insurance: Contractor shall maintain limits no less than $1,000,000 per accident for bodily injury and property damage. Coverage shall be at least as broad as Automobile Liability: Insurance Services Office Business Auto Coverage form number CA 0001, code 1 (any auto). 17.2.3. Workers' Compensation Insurance in the amount required by law; and Employer's Liability Insurance: with minimum limits of $1,000,000 per accident and in the aggregate for bodily injury or disease. 17.3. Acceptability of Insurers. The Insurance policies required under this Section shall be placed with insurers with a current A.M. Best's rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. 17.4. Additional Insured. 17.4.1. For general liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Contractor, including materials, parts or equipment furnished in connection with such work. 17.4.2. For automobile liability insurance, City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Contractor or for which the Contractor is responsible. 17.4.3. These additional insured provisions shall also apply to any excess/umbrella liability policies. 17.5. Cancellations or Modifications to Coverage. The insurance policies shall contain the following provisions, or Contractor shall provide endorsements on forms supplied or approved by City to state: (i) coverage shall not be suspended, voided, reduced or canceled except after 30 days (or ten days for nonpayment) prior written notice by certified mail, return receipt 14 of 23 requested, has been given to City; (ii) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to City, its elected and appointed officials, officers, employees, agents, volunteers, and those City agents serving as independent contractors in the role of City officials; 17.6. Primary and Non-Contributing. Coverage shall be primary insurance as respects the City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials, or if excess, shall stand in an unbroken chain of coverage excess of the Contractor's scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its elected and appointed officials, officers, employees, agents. volunteers and those City agents serving as independent contractors in the role of City officials, shall be excess of the Contractor's insurance and shall not be called upon to contribute with it; 17.7. Separation of Insureds. Each insurance policy shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. 17.8. Deductibles and Self-Insured Retentions. Any deductibles or self- insured retentions shall be declared to and approved by City. Contractor guarantees that, at the option of City, either: (i) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects City, its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials; or (ii) Contractor shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses. 17.9. Waiver of Subrogation. Each insurance policy required by this Agreement shall expressly waive the insurer's right of subrogation against City and its elected and appointed officials, officers, employees, agents, volunteers and those City agents serving as independent contractors in the role of City officials. Contractor hereby waives its own right of recovery and all rights of subrogation against City; and shall require similar express written waivers from any subcontractor. 17.10. Enforcement of Agreement Provisions (Non-Estoppel). Contractor acknowledges and agrees that any actual or alleged failure on City's part to inform Contractor of non-compliance with any insurance requirement does not impose additional obligations on City, nor does it waive any rights hereunder. 17.11. City Remedy for Noncompliance. If Contractor does not maintain the policies of insurance required under this Section in full force and effect during 15 of 23 the term of this Agreement, or in the event any of Contractor's policies do not comply with the requirements under this Section, City may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, City may, but has no duty to, take out the necessary insurance and pay, at Contractor's expense, the premium thereon. Contractor shall promptly reimburse City for any premium paid by City or City may withhold amounts sufficient to pay the premiums from payments due to Contractor. 17.12. Evidence of Insurance. Prior to the performance of Services under this Agreement, Contractor shall furnish City with original certificates of insurance and all original endorsements evidencing and effecting the coverages required under this Section on forms satisfactory to and approved by City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by City if requested. Contractor may provide complete, certified copies of all required insurance policies to City. Contractor shall maintain current endorsements on file with City's Risk Manager. All certificates and endorsements shall be received and approved by the City before work commences. City also reserves the right to require complete, certified copies of all required insurance policies, at any time. Contractor shall also provide proof to City that insurance policies expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Contractor shall furnish such proof at least two weeks prior to the expiration of the coverages. 17.13. Indemnity Requirements Not Limiting. Procurement of insurance by Contractor shall not be construed as a limitation of Contractor's liability or as full performance of Contractor's duties under any provision of this Agreement. 17.14. Broader Coverage/Higher Limits. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor under this Agreement. Contractor shall also procure and maintain, at its own cost and expense, any additional kinds of insurance, which in its own judgment may be necessary for its proper protection and prosecution of the Services. If Contractor maintains broader coverage and/or higher limits than the minimums required above, City requires and shall be entitled to the broader coverage and/or the higher limits maintained by Contractor. 17.15. Timely Notice of Claims. Contractor shall give City prompt and timely notice of demands or claims made or suits instituted that arise out of or result from Contractor's performance under this Agreement, and that involve or may involve coverage under any of the required insurance policies. 