HomeMy WebLinkAboutAgenda Report - July 6, 2016 C-08TM
CITY OF LODI
COUNCIL COMMUNICATION
AGENDA ITEM L. •
AGENDA TITLE: Accept Improvements Under Contract for Michael David Winery Force Main Project
MEETING DATE: July 6, 2016
PREPARED BY: Public Works Director
RECOMMENDED ACTION: Accept improvements under contract for Michael David Winery Force
Main Project.
BACKGROUND INFORMATION: On November 19, 2014, Council authorized the City Manager to
execute a Winery Waste Water Pipeline Agreement (Agreement), as
reflected in Exhibit A, with the Michael David Winery (Winery). The
Agreement authorizes the annual discharge of up to 10 million gallons of winery wastewater to the White
Slough Water Pollution Control Facility by connecting to the City's industrial waste outfall pipeline. The
connection is expected to eliminate up to 1,500 truck trips per year.
This project consisted of trenching and installing approximately two miles of 8 -inch force main and other
incidental and related work. Pictures of the work are included in Exhibit B, and the overall alignment of the
force main is presented in Exhibit C. The work was performed under an encroachment permit from San
Joaquin County Public Works Department.
The contract was completed within the contract schedule. The original contract amount was $831,600. The
final contract price was $874,832.24. The difference between the contract amount and the final contract
price is due to two contract change orders. Both Change Orders No. 1 and No. 2, totaling $43,232.24,
included pipe alignment changes due to unforeseen underground utility conflicts and additional field work
required by San Joaquin County under the County's encroachment permit.
The Winery paid all costs associated with the planning, designing, environmental review, and construction,
and will pay all costs associated with operation and maintenance of the pipeline, including a surcharge of
150 percent for annual sewer service charges for service outside the City limits in accordance with Lodi
Municipal Code Section 13.12.150.
Following acceptance by the City Council, as required by law, the City Engineer will file a Notice of
Completion with the County Recorder's office. The notice serves to notify vendors and subcontractors that
the project is complete and begins their 30 -day period to file a stop notice requiring the City to withhold
payments from the prime contractor in the event of a payment dispute.
Pursuant to the Agreement, the previously executed Michael David Winery Industrial Waste Connection
Memorandum of Understanding (MOU) and Amendment No. 1 of the MOU (Exhibit D) will no longer be in
force upon the pipeline becoming operational.
APPROVED:
eph�n Schwb: er, City Manager
K:\WP\PROJECTS\SEWER\Michael David Winery\WashWater Forcemain ProjecnCAccep! MDW.doc
6/29/16
Accept Improvements Under Contract for Michael David Winery Force Main Project
July 6, 2016
Page 2
FISCAL IMPACT:
FUNDING AVAILABLE:
All associated maintenance cost of the pipeline and structures will be
reimbursed by Michael David Winery per the Agreement.
Wastewater Capital (53199000)
Charles E. Swimley, Jr.
Public Works Director
Prepared by Lyman Chang, City Engineer
CS/LC/tdb
Attachments
Cc: Utility Manager
City Attorney
Public Works Management Analyst
Vinciguerra Construction
Michael David Winery
K:\WP\PROJECTS\SEWER\Michael David Winery\WashWater Forcemain Project\CAccept MDW.doc 6/20/16
WINERY WASTE WATER PIPELINE AGREEMENT
This Agreement is entered into this X.41'Jay ofb,nua.t 2016 (the "Effective Date"), between Phillips
Farms, LLC dba Michael David Winery ("Winery") and thetITY OF LODI ("City"), a municipal corporation,
organized and existing under the laws of the State of California.
Recitals
This Agreement is predicated on the following findings:
A. Winery is the owner of a Wine Production Facility located at 4580 W. Highway 12, Lodi,
California, APNs 055-160-29, 41, 50 and 51, which is outside the corporate limits of City.
B. City is a municipal corporation that owns and operates the City of Lodi White Slough Water
Pollution Control Facility ("Treatment Plant").
C. As more fully detailed in Ordinance No. 1764, the City, through its General Plan is
committed to encouraging agricultural uses in the area surrounding the City and
discouraging urban uses. Providing industrial sewer services to wineries encourages
agricultural uses by making them more economical.
D. Pursuant to a March 15, 2006 agreement, Winery trucks waste water to the Treatment
Plant. The 2006 agreement and subsequent amendments enable Winery to send up to 1.5
million gallons per year of industrial waste water per year, to the Treatment Plant.
E. Winery's land use approvals allow it to expand to its winery production operations. With
this expansion, Winery will produce up to 10 million gallons per year of waste water related
to the production of wine. Winery needs to dispose of this waste water.
