HomeMy WebLinkAboutC-2898 - Water Conservation - Hyatt Newporter Hotel Shower Head RetrofitCITY OF NEWPORT BEACH
OFFICE OF THE CITY CLERK
P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915
(714) 644 -3005
TO: FINANCE DIRECTOR
FROM: CITY CLERK
DATE: April 13, 1992
SUBJECT: Contract No. C -2898
Description of Contract Cooperative Water Conservation
Project Agreement (Hyatt Newporter Hotel Shower Head Retrofit)
Effective date of Contract November 1. 1991
Authorized by Minute Action, approved on March 9. 1992
Contract with Orange County Sanitation Districts
Address P.O. Box
Fountain Valley, CA 92728 -8127
Amount of Contract (See Agreement)
" s e
Wanda E. Raggio
City Clerk
WER:pm
Attachment
3300 Newport Boulevard, Newport Beach
BY THE CITY COUNCIL
CITY OF NEWPORT BEACH
F;
APPROVED
TO: CITY COUNCIL
FROM: Utilities Department
46
March 9, 1992
CITY COUNCIL AGENDA
ITEM NO. F " 3 (d,)
G - ZS9f
SUBJECT: COOPERATIVE WATER CONSERVATION PROJECT AGREEMENT
COUNTY SANITATION DISTRICTS OF ORANGE COUNTY ( CSDOC)
HYATT NEWPORTER HOTEL SHOWER HEAD RETROFIT
RECOMMENDATIONS:
Approve a Cooperative Agreement with the CSDOC for
a Water Conservation Project to provide a low flow
shower head retrofit program for the Hyatt Newporter
Hotel in Newport Beach.
2. Authorize the Mayor and City Clerk to execute the
Agreement on behalf of the City.
DISCUSSION:
In June 1991, the "Conservation, Recycle & Reuse Committee"
of CSDOC approved a request from the Hyatt Newporter Hotel in Newport
Beach to participate in a cooperative water conservation retrofit program.
The City's Utilities Committee reviewed and approved the proposed
program Agreement at their meeting in December 1991.
The retrofit program Agreement will provide for installation
of 410 low flow shower heads in the Hyatt Newporter. CSDOC, the
Metropolitan Water District of Southern California (MWD) and the City of
Newport Beach will share equally in the cost of the shower heads. The
Hyatt Newporter will provide the labor for installation.
The Cost to the City will be less than $500.00, plus
administrative efforts. The estimated water saved by this project will be
2.92 million gallons per year.
The program Agreement is attached as Exhibit "A' and is
recommended for approval.
Jeff Staneart, P.E.
(Acting) Utilities Director
JS: sdi
Attachments: Exhibit "A ": Cooperative Water Conservation Project Agreement
r
c1tY CLERK OQ161NAi
COOPERATIVE WATER CONSERVATION PROJECT AGREEMENT
This Agreement is made and entered into as of November 1,
1991, by and between:
PAN
COUNTY SANITATION DISTRICT NO. 1 OF ORANGE COUNTY,
CALIFORNIA, acting for itself and on behalf of County
Sanitation Districts Nos. 2, 3, 5, 6, 7, 11, 13 and 14
of Orange County, California, hereinafter referred to
as "District ",
THE CITY OF NEWPORT BEACH (hereinafter referred to as
"Newport ").