17.16. Subcontractor Insurance Requirements/Pass-Through Clause. Contractor shall require each of its contractors and/or subcontractors that perform Services under this Agreement to maintain insurance coverage that 16 of 23 meets all of the requirements of this Section. Contractor shall monitor and review all such coverages and assumes all responsibility for ensuring that such coverage is provided in conformity with the requirements of this Section. Contractor shall submit all agreements with contractors, subcontractors, and others engaged in the Services upon City's request. 18.0 Indemnification, Hold Harmless, and Duty to Defend 18.1. Indemnities. 18.1.1. To the fullest extent permitted by law, Contractor shall, at its sole cost and expense, protect, defend, hold harmless and indemnify City, its elected and appointed officials, officers, attorneys, agents, employees, volunteers, successors, assigns and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees" in this Section 18.0), from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, judgments, penalties, bid protests, stop notices, liens and losses of any nature whatsoever, including but not limited to fees of accountants, attorneys and other professionals, and all costs associated therewith, and the payment of all consequential damages (collectively "Claims"), in law or equity, whether actual, alleged or threatened, to property or persons, including but not limited to, bodily injury, death, personal injury and property damage, in any manner arising out of, claimed to arise out of, pertaining to, or relating to the breach of this Agreement and/or any acts, errors, omissions, negligence or willful misconduct of Contractor, its officers, agents, servants, employees, contractors, subcontractors, materialmen, or suppliers, or their officers, agents, servants or employees (or any entity or individual for whom Contractor shall bear legal liability) in the performance of the Services and/or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. Contractor shall defend the Indemnitees in any action or actions filed in connection with any Claims with counsel of the Indemnitees' choice, and shall pay all costs and expenses, including all attorneys' fees and experts' costs actually incurred in connection With such defense. Contractor shall reimburse the Indemnitees for any and all legal expenses and costs incurred by the Indemnitees in connection therewith. 18.1.2. Contractor shall defend, indemnify and hold harmless City in accordance with Sections 9.0 and 10.0. 18.2. Subcontractor Indemnification. Contractor shall obtain executed indemnity agreements with provisions identical to those in this Section 18.0 from each and every subcontractor, contractor, or any other person or entity involved by, for, with or on behalf of Contractor in the performance of this Agreement. If Contractor fails to obtain such indemnities, Contractor shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, arising out 17 of 23 of, are claimed to arise out of, pertaining to, or relating to, the breach of this Agreement, any acts, errors, omissions, negligence or willful misconduct of Contractor's subcontractor, its officers, agents, servants, employees, materialmen, contractors, and/or subcontractors, or their officers, agents, servants or employees (or any entity or individual for whom Contractor's subcontractor shall bear legal liability) in the performance of the Services or this Agreement, except to the extent the Claims arise from the sole negligence or willful misconduct of the Indemnitees as determined by final arbitration or court decision or by the agreement of the Parties. 18.3. Workers' Compensation Acts Not Limiting. Contractor's indemnification obligations under this Section, or any other provision of this Agreement, shall not be limited by the provisions of any workers' compensation act or similar act. Contractor expressly waives its statutory immunity under such statutes or laws as to City, its elected and appointed officials, officers, agents, employees, volunteers and those City agents serving as independent contractors in the role of City officials. 18.4. Insurance Requirements Not Limiting. City does not, and shall not, waive any rights that it may possess against Contractor because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. The indemnities and obligations in this Agreement shall apply regardless of whether or not any insurance policies are determined to be applicable to the Claims asserted against City or any of the other Indemnitees. 18.5. Survival of Terms. Contractor's covenants and obligations under this Section 18.0 shall survive the expiration or termination of this Agreement. 19.0 Warranty For all Products provided to City as part of this Agreement, Contractor warrants as follows: (i) Contractor possesses good title to the Products and the right to transfer ownership of the Products to City; (ii) the Products shall be delivered to City free from any security interest or other lien; (iii) the Products meet all specifications contained herein and are fit for their intended purpose(s); and (iv) the Products and the Services shall be free from material defects in materials and workmanship under normal use for a period of not less than one (1) year from the date of delivery and completion of the work. The foregoing warranty is in addition to any and all manufacturers' warranties. All other warranties applicable to the equipment and materials purchased by City pursuant to this Agreement shall be as specified in Exhibit C. 18 of 23 20.0 Non -Discrimination and Equal Employment Opportunity Contractor affirmatively represents that it is an equal opportunity employer. In the performance of this Agreement, Contractor covenants that it shall not discriminate, harass or retaliate against any of its employee, applicants for employment, contractors, or subcontractors because of race, religion, color, national origin, handicap, ancestry, sex, gender, sexual orientation, gender identity, gender expression, marital status, national origin, ancestry, age, physical disability, mental disability, medical condition, genetic information, military or veteran status, or any other basis prohibited by law. Contractor further covenants that in the performance of this Agreement, Contractor shall not discriminate, harass or retaliate against City, its elected or appointed officials, officers, employees, volunteers, those City agents serving as independent contractors in the role of City officials, contractors, and/or subcontractors, on any such basis prohibited by law. 21.0 Labor Certification By its signature hereunder, Contractor certifies that it is aware of the provisions of Section 3700 of the California Labor Code that require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 22.0 Prevailing Wage and Payroll Records This Agreement calls for services that, in whole or in part, constitute "public works" as defined in the California Labor Code, Contractor shall comply in all respects with all applicable provisions of the California Labor Code, including but not limited to, those set forth in Exhibit B, attached hereto and incorporated by reference herein. 