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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. -2- • • 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 -3- • • 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 afl 0 0 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. -5- 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. -7- 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 -5.1153. L.., ;mpl is, D,,Hoinll 9[1- . -...r :n 1 211 2':l JGGG