RECITALS
A. WHEREAS, Newport has entered into agreement with
Metropolitan Water Districts of Southern California (hereinafter
referred to as "MWD "), which agreement is evidenced by certain
letters of agreement attached hereto at Exhibit "A" (hereinafter
referred to as the "Letters of Agreement ");
B. WHEREAS, the Letters of Agreement provide for the
implementation of a water demand reduction pilot project to
retrofit the Hyatt Newporter Hotel with low -flow showerheads which
project shall be conducted by Newport in conjunction with the Hyatt
Newporter Hotel and contributed to by Newport and MWD (the "LFS
Project ");
C. WHEREAS, Newport has funded Two Hundred Fifty Dollars
($250) in monetary support for the LFS Project and will provide
administrative support as deemed necessary by Newport for the
implementation of the project;
D. WHEREAS, Newport has requested District's
participation in the LFS Project in the form of monetary
contribution to the LFS Project;
E. WHEREAS, District has determined that the
implementation of water conservation measures reduces the volume of
wastewater produced in its service areas and results in cost
savings for wastewater treatment and has determined that it is
mutually beneficial to District to participate jointly with Newport
in the LFS Project;
F. WHEREAS, District has in place a cooperative program
to participate with other public entities in implementing water
13CM: jab: N3:12109) (1023.jab) —I-
conservation projects with the goal of reducing increases in
wastewater flows within its service area and documenting such
reduction (the "Water Conservation Program ");
G. WHEREAS, District, through its Water Conservation
Program, has agreed to provide monetary support to the LFS Project
at a cost not to exceed Two Hundred Fifty Dollars ($250);
H. WHEREAS, District's Board of Directors approved this
Agreement between District and Newport as noted in the Minutes of
the Regular Joint Meeting of the Boards of Directors of District.
NOW, THEREFORE, in consideration of the premises and mutual
benefits which will result to Newport and District in carrying out
the terms of this Agreement, it is mutually agreed as follows:
I. DEFINITIONS
A. "MWD Participation" shall mean the monetary assistance
to the LFS Project to be provided under the Letters of Agreement in
a total amount of Five Hundred Dollars ($500).
B. "Local Agency Participation" shall mean the
contributions of District's member agencies to the Water
Conservation Program, which may be allocated to reimbursement of
District's costs in participating in the LFS Project.
II. SCOPE OF LFS PROJECT
The LFS Project shall be conducted by The Hyatt Newporter
Hotel in conjunction with Newport between November 1, 1991 and
January 1, 1992 in accordance with the conditions of Agreement
detailed in Section III below, and shall consist of the labor and
materials necessary to install four hundred (400) low -flow
showerheads in the guest rooms of the Hyatt Newporter Hotel.
III. CONDITIONS OF AGREEMENT
Newport shall supply the Hyatt Newporter Hotel with four
hundred (400) low -flow showerheads and verify the installation of
the low -flow showerheads in accordance with the conditions below,
which are material to the proper completion of the LFS Project and
District's participation therein, as follows:
A. Newport shall take all steps necessary to insure the
participation and cooperation of the Hyatt Newporter Hotel in the
installation of the low -flow showerheads.
B. Newport shall provide qualified personnel as necessary
to implement the LFS Project.
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C. Newport shall provide all equipment and supplies
necessary to undertake and complete the LFS Project.
D. Newport shall determine the water conservation
education necessary for the safe installation and use of the low -
flow showerheads and shall provide the Hyatt Newporter Hotel with
such information.
E. Newport shall be solely responsible for payment of all
capital and operating costs incurred in connection with the LFS
Project.
F. Newport shall maintain accurate accounts of LFS
Project expenses, including but not limited to, the costs of staff,
equipment and supplies.
G. Newport shall make available for inspection, on
reasonable advance written notice, all records or documents related
to the LFS Project. Additionally, Newport shall provide reasonable
assistance to District in the review of similar materials in the
possession and control of the Hyatt Newporter Hotel.
H. Newport shall
opportunity to verify through
the low -flow showerheads at
secure a commitment from th
inspection.