23.0 Antitrust Claims Pursuant to Public Contract Code Section 7103.5, Contractor offers and agrees to assign to City all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the California Business and Professions Code) arising from purchases of goods, services, or materials pursuant to this Contract. This assignment shall be made and become effective at the time SoCaIREN tenders final payment to Contractor without further acknowledgment by the parties. 24.0 Recitals 19 of 23 City and Contractor acknowledge that the above Recitals are true and correct and are hereby incorporated by reference into this Agreement. 25.0 Entire Agreement This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both Parties. 26.0 Severability The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement. 27.0 Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California, except that any rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be applied in interpreting this Agreement. Orange County, California, shall be the venue for any action or proceeding that may be brought by reason of, that arises out of, and/or relates to any dispute under this Agreement (whether contract, tort or both). 28.0 No Third Party Beneficiaries This Agreement is made solely for the benefit of the Parties to this Agreement and their respective successors and assigns, and no other person or entity shall be deemed to have any rights hereunder against either party by virtue of this Agreement. 29.0 Waiver No delay or omission to exercise any right, power or remedy accruing to City under this Agreement shall impair any right, power or remedy of City, nor shall it be construed as a waiver of, or consent to, any breach or default. No waiver of any breach, any failure of a condition, or any right or remedy under this Agreement shall be (i) effective unless it is in writing and signed by the Party making the waiver, (ii) deemed to be a waiver of, or consent to, any other breach, failure of a condition, or right or remedy, or (iii) deemed to constitute a continuing waiver unless the writing expressly so states. 30.0 Prohibited Interests; Conflict of Interest 20 of 23 30.1. Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services. Contractor further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Contractor shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Contractor shall not accept any employment or representation during the term of this Agreement which is or may likely make Contractor "financially interested" (as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Contractor has been retained. 30.2. Contractor further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Contractor, to solicit or obtain this Agreement. Nor has Contractor paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Contractor, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Contractor hereunder the full amount or value of any such fee, commission, percentage or gift. 30.3. Contractor warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the business of Contractor, and that if any such interest comes to the knowledge of Contractor at any time during the term of this Agreement, Contractor shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited "conflict of interest" under applicable laws as described in this Section. 31.0 Final Payment Acceptance Constitutes Release The acceptance by Contractor of the final payment made under this Agreement shall operate as and be a release of City from all claims and liabilities for compensation to Contractor for anything done, furnished or relating to Contractor's work or services. Acceptance of payment shall be any negotiation of City's check or the failure to make a written extra compensation claim within ten calendar days of the receipt of that check. However, approval or payment by City shall not constitute, nor be deemed, a release of the responsibility and liability of Contractor, its employees, subcontractors and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by City for any defect or error in the work prepared by Contractor, its employees, subcontractors and agents. 21 of 23 32.0 Corrections In addition to the indemnification obligations set forth above, Contractor shall correct, at its expense, all errors in the work which may be disclosed during City's review of Contractor's report or plans. Should Contractor fail to make such correction in a reasonably timely manner, such correction may be made by City, and the cost thereof shall be charged to Contractor. In addition to all other available remedies, City may deduct the cost of such correction from any retention amount held by City or may withhold payment otherwise owed Contractor under this Agreement up to the amount of the cost of correction. 33.0 Non -Appropriation of Funds Payments to be made to Contractor by City for any Services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Contractor's Services beyond the current fiscal year, this Agreement shall cover payment for Contractor's Services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year. 34.0 Mutual Cooperation 34.1. City's Cooperation. City shall provide Contractor with all pertinent Data, documents and other requested information as is reasonably available for Contractor's proper performance of the Services required under this Agreement. 34.2. Contractor's Cooperation. Contractor agrees to work closely and cooperate fully with City's representative. any representative of SoCaIREN, and any other agencies that may have jurisdiction or interest in the work to be performed. In the event any claim or action is brought against City relating to Contractor's performance of Services rendered under this Agreement, Contractor shall render any reasonable assistance that City requires. 35.0 Time of the Essence Time is of the essence in respect to all provisions of this Agreement that specify a time for performance; provided, however, that the foregoing shall not be construed to limit or deprive a Party of the benefits of any grace or use period allowed in this Agreement. 