F. City is willing to accept up to 10 million gallons per year of waste water from Winery,
pursuant to the terms of this Agreement, if the waste water can be delivered to the City's
Treatment Plant through a Pipeline, rather than through more trucks which have related
traffic and pollution impacts.
G. The proposed Pipeline will be located in existing San Joaquin County rights of way between
the Winery property and the Treatment Plant. San Joaquin County requires City own the
Pipeline and obtain a County encroachment permit for the Pipeline.
H. City and Winery entered into a Reimbursement Agreement dated January 7, 2014 to
facilitate the permitting and environmental review of a possible Pipeline from the Winery to
the City's Industrial Waste Outfall pipeline. Winery also engaged Kjeldsen Sinnock Neudeck,
Inc., an engineering firm, to provide a design and cost estimate for the proposed Pipeline,
attached hereto collectively as Attachment 1 and incorporated herein.
The parties now desire to enter into this Agreement to (1) provide for the financing,
permitting and construction of the Pipeline, and (2) enable Winery to deliver up to 10
million gallons per year of Winery waste water to the City's Treatment Plant through the
Pipeline.
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For valuable consideration, including the mutual obligations set forth herein, the parties agree
as follows:
AGREEMENT
1. Definitions. Unless otherwise defined in this Agreement, all capitalized terms will have the
definitions ascribed to them in Lodi Municipal Code Section 13.12.020.
a. "Pipeline" means the industrial waste water pipeline depicted on Exhibit A that will be
used to deliver the Winery's waste water to the City's White Slough Water Pollution
Control Facility.
b. "Winery waste water" means the industrial waste water generated as part of the
Winery's wine making and barrel facility operations and shall not include any sanitary
waste.
c. "Excess Capacity" in the Pipeline refers to space available in the Pipeline from time to
time that is not being used by the Winery. Excess Capacity may be in varying amounts
and in varying durations depending on Winery's production of Winery waste water.
d. "Treatment Plant" means the City of Lodi White Slough Water Pollution Control Facility.
e. "Downtown Lodi" means the area bordered by Church Street, Lodi Avenue, Union
Pacific Railroad and Lockeford Street.
2. Design, Permitting and Construction of Pipeline
a. The City shall construct and own the Pipeline in accordance with the design plans and
cost estimate collectively attached hereto as Attachment 1. The Pipeline shall be sized
to accommodate up to 10 million gallons per year of Winery waste water.
b. The Pipeline will be located within an existing San Joaquin County ("County") road right-
of-way as shown on Exhibit A. The City will obtain any necessary encroachment permit
from the County to locate the Pipeline in the County road right-of-way, as well as any
other regulatory approvals required to construct and operate the Pipeline.
c. The City will conduct any necessary environmental review for the Pipeline, including any
review required under the California Environmental Quality Act ("CEQA"). The City will
be the lead agency for any required CEQA review.
d. Winery shall reimburse City for all costs related to (1) planning, design and construction
of the Pipeline, (2) all necessary permits for the construction of the Pipeline, and
(3) environmental review costs associated with the Pipeline, as set forth in section 4
below.
3. Construction Bids and Change Orders. The City will solicit bids from the public for the
construction of the Pipeline in accordance with the design attached hereto as Exhibit A. The
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City will provide Winery with copies of all accepted bids and provide Winery with the
opportunity to comment on the bids. The City will award the contract for the construction
of the Pipeline to the lowest responsible bidder that is responsive to the solicitation for bids,
City shall instruct bidders that owners of properties abutting the Pipeline must be advised of
the construction no later than 30 -days prior to the commencement of construction and
insure that construction activities do not adversely impact farming operations on properties
abutting the Pipeline.
The construction contract for the Pipeline shall include a change order process for approval
of any expenses beyond the original approved bid. All requested change orders shall be
reviewed with Winery for comment prior to approval. City shall ensure that all contractors
and subcontractors are properly insured and name Winery as an additional insured under all
policies related to construction of the Pipeline.
4. Cost Reimbursement. Winery shall reimburse City for the following costs related to the
Pipeline, all within 30 days of invoice from City to Winery:
a. Permits Costs: Costs incurred by City to obtain permits for the construction of the
Pipeline.
b. LAFCO Costs: Costs incurred by the City to apply for and obtain the approval of LAFCO,
as needed, for this Agreement.
c. Staff Costs: City staff time spent on the Pipeline project will be reimbursed pursuant to a
Reimbursement Agreement, the form of which is attached hereto as Attachment 2, at
City's actual cost as set forth in the then current City Charge Rate Schedule.
d. Environmental Mitigation and Review Costs: Costs incurred by City to perform any
environmental review and environmental mitigation required for the Pipeline and any
fees incurred relating to the San Joaquin County Multi -Species Habitat Conservation and
Open Space Plan.
e. Storm Water Pollution Prevention Program costs: Costs incurred by City to develop and
implement a Storm Water Pollution Prevention Program for the Pipeline, if necessary.
f. Construction Costs: Costs incurred by City for construction of the Pipeline, provided
such costs are incurred in accordance with the process set forth in Section 3.
g. Inspection Fees and Costs. Inspection costs as provided in the Reimbursement
Agreement (Attachment 2).