I. Newport shall
Newporter Hotel to undertake
reasonable time period.
provide District with a reasonable
inspection the actual installation of
the Hyatt Newporter Hotel and shall
e Hyatt Newporter Hotel to allow such
secure a commitment from the Hyatt
and complete the LFS Project within a
J. Newport shall secure from the Hyatt Newporter Hotel
for the benefit of District a hold harmless promise agreeing to
save, indemnify and keep District harmless against any and all
liability, claims, judgment, costs and demands, including demands
arising from injuries or deaths of persons and damage to property,
arising directly or indirectly out of the negligence or willful
misconduct of the Hyatt Newporter Hotel or its agents, employees or
subcontractors in connection with the LFS Project, and further
agreement of the Hyatt Newporter Hotel to reimburse District for
any expenditure, including reasonable attorneys' fees, which the
District may incur by reason of such matters, and if requested by
District, the Hyatt Newporter Hotel shall defend any such suit at
its own cost and expense.
IV. TERM OF AGREEMENT
Newport shall begin the LFS Project as soon as possible
following the execution hereof. Notwithstanding the preceding
sentence, Newport shall use its best efforts to work with the Hyatt
Newporter Hotel to begin the LFS Project within sixty (60) days
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• •
following the execution of this Agreement. Newport shall provide
immediate written notice to District of the actual start date of
the LFS Project (the "Project Start Date ").
V. DISTRICT CONTRIBUTION
In consideration of Newport's implementation of the LFS
Project in accordance with the terms of this Agreement District
shall provide cost contribution to Newport, as follows:
A. Following District's receipt of Newport's written
notice of the Project Start Date, District shall pay Newport Two
Hundred Fifty Dollars ($250). Newport acknowledges that District's
contribution is calculated on a presumption of Newport's purchase,
distribution and verification of installation of four hundred (400)
low -flow showerheads.
B. District's obligation to make the monetary
contribution detailed herein is subject to MWD participation and
Newport shall immediately notify District if MWD withdraws from
contribution for any reason.
VI. CONTRIBUTION FROM OTHER SOURCES
The Parties acknowledge that District may enter into
agreements for Local Agency Participation in the LFS Project.
Newport shall provide information and documentation related to the
LFS Project to any local agency participant as requested by
District. However, District shall provide photocopy services as
necessary in connection with any District request. Local Agency
Participation shall not reduce District's contribution nor shall
Newport's performance be contingent on Local Agency Participation.
VII. OWNERSHIP
Newport shall be the sole and exclusive owner of all
materials and equipment supplied by it for use in the LFS Project.
District shall have no ownership right, title or security interest
in the materials, equipment, or facilities of Newport used in
connection with the LFS Project.
VIII. INSURANCE
Newport shall provide insurance as stated below or shall
require that the Hyatt Newporter Hotel provide evidence of such
insurance, as follows:
A. Worker's Compensation insurance in minimum statutory
amounts of coverage as required by the Labor Code of the State of
California, which coverage shall remain current and applicable to
all employees of the Hyatt Newporter Hotel or any agent or
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subcontractor thereof who may be responsible for installing and
testing the low -flow showerheads.
B. Comprehensive general liability insurance with coverage
for bodily injury, including death therefrom, property damage and
products liability, in a sum not less than a combined single limit
of One Million Dollars ($1,000,000) per occurrence with a general
policy aggregate of Two Million Dollars ($2,000,000), which
coverage shall remain current and applicable to all activities of
The Hyatt Newporter Hotel and its agents or employees or any
subcontractor or its employees hired to conduct the LFS Project.
General Liability Insurance procured or maintained in compliance
with this Subsection B shall include broad form property damage,
severability of interest or cross - liability and personal injury
insurance (provided, however, that any employee exclusion must be
deleted).
C. Insurance procured or maintained in compliance with
this Agreement shall be issued and underwritten by insurance
companies having an "A" policy rating and a financial rating not
less than Class VII in accordance with the Best's Guide Rating and
shall be licensed by the State of California to issue the lines of
insurance specified.
IX. DISPUTES
Unless otherwise specified herein, any dispute over a
question of fact arising under this Agreement, which cannot be
resolved by agreement between the parties, may be, by mutual
consent of the parties, submitted to a "Board of Arbitration"
consisting of three (3) arbitrators having expertise relating to
subject matter of this Agreement, one of whom shall be selected by
each of the parties, and the third by the two arbitrators selected
by the parties.