36.0 Attorneys' Fees If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from 22 of 23 the losing party all of its attorneys' fees and other costs incurred in connection therewith. 37.0 Titles and Headings The titles and headings used in this Agreement are for convenience only and shall in no way define, limit or describe the scope or intent of this Agreement or any part of it. 38.0 Exhibits All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control. 39.0 Corporate Authority The person executing this Agreement on behalf of Contractor warrants that he or she is duly authorized to execute this Agreement on behalf of said party and that by his or her execution, the Contractor is formally bound to the provisions of this Agreement. 23 of 23 IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH By: Iris Lee, Director of PupT Attest: / I/ n I �� M D. Ha Approved as toForm: By:'� /�44iiii� Nicholas G. Ghirelli, City Attorney CONTRACTOR: The Water Heater Warehouse, a limited liability mpany By: Christian Flores Chief Executive Officer By: Christian Flores Chief Executive Officer (Please note, two signatures required for corporations pursuant to California Corporations Code Section 393 from each of the following categories: (i) the chairperson of the board, the president or any vice president, and (ii) the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of such corporation.) PROOF OF AUTHORITY TO BIND CONTRACTING PARTY REQUIRED `r 24 of 23 EXHIBIT A SCOPE OF SERVICES 2023 Heat Pump Water Heater Cash Incentive Reservation Form For a limited time, the Southern California Regional Energy Network (SoCaIREN) Public Agency Programs are offering enhanced incentives for heat pump water heater (HPWH) projects that complete construction in 2023.' Complete your HPWH project this year, and SoCaIREN will cover up to 100% of eligible project costs for facilities in underserved areas and up to. 80% of eligible project costs for all other eligible facilities. To reserve your 2023 HPWH incentive, complete the table below detailing the measures being installed at your facility. The incentive payment will be distributed after SoCaIREN approves of submitted incentive application materials which include paid invoices & images of installed equipment. Agency: The City of Seal Beach Project Name and Incentive ID: Various HPWH Replacement Al47CMC1-01 A147 M 1-02 A147CMCl-03 Facility addresses: 1. Beverly Manor - 3101 1/2N Gate Road, Seal Beach, CA 90740 2. City Hall - 211 8th St. Seal Beach, CA 90740 3. Marina Community Center - 151 Marina Dr. Seal Beach CA 90740 Payee name and address: Water Heater Warehouse, 1114 E Truslow Ave. Fullerton, CA 92831 Project energy savings (kWh, kW, therms): 94.847kWh 111.9ri Lev"eat. rr. -" eater Froject Netails Estimated. HPWH Max Agency Anticipated C!uan Scope of Work Project Incentive Amount Construction tity Cost Amount Due to Completion Contractor Date Beverly Manor - 3101 1/2 N Gate Road, Seal Beach, CA 90740 Plumbing: I 50 -gallon heat pump water heater 1 $6,199.00 $6,199.00 $0 (BWRE2H50S10), Contractor Labor 12/20/2023 ' Projects currently pursuing or that recently completed water heater upgrades through utility or utility third party incentive programs are not eligible for incentives on the same equipment through SoCaIREN. z Actual cost quote from contractor mandatory. 3 Construction must be completed in 2023 to receive a bonus incentive. If projects do not complete construction by 12/31/23, SoCaIREN cannot guarantee incentive payment. Hours, fittings, hot and cold flex, earthquake straps, drip pan, and haul away/disposal of old water heater. Electrical: One 30 AMP/240V Circuit Breaker, Electrical Wiring, 0 Conduit, Junction Boxes 1 $3,952.50 $3,952.50 $0 Wire Nuts, Grounding, Equipment, Circuit Labels, Electrical Tape, Labor ❑ Expansion Tank 1 $375.00 $375.00 $0 ❑Q Mixing Valve 1 $425.00 $425.00 $0 ❑ Electrical Panel Upgrade ❑ Other (please describe below) ❑Q Tax (7.75%) $58.29 $58.29 $0 City. Hall - 211 8th St, Seal Beach, CA 90740 Plumbing: 50 -gallon heat pump water heater (BWRE2H50S10), Contractor Labor ❑Q Hours, fittings, hot and cold flex, 1 $6,199.00 $6,199.00 $0 earthquake straps, drip pan, and haul away/disposal of old water heater. Electrical: One 30 AMP/240V Circuit Breaker, Electrical Wiring, 12/20/2023 Q Conduit, Junction Boxes, Wire 1 $4,420 $4.,420 $0 Nuts, Grounding Equipment, Circuit Labels, Electrical Tape, Labor. ❑✓ Expansion Tank 1 $375.00 $375.00 $0 0 Mixing Valve 1 $425.00 $425.00 $0 ❑ Electrical Panel Upgrade ❑ Other (please describe below) ❑✓ Tax (7.75%) $58.04 $58.04 $0 Marina Community Center - 151 Marina Dr, Seal Beach,CA 90740 The agency acknowledges that if the approved eligible HPWH equipment outlined on this form is not installed, all incentives will be forfeited. The agency has 8 weeks from the reservation date to issue a Notice to Proceed to the awarded contractor or the incentive reservation will become null' and void (extensions may be provided). For internal program use only Date Received: 12/12/23 Xj Approved ] Unapproved Plumbing: 50 -gallon heat pump water heater (BWRE2H50S10), Contractor Labor ❑✓ Hours, fittings, hot and cold flex, 1 $6,199.00 $6,199.00 $0 earthquake straps, drip pan, and haul away/disposal of old water heater. Electrical: One 30 AM.P/240V Circuit Breaker, Electrical Wiring, Q Conduit, Junction Boxes, Wire 1 $3,187.50 $3,187.50 $0 Nuts, Grounding Equipment, 12/20/2023 Circuit Labels, Electrical Tape, Labor. Q Expansion Tank 1 $375.00 $375.00 $0 Q Mixing Valve 1 $425.00 $425.00 $0 ❑ Electrical Panel Upgrade ❑ Other (please describe below) Water Line Repipe 1 $1,899.00 $1,899.00 $0 ❑✓ Tax (7.75%) $199.87 $199.87 $0 Total, $34,772.20 $34;772.20. $0 The agency acknowledges that if the approved eligible HPWH equipment outlined on this form is not installed, all incentives will be forfeited. The agency has 8 weeks from the reservation date to issue a Notice to Proceed to the awarded contractor or the incentive reservation will become null' and void (extensions may be provided). For internal program use only Date Received: 12/12/23 Xj Approved ] Unapproved EXHIBIT B TERMS FOR COMPLIANCE WITH CALIFORNIA LABOR LAW REQUIREMENTS 1. This Agreement calls for services that, in whole or in part, constitute "public works" as defined in Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code ("Chapter 1"). Further, Contractor acknowledges that this Agreement is subject to (a) Chapter 1 and (b) the rules and regulations established by the Department of Industrial Relations ("DIR") implementing such statutes. Therefore, as to those Services that are "public works", Contractor shall comply with and be bound by all the terms, rules and regulations described in 1(a) and 1(b) as though set forth in full herein. 2. California law requires the inclusion of specific Labor Code provisions in certain contracts. The inclusion of such specific provisions below, whether or not required by California law, does not alter the meaning or scope of Section 1 above. 3. Contractor shall be registered with the Department of Industrial Relations in accordance with California Labor Code Section 1725.5, and has provided proof of registration to City prior to the Effective Date of this Agreement. Contractor shall not perform work with any subcontractor that is not registered with DIR pursuant to Section 1725.5. Contractor and subcontractors shall maintain their registration with the DIR in effect throughout the duration of this Agreement. If Contractor or any subcontractor ceases to be registered with DIR at any time during the duration of the project, Contractor shall immediately notify City. 4. Pursuant to Labor Code Section 1771.4, Contractor's Services are subject to compliance monitoring and enforcement by DIR. Contractor shall post job site notices, as prescribed by DIR regulations. 5. Pursuant to Labor Code Section 1773.2, copies of the prevailing rate of per diem wages for each craft, classification, or type of worker needed to perform the Agreement are on file at City Hall and will be made available to any interested party on request. Contractor acknowledges receipt of a copy of the DIR determination of such prevailing rate of per diem wages, and Contractor shall post such rates at each job site covered by this Agreement. 6. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. Contractor shall, as a penalty to City, forfeit $200.00 for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the DIR for the work or craft in which the worker is employed for any public work done pursuant to this Agreement by Contractor or by any subcontractor. 7. Contractor shall comply with and be bound by the provisions of Labor Code Section 1776, which requires Contractor and each subcontractor to: keep accurate payroll records and verify such records in writing under penalty of perjury, as specified in Section 1776; certify and make such payroll records available for inspection as provided by Section 1776; and inform City of the location of the records. 8. Contractor shall comply with and be bound by the provisions of Labor Code Sections 1777.5, 1777.6 and 1777.7 and California Code of Regulations, Title 8, Section 200 et seq. concerning the employment of apprentices on public works projects. Contractor shall be responsible for compliance with these aforementioned Sections for all apprenticeable occupations. Prior to commencing work under this Agreement, Contractor shall provide City with a copy of the information submitted to any applicable apprenticeship program. Within 60 days after concluding work pursuant to this Agreement, Contractor and each of its subcontractors shall submit to City a verified statement of the journeyman and apprentice hours performed under this Agreement. 9. Contractor shall not perform work with any Subcontractor that has been debarred or suspended pursuant to California Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. Contractor and subcontractors shall not be debarred or suspended throughout the duration of this Contract pursuant to Labor Code Section 1777.1 or any other federal or state law providing for the debarment of contractors from public works. If Contractor or any subcontractor becomes debarred or suspended during the duration of the project, Contractor shall immediately notify City. 10. Contractor acknowledges that eight hours labor constitutes a legal day's work. Contractor shall comply with and be bound by Labor Code Section 1810. Contractor shall comply with and be bound by the provisions of Labor Code Section 1813 concerning penalties for workers who work excess hours. Contractor shall, as a penalty to City, forfeit $25.00 for each worker employed in the performance of this Agreement by Contractor or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the Labor Code. Pursuant to Labor Code Section 1815, work performed by employees of Contractor in excess of eight hours per day, and 40 hours during any one week shall be permitted upon public work upon compensation for all hours worked in excess of eight hours per day at not less than one and one-half times the basic rate of pay. 11. California Labor Code Sections 1860 and 3700 provide that every employer will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Contractor hereby certifies as follows: "I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract." 12. For every subcontractor who will perform work on the project, Contractor shall be responsible for such subcontractor's compliance with Chapter 1 and Labor Code Sections 1860 and 3700, and Contractor shall include in the written contract between it and each subcontractor a copy of those statutory provisions and a requirement that each subcontractor shall comply with those statutory provisions. Contractor shall be required to take all actions necessary to enforce such contractual provisions and ensure subcontractor's compliance, including without limitation, conducting a periodic review of the certified payroll records of the subcontractor and upon becoming aware of the failure of the subcontractor to pay his or her workers the specified prevailing rate of wages. Contractor shall diligently take corrective action to halt or rectify any failure. 