5. Winery Cancellation. Winery may cancel this Agreement at any time and for any reason
prior to construction of the Pipeline provided Winery reimburses City for any costs incurred
by City related to this Agreement.
6. Operation of Pipeline. City shall operate the Pipeline and be responsible for all operational
expenses.
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7. Maintenance of Pipeline.
a. Cost. City shall maintain the Pipeline in good working order. Winery shall reimburse
City for all maintenance expenses related to the Pipeline. Upon completion of
construction of the Pipeline, Winery shall deposit $5,000.00 with City, which City
shall hold in a separate account for the purpose of maintenance of the Pipeline. City
shall notify Winery whenever the balance of the account is Tess than $2,500.00.
Upon notification, Winery shall deposit additional sums with the City to replenish
the maintenance account to maintain a $5,000.00 balance.
b. Inoperable Conditions. If the Pipeline fails, becomes inoperable or any other
condition occurs that makes it impossible for Winery to deliver its Winery Waste
Water to the City Treatment Plant in accordance with this Agreement, Winery may
temporarily truck Winery Waste Water to the Treatment Plant until the Pipeline is
operational.
c. Replacement. Winery assumes all responsibility for the cost of replacing the
Pipeline. If, during the term of this Agreement, all or any portion of the Pipeline
fails due to a cause (1) covered by City's insurance and/ or (2) due to the City's
failure to fulfill its maintenance obligations under Paragraph 7(a), City shall be
obligated to replace the applicable portion of the Pipeline at City's cost. If, during
the term of this Agreement, all or any portion of the Pipeline fails due to any other
cause, Winery shall have the option to either fund the replacement cost necessary
to make the Pipeline functional or terminate this Agreement. Winery shall make its
election within 90 days of notification by City that the Pipeline has failed.
8. Terms of Connection. Winery's delivery of Winery waste water pursuant to the Agreement
is subject to the following terms:
a. Permit: City has issued Winery an Industrial System Discharge Permit. Once the
Pipeline is operational, Winery will obtain an amended permit subject to City's
standard requirements and consistent with the terms of this Agreement. Winery shall
comply with the terms of the Industrial System Discharge Permit which will include
but not be limited to limitations on maximum flow, BOD, ph, TDS and suspected solid
concentrations and prohibitions on discharge of hazardous waste in conformance with
the City's then current NPDES permit.
b. Volume: Winery Waste Water delivered to the Treatment Plant shall not exceed 10
million gallons per calendar year.
c. Annual Service Charge: Winery will pay 150% of City's standard Industrial System
Sewer Service Charge for discharge into the City's Industrial Waste System, at such
rates as are properly established by the City from time to time. For 2012-13 the City's
standard charge was $3,761.20 per million gallons of flow plus $27.02 per 1000
pounds of BOD. BOD levels will be measured from samples taken at the Winery pump
station before it is discharged into the Pipeline.
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d. One-time Flow Based Capacity Charges: Winery has already paid City one-time flow
based capacity charges for 1.5 million gallons of Winery Waste Water. For each
additional million gallons of Winery Waste Water to be delivered annually, Winery
shall pay City an additional one-time flow based capacity charge as such charges are
properly established by the City from time to time. For 2014, the City's flow based
capacity charge is $7,553.00 per million gallons delivered annually.
e. One-time Load Based Capacity Charges: Winery has already paid City one-time load
based capacity charges for 1.5 million gallons of Winery Waste Water. For each
additional million gallons of Winery Waste Water to be delivered annually, Winery
shall pay City an additional one-time load based capacity charge as such charges are
properly established by the City from time to time. For 2014, the City's load based
capacity charge is $159.00 per 1,000 pounds of BOD. The capacity charge will be
based on BOD levels of no more than 8170 milligrams per liter (the level currently
permitted).
f. Tasting Room: Winery shall open and operate a tasting room in Downtown Lodi
during the entire term of this Agreement and meet the following requirements:
i. The tasting room must be established and open for business at the time this
Agreement takes effect and remain open for the duration of this Agreement.
ii. The tasting room shall be at least 500 square feet and have wine available for
tasting and sale, wine related merchandise for sale and be open a minimum of
40 hours per week, including Saturday and Sunday.
If the tasting room closes for reasons beyond the control of Winery, this Section
f and the requirement for Winery to have a tasting room in Downtown Lodi shall
terminate.
g. This Agreement cannot be assigned and is only