X. LAWS TO BE OBSERVED
Newport warrants that under the performance of this
Agreement, it shall comply with all applicable federal, state and
local laws and ordinances, and all lawful orders, rules and
regulations thereunder.
XI. TERMINATION
Newport and District may terminate this Agreement if the
other fails to perform in accordance with the terms of this
Agreement or there is otherwise a breach of a condition hereof.
Termination shall occur by written notice to the other party,
thirty (30) days prior to date of termination thereof. Newport
expressly waives any claim to receive contribution from District
for low -flow showerheads installed after the date of termination.
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0
XII. ASSIGNMENT AND SUBCONTRACTORS
E
Neither this Agreement nor any interest herein or any claim
hereunder may be assigned by Newport either voluntarily or by
operation of law. No consent shall be deemed to relieve Newport of
its obligations to comply fully with requirements hereof.
XIII. LABOR STANDARDS
Newport certifies, by the execution of this Agreement, that
it pays employees not less than the minimum wage as defined by law,
and that it does not discriminate in its employment with regard to
race, color, religion, sex, or national origin; that it is in
compliance with all federal, state and local directives and
executive orders regarding nondiscrimination in employment; and
that it agrees to demonstrate positively and aggressively the
principle of equal opportunity in employment.
XIV. HOLD HARMLESS PROVISION
Newport agrees to save, indemnify and keep the District
harmless against any and all liability, claims, judgments, costs
and demands, including demands arising from injuries or death of
persons and damage to property, arising directly or indirectly out
of the negligence or wilful misconduct of Newport arising in
connection with the LFS Project. Further, Newport will reimburse
the District for any expenditure, including reasonable attorneys'
fees, the District may incur by reason of such matters, and if
requested by the District, will defend any such suits at the cost
and expense of Newport.
XV. INDEPENDENT CONTRACTOR CAPACITY
Newport and any agent, subcontractor or employee of Newport,
shall act in an independent contractor capacity and not as an
officer or employee of District. District assumes no liability for
Newport's action and performance, nor responsibility for taxes,
funds, payments, or other commitments, implied or expressed, by or
for Newport. Newport shall not have authority to act as an agent
on behalf of District unless specifically authorized to do so in
writing by District.
XVI. SEVERABILITY
If any section, subsection, or provision of this Agreement,
or any agreement or instrument contemplated hereby, or the
application of such section, subsection, or provision is held
invalid, the remainder of this Agreement or instrument, in the
application of such section, subsection or provision to persons or
circumstances other than those to which it is held invalid, shall
not be affected thereby, unless the effect of such invalidity shall
be to substantially frustrate the expectations of the parties.
0
XVII. NOTICES
All notices to be given by either party to the other shall
be in writing and shall be deemed to have been duly given if
delivered personally, or, if mailed, upon the third business day
following the date of mailing by certified or registered mail,
return receipt requested, and addressed as follows:
"District"
County Sanitation District No. 1 of
Orange County, California
P.O. Box 8127
Fountain Valley, CA 92728 -8127
Attention: Mr. J. Wayne Sylvester, General Manager
"Newport"
City of Newport Beach
3300 Newport Boulevard
Newport Beach, CA 92663
Attention: City Clerk
XVIII. ENTIRE AGREEMENT
This Agreement represents the entire and integrated
agreement between District and Newport concerning the LFS Project,
and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended
only by written instrument signed by the party charged to be bound
thereby.
XIX. GOVERNING LAW
This Agreement and any consultant or subcontractor agreement
entered into by Newport pursuant to this Agreement or the
Conservation Credits Agreement shall be governed by the laws of the
State of California and the venue of any action shall be in Orange
County, California.
XX. ATTORNEYS' FEES
In any court proceeding brought by one party hereto against
the other to enforce or interpret the terms of this Agreement, or
to resolve any dispute concerning any part of the LFS Project, the
party prevailing in such proceeding shall be entitled, in addition
to such other relief as the court may grant, to an award of its
costs, including the reasonable fees and disbursements of its
attorneys.