13. To the maximum extent permitted by law, Contractor shall indemnify, hold harmless and defend (at Contractor's expense with counsel reasonably acceptable to City) City, its elected and appointed officials, officers, employees, agents and independent contractors serving in the role of City officials, and volunteers from and against any demand or claim for damages, compensation, fines, penalties or other amounts arising out of or incidental to any acts or omissions listed above by any person or entity (including Contractor, its subcontractors, and each of their officials, officers, employees and agents) in connection with any work undertaken or in connection with the Agreement, including without limitation the payment of all consequential damages, attorneys' fees, and other related costs and expenses. All duties of Contractor under this Section shall survive the termination of the Agreement. EXHIBIT C PROPOSAL (CONTRACTOR'S ACCEPTED PROPOSAL) Water Heater Warehouse Southern California Regional Energy Network 47 Discovery, 250 Irvine, CA 92618 (949) 701-4646 ESTIMATE ESTIMATE #24370 ESTIMATE DATE Nov 16, 2023 SERVICE DATE Nov 8, 2023 TOTAL $11,477.04 SERVICE ADDRESS City of Seal Beach 211 8th St Seal Beach, CA 90740 CONTACT US 1114 E Truslow Ave Fullerton, CA 92831 % (714) 244-8562 ® workordersgwhwllc.com (W ufi ************************ NOTES ******************************** 1.0 $0.00 $0.00 *** PRICING REFLECTS PREVAILING WAGES. PRICING MAY BE ADJUSTED FOR NON -PREVAILING WAGE PROJECTS. *** ELECTRICAL - SUBCONTRACTED TO 4G ELECTRIC Scope of Work: 1.0 $5,200.00 $5,200.00 The scope of work for this project includes the installation of one 30 AMP/240V breakers from the main breaker box to the water heater locations. The installation will adhere to all local electrical codes and safety standards. Materials and Equipment: One 30 AMP/240V Circuit Breakers Electrical Wiring Conduit Junction Boxes Wire Nuts Grounding Equipment Circuit Labels Electrical Tape Labor Water Heater Warehouse I CSLB http://www.thewaterheaterwarehouse.com 1 of 2 #1041460 SERVICES - INSTALLATION - 50 - BRADFORD WHITE HEAT PUMP 1.0 $6,199.00 $6,199.00 LABOR Installation Includes: labor, fittings, hot and cold flex, earthquake straps, drip pan and haul away/disposal of old water heater. WATER HEATER WAREHOUSE WARRANTY 2 year warranty on PARTS and LABOR WATER HEATER 50 gallon water heater / 65" tall x 25" wide Bradford White / Model # BWRE2H50S10 Serial # BRADFORD WHITE WARRANTY 3 year manufacturer warranty on PARTS and TANK. SERVICES - EXPANSION TANK 1.0 $375.00 $375.00 Adding/Replacing Expansion Tank - WATTS PLT -5 WATER HEATERS - INSTALLATION - MIXING VALVE 1.0 $425.00 $425.00 Install a cash acme mixing valve to comply with TECH program requirements. Services subtotal: $12,199.00 Subtotal $12,199.00 ELECTRICAL -$780.00 DISCOUNT Tax (Sales Tax 7.75%) $58.04 Total $115477.04 We greatly appreciate your business! Please make checks payable to: Water Heater Warehouse Water Heater Warehouse ] CSLB http://www.thewaterheaterwarehouse.com 2 of 2 #1041460 Water Heater Warehouse Southern California Regional Energy Network 47 Discovery, 250 Irvine, CA 92618 % (949) 701-4646 ESTIMATE ESTIMATE #24371 ESTIMATE DATE Nov 16, 2023 SERVICE DATE Nov 8, 2023 TOTAL $12,285.37 SERVICE ADDRESS City of Seal Beach 151 Marina Dr Seal Beach, CA 90740 CONTACT US 1114 E Truslow Ave Fullerton, CA 92831 % (714) 244-8562 ® workorders@whwllc.com **************** NOTES ***************************** 1.0 $0.00 $0.00 *'* PRICING REFLECTS PREVAILING WAGES. PRICING MAY BE ADJUSTED FOR NON -PREVAILING WAGE PROJECTS. *** ELECTRICAL - SUBCONTRACTED TO 4G ELECTRIC Scope of Work: 1.0 $3,750.00 $3,750.00 The scope of work for this project includes the installation of one 30 AMP/240V breakers from the main breaker box to the water heater locations. The installation will adhere to all local electrical codes and safety standards. Materials and Equipment: One 30 AMP/240V Circuit Breakers Electrical Wiring Conduit Junction Boxes Wire Nuts Grounding Equipment Circuit Labels Electrical Tape Labor Water Heater Warehouse l CSLB http://www.tliewaterheaterwarehouse.com 1 of 2 #1041460 SERVICES - INSTALLATION - 50 - BRADFORD WHITE HEAT PUMP 1.0 $6,199.00 $6,199.00 LABOR Installation Includes: labor, fittings, hot and cold flex, earthquake straps, drip pan and haul away/disposal of old water heater. WATER HEATER WAREHOUSE WARRANTY 2 year warranty on PARTS and LABOR WATER HEATER 50 gallon water heater / 65' tall x 25" wide Bradford White / Model # BWRE2H50S10 Serial # BRADFORD WHITE WARRANTY 3 year manufacturer warranty on PARTS and TANK. SERVICES - EXPANSION TANK 1.0 $375.00 $375.00 Adding/Replacing Expansion Tank - WATTS PLT -5 WATER HEATERS - INSTALLATION - MIXING VALVE 1.0 $425.00 $425.00 Install a cash acme mixing valve to comply with TECH program requirements. WATER LINE REPIPE 1.0 $1,899.00 $1,899.00 With limited space for this installation, repiping will be required to complete this job. Subtotal Services subtotal: $12,648.00 $12,648.00 ELECTRICAL 15% -$562.50 DISCOUNT Tax (Sales Tax 7.75%) $199.87 Total We greatly appreciate your business! Please make checks payable to: Water Heater Warehouse $12,285.37 Water Heater Warehouse l CSLB http://www.thewaterheaterwarehouse.com 2 of 2 #1041460 Water Heater Warehouse Southern California Regional Energy Network 47 Discovery, 250 Irvine, CA 92618 k, (949) 701-4646 ESTIMATE ESTIMATE #24373 ESTIMATE DATE Nov 16, 2023 SERVICE DATE Nov 8, 2023 TOTAL $11,009.79 SERVICE ADDRESS City of Seal Beach 3101 1/2 N Gate Rd Seal Beach, CA 90740 CONTACT US 1114 E Truslow Ave Fullerton, CA 92831 % (714) 244-8562 ® workorders@whwllc.com ******************** NOTES *************************** 1.0 $0.00 $0.00 *** PRICING REFLECTS PREVAILING WAGES. PRICING MAY BE ADJUSTED FOR NON -PREVAILING WAGE PROJECTS. *** ELECTRICAL - SUBCONTRACTED TO 4G ELECTRIC Scope of Work: 1.0 $4,650.00 $4,650.00 The scope of work for this project includes the installation of one 30 AMP/240V breakers from the main breaker box to the water heater locations. The installation will adhere to all local electrical codes and safety standards. Materials and Equipment: One 30 AMP/240V Circuit Breakers Electrical Wiring Conduit Junction Boxes Wire Nuts Grounding Equipment Circuit Labels Electrical Tape Labor Water Heater Warehouse I CSLB htip://www.thewaterheaterwarehouse.com 1 of 2 #1041460 SERVICES - INSTALLATION - 50 - BRADFORD WHITE HEAT PUMP 1.0 $6,199.00 $6,199.00 LABOR Installation Includes: labor, fittings, hot and cold flex, earthquake straps, drip pan and haul away/disposal of old water heater. WATER HEATER WAREHOUSE WARRANTY 2 year warranty on PARTS and LABOR WATER HEATER 50 gallon water heater / 65" tall x 25" wide Bradford White / Model # BWRE2H50S10 Serial # BRADFORD WHITE WARRANTY 3 year manufacturer warranty on PARTS and TANK. SERVICES - EXPANSION TANK 1.0 $375.00 $375.00 Adding/Replacing Expansion Tank - WATTS PLT --5 WATER HEATERS - INSTALLATION - MIXING VALVE 1.0 $425.00 $425.00 Install a cash acme mixing valve to comply with TECH program requirements. Services subtotal: $11,649.00 Subtotal ELECTRICAL 15% DISCOUNT $11,649.00 -$697.50 Tax (Sales Tax 7.75%) $58.29 Total We greatly appreciate your business! Please make checks payable to: Water Heater Warehouse $11,009.79 Water Heater Warehouse 1 CSLB http://www.thewaterheaterwarehouse.com 2 of 2 #1041460 A`� Dr CERTIFICATE OF LIABILITY INSURANCE ° TYPE OF INSURANCE 12/06/2023 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. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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). PRODUCER STATE FARM MUTUAL INSURANCE COMPANY CONTACT GEORGE E MONTGOMERY 1370 BREA BLVD STE. 150 PNONE .714-556-2296 FARC No).- 714-556-2996 EAnDRess: GEORGE GEORGEEMONTGOMERY.COM StateFarm FULLERTON, CA 92835 INSURER(S) AFFORDING COVERAGE NAIC i INSURER A: State Farm Mutual Automobile Insurance Company 25178 09/07/2023 INSURED WATER HEATER WAREHOUSE LLC 1114 E TRUSLOW AVE INSURERS: State Farm Fire and Casualty Company 25143 INSURER C: f FULLERTON CA 92831-4626 INSURERO: r� INSURER E • 1-1 -11 PERSONAL & ADV INJURY $ 4,000,000 INSURER F:17-111 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC COVERAGES CERTIFICATE NUMBER: REVISION NUMBER - 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. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WV131 POLICY NUMBER POLICY EFF NIMDIYYYY) POLICY EXP (MMfDDNYYYl LIMITS A GENERAL LIABILITY X I COMMERCIAL GENERAL LIABILITY CLAIMS -MADE a OCCUR 1 92 -GE -0982-2 09/07/2023 09/07/2024 EACH OCCURRENCE $ 3,000,000 PREMISES occurrence $ 300,000 MED EXP (Any ane person) $ 5,000 PERSONAL & ADV INJURY $ 4,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC PRODUCTS -COMPIOPAGG $ 6,000,000 $ B AUTOMOBILE LIABILITY ANYAUTO ALL OWNED SCHEDULED AUTOSBODILY NON-OWNED HIRED AUTOS AUT � n656 7038 -C16 -75B 6907391 -F01 -75C 700 8099 -C19 -75C 09/16/2023 12/01/2023 09/19/2023 03/16/2024 06/01/2024 03/19/2024 a. .t) SINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 INJURY (Per,dnt) S 1,000,000AO PROPERTY rrdn$ 1,000,000X A X UMBRELLA LIAB EXCESS LIAR X OCCUR CLAIMS -MADE ❑Y ❑ 92 -GV -RM -8 Business Only 02/07/2023 02/07/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y I N ANY PROPRIETORIPARTNER/EXECUTIVE ❑ OFFICEIMEMBER EXCLUDED? (Mandatory in NH) Ifyes, describe under pEscRipTiON OF OPsRAnONS below NIA ❑ WCSTATU-OTH- TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT 1 $ El El DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (Attach ACORD 101, Additional Remarlm Schedule, If more space Is required) Waiver of Subrogation for auto policy evidenced herein is Primary andNon-Contributory to other insurance available as required by written contract but limited to the operations of the insured under the said contract. 'Please see attached endorsement for Automobile and General Liability. :ERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORDED REPRESENTATIVE P1 988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered ks of ACORD 1001486 132849.8 01-23-2013 AC40RDrCERTIFICATE OF LIABILITY INSURANCE D ATE TYPE OF INSURANCE_IM 12/06/203 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must 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). PRODUCER FARM MUTUAL INSURANCE COMPANY CONTASTATE NAME..- GEORGE E MONTGOMERY 1370 BREA BLVD STE. 150 Stateftm FULLERTON, CA 92835 PHONE . 714-556-2296 1 uc No): 714-556-2996 EA�DMDRREss: GEORGE GEORGEEMONTGOMERY.COM INSURER(S) AFFORDING COVERAGE NAIC S INSURER A: State Farre Mutual Automobile Insurance Company 25178 INSURER B: State Farm Fire and Casualty Company 25143 INSURED WATER HEATER WAREH U ELL 1114 E TRUSLOW AVE INSURER C: FULLERTON CA 92831-4626 INSURER D: INSURER E • ice, INSURER F: (� MED EXP (Any one person) $ 5,000 GUVtFWGES CERTIFICATE NLIMRER! 12MnQlnM wIRA12=O• 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. INSR LTR TYPE OF INSURANCE_IM ADDL SUBR POLICY NUMBER POLICY EFF MIDD POLICY EXP MM/DD I LJMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx—] OCCUR Y [Y] 92 -GE -0982-2 09/07/2023 09/07/2024 EACH OCCURRENCE $ 3,000,000 PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 PERSONAL &ADV INJURY $ 4,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO - JE T LOC PRODUCTS -COMPIOPAGG $ 6,000,000 $ B AUTOMOBILE IxANYAUTO LIABILITY ALL OWNED SCHEDULED AUTOS X AUTOS NON -OWNED HIRED AUTOS AUTOS ❑y FYI 474 6348 -AOI -75B 5393348-E11750 627 4290 -C11 -75C 6303151 -D10 -75D 07/01/2023 11/11/2023 09/11/2023 10/10/2023 01/01/2024 05/11/2024 03/11/2024 04/10/2024 Ea accideEMSINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 BODILYINJURY(Peraccident) $ 1,000,000 PROPERTY DAMAGE Per accident $ 1,000,000 A X UMBRELLA LIABX EXCESS LI1B OCCUR CLAIMS -MADE 1Y ❑ 92 -GV -RM -8 Business Only 02/0712023 02/07/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED RETENTION $ $ WORKERS COMPENSATIONWC AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNERtEXECUTIVE OFFICEIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA ❑ STATU- OTH- T RY LI E E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if morn space Is required) CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE 14988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered ks of ACORD 1001486 132849.8 01-23-2013 �1 ^C:"J?AExCERTIFICATE OF LIABILITY INSURANCE °122/06/2023 TYPE OF INSURANCE ADOL 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. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pol(cy(ies) must be endorsed. If SUBROGATION IS WANED, subject to the terns 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). PRODUCER STATE FARM MUTUAL INSURANCE COMPANY 1370 BREA BLVD STE. 150 StateFarm FULLERTON, CA 92835 04. CONTACT GEORGE E MONTGOMERY PHONE , 714556-2296ac No :714-556-2996 XERES& GEORGE GEORGEEMONTGOMERY.COM INSURE S AFFORDING COVERAGE NAIL # A: State Farm Mutual Automobile Insurance Company 25178 INSURER B: State Farm Fire and Casualty Company 25143 --------------INSURER INSURED WATER HEATER WAREH U E LL 1114 E TRUSLOW AVE FULLERTON CA 92831-4626 INSURER C: f. INSURER 0: INSURER E • Fes, EACH OCCURRENCE $ 3,000,000 INSURER F • Imo, VVYCR/AOCJ CER1 WiGATE NUMBER: OMMMiAsi M"UMCO. 