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XXI. WAIVER
P
The waiver of either party of any breach or violation of, or
_ default under, any provision of the
{_iaA Agreement, shall not be deemed a continuing waiver by such
,b party of any other provision or of any subsequent breach or
violation of this Agreement or default thereunder.
0:0 a8�a214arej 7ui1&4@6
Time is of the essence in the performance of the provisions
hereof.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement on April 7, 1992. , k2ib . ,a
I
"DISTRICT" COUNTY SANITATION DISTRICT NO. 1 OF
ORANGE COUNTY, CALIFORNIA, acting for
itself and on behalf of County Sanitation
Districts s. 2�, 3, , 6, 7, 11, 13 and
14 of Ora e CounKaXifornia.
q
am
APPROVED AS TO FORM:
THOMAS L. WOODRUFF,
ROURKE & WOODRUFF,
DISTRICT COUNSEL
"Newport" CITY OF NEWPORT BEACH
By:�
M
CITY A NEY
By
, General Manager
EXHIBIT "A"
LETTER 1
Exhibit "A"
Letter 1
• 0
CITY OF NEWPORT BEACH
P.O. BOX 1768, NEWPORT BEACH, CA 92659.1768
October 21, 1991
UTILITIES DEPARTMENT
644-3011
Mr, Matthew Puffer
Metropolitan Water District
1111 Sunset Blvd., Box 54153
Los Angeles, CA 90054 -0153
Dear Mr. Puffer:
Thank you for your assistance with the Hyatt Newporter showerhead retrofit
program. As discussed, the program is a joint effort between MWD; the
Hyatt, the City of Newport Beach and the County Sanitation Districts of
Orange County.
The Hyatt Newporter, at 1107 Jamboree Road, has 410 rooms. Ten of these
rooms already utilize low -flow showerheads. This program proposes to
retrofit the remaining 400 rooms with MWD- supplied low -flow
showerheads. The Hyatt Newporter is prepared to install the showerheads
immediately upon receipt and the City is prepared to verify installation.
A conservative estimate by CSDOC is that the Hyatt Newporter showerhead
retrofit program will save 2.92 million gallons per year in both water and
sewer flow.
Plehse fill Purchase Order # 37649 for 400 showerheads at $1.25 each. To
provide for hotel guest use, it is requested that the showerheads do not have
the on /off switch. Let the know what additional information you may need
and, again, thank you for MWD's participation..
Sin er ly,
Robert J. Dixon
Utilities Director
Carolyn Bruskin, Prindpal Environmental Specialist, CSDOCC
Barry Walker, Director of Engineering. Hyatt Newporter
3300 Newport Boulevard, Newport Beach
a
EXHIBIT "A"
LETTER 2
Exhibit "A"
Letter 2
11 MWD
MfTROPOL /TAN WATER 0 /STRICT OF SOUTHERN CAL /FURN /A
Office of the 6e11er3l Manages
February 3, 1992
Ms. Cathy Fisher
Drought Assistant
City of Newport Beach
P.O Box 1768
Newport Beach, California 92659
Dear Ms. Fisher:
This letter is to confirm the participation of
Metropolitan Water District of Southern California (Metropolitan)
with the City of Newport Beach (Newport Beach) in a
Water -Wise project. This project is a joint effort between
Metropolitan, the Hyatt Newporter, the City of Newport Beach and
the County Sanitation Districts of Orange County.
Metropolitan has provided 400 showerheads at $1.25
each, purchased under Purchase Order #37649. The showerheads are
to be installed in the Hyatt Newporter guest rooms.
Should you need more information, please call me at
(213) 250 -6621.
MDP:aw:newport.ww
cc: Carolyn Bruskin
CSDOC
Very tru'-h-�y y9 rs,
Matthew D. Puffer
State Water Project and
Conservation Division
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