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. INSR LTR TYPE OF INSURANCE ADOL SUBR POLICY NUMBER PSD EFF POM1uDD EXP LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE ❑X OCCUR FY Y1 92 -GE -0982-2 09/07/2023 09/07/2024 EACH OCCURRENCE $ 3,000,000 DAMAGE TO REN`Ir0__ PREMISES Ea occurrence $ 300,000 MED EXP (Any one parson) $ 5,000 PERSONAL &ADV INJURY $ 4,000,000 GENERAL AGGREGATE $ 6,000,000 GEN'L AGGREGATE LIMIT APPLIES PER-- POLICY SEC LOC E T LOC PRODUCTS -COMP/OPAGG $ 6,000,000 $ B AUTOMOBILE X X I LIABILITY ANYAUTO ALL OWNEDSCHEDULED AUTOS %� AUTOS NON -OWNED HIRED AUTOS AUTOS FY Y726 7232 -B11 -75A 7477251-C22-75 764 7994-CO3-75 7647995-CO3-75 08/01/2023 09/22/2023 09/03/2023 09/03/2023 02/01/2024 031=024 03/03/2024 03/03/2024 Ea acccIiden SINGLE LIMIT $ BODILY INJURY (Per person) $ 1,000,000 BODILY INJURY Perarxident ( ) $ 1,000,000 PROPERTY DAMAGE (Para ccident $ 1,000,000 $ A X UMBRELLA LIAB EXCESS LUIB X OCCUR CLAIMS -MADE ❑Y 92-GV-RSQ-8 Business Only 02/07/2023 02/07/2024 EACH OCCURRENCE $ 1,000,000 AGGREGATE $ 1,000,000 DED I I RETENTION $ Is WORIO RS COMPENSATIONWC AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETORIPARTNEWEXECUTNE OFFICEIMEMBER EXCLUDED? (Mandatory in NH) Ifyes, describe under DESCRIPTION OF OPERATIONS below NIA I ElE.L. STATU- OTH- Y LIMI E E.L. EACH ACCIDENT $ DISEASE - EA EMPLOYE $ E.L. DISEASE -POLICY LIMIT $ F-1 El DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more apace is required) CERTIFICATE HOLDER CANCELLATION City of Seal Beach SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 211 8th Street THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Seal Beach, CA 90740 AUTHORIZED REPRESENTATIVE Wh 988-2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010105) The ACORD name and logo are registered Aks of ACORO 1001486 132849.8 01-23-2013 ACORD�' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/05/2023 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 ORALTER 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. IMPORTANT- If the certificate holder is an ADDITIONAL INSURED, the policy(les) 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). PRODUCER CONTACT CSR Nabati NAME: Capital Providers InsuranceaH/cNNu Ext : (818) 676-0016 AX No : (818) 676-0015 License #OH52316 E-MAIL ADDRESS: 20750 Ventura Blvd., Ste 305 PREMISES Ea occurrence S INSURER(S) AFFORDING COVERAGE NAIC # Woodland Hills CA 91364 INSURERA: Palomar Specialty Insurance Company 20338 INSURED INSURER B: Water Heater Warehouse LLC MED EXP (Any one person) $ INSURER C: 1114 E Truslow Ave INSURER D : INSURER E : Fullerton CA 92831 INSURER F: COVERAGES CFRTIFICATF NIIMRFR• Z3 Z4 VVI: IVIA61 InK 0 %netnki K111eeecn. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMEDABOVE 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. INSR LTR TYPE OF INSURANCE AUUL INSD 5UUK WVD POLICYNUMBER POLICY EFF MM/DD POLICY EXP MM/DD LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S PREMISES Ea occurrence S CLAIMS -MADE D OCCUR MED EXP (Any one person) $ PERSONAL&ADV INJURY $ GEN'LAGGREGATE LIMITAPPLIES PER: POLICY PRO JECT LOC GENERALAGGREGATE S PRODUCTS-COMP/OPAGG S S OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S Ea accident ANYAUTO BODILY INJURY (Per person) S OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOSONLY PROPERTY DAMAGE Per accident $ $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB CLAIMS -MADE AGGREGATE S DED I I RETENTION $ S A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y❑NIA OFFICERIMEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y PSIC0701207402 08/18/2023 08/18/2024 X STIN ATUTE ERH E.L. EACH ACCIDENT S 1,000,000 E.L. DISEASE -EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT S 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mon: space is required) City of Seal Beach 211 8th Street Seal Beach CA 90740 I SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 26 (2016103) The ACORD name and logo are registered marks of ACORD WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC ON 04 WS A (Ed. 01-19) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT—CALIFORNIA We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Blanket Waiver: The additional premium for this endorsement shall be 2% of the California workers' compensation premium otherwise due on such remuneration. Specific Waiver: The additional premium for this endorsement shall be 5% of the California workers' compensation premium otherwise due on such remuneration. Schedule Person or Organization Job Description Blanket Waiver of Subrogation As respects to all CA jobs performed by the named insured during the policy period where by written contract a waiver of subrogation is required prior to the commencement of work. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective: 08/18/2023 Insured Water Heater Warehouse, LLC WC ON 04 WS A (Ed. 01-19) Print Date: 8/17/2023 Policy No.: PSIC07012074 - 02 Endorsement No.: Insurance CompanyPalomar Specialty Insurance Company d�tCountersigned By �� Policy No.: 92 -GE -C982-2 FE -6609 fT.Tf R.Y SECTION 11 ADDITIONAL INSURED ENDORSEMENT INfUl.NC� Policy No.: 92 -GE -C982-2 Named Insured: WATER HEATER WAREHOUSE LLC 1114 E TRUSLOW AVE FULLERTON CA 92831-4626 Additional Insured (include address): City of Seal Beach 211 8th Street Seal Beach, CA 90740 WHO IS AN INSURED, under SECTION If DESIGNATION OF INSURED, is amended to include as an insured the Additional Insured shown above, but only to the extent that liability is imposed on that Additional Insured solely because of your work performed for that Additional Insured shown above. Any insurance provided to the Additional Insured shall only apply with respect to a claim made or a suit brought for damages for which you are provided coverage. The Primary Insurance coverage below applies only when there is an "X" in the box. ® Primary Insurance. The insurance provided to the Additional Insured shown above shall be primary insurance. Any insurance carried by the Additional Insured shall be noncontributory with respect to coverage provided to you. All other policy provisions apply. FE -6609 Printed in U.S.A. FE -6671 Page 1 of 1 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US SCHEDULE Policy Number: 92 -GE -C982-2 Named Insured: WATER HEATER WAREHOUSE LLC 1114 E TRUSLOW AVE FULLERTON CA 92831-4626 Name and Address of Person or Organization: City of Seal Beach 211 8th Street Seal Beach, CA 90740 The following is added to Paragraph 10. b. of SECTION I AND SECTION II — COMMON CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the Schedule because of payments we make for injury or damage arising out of: a. Your ongoing operations; or b. Your work done under contract with that person or organization and included in the products - completed operations hazard. This waiver applies only to the person or organization shown in the Schedule. All other policy provisions apply. FE -6671 ©, Copyright, State Farm Mutual Automobile Insurance Company, 2008 Includes copyrighted material of Insurance Services Office, Inc., with its permission. FE -6671 Printed in U.S.A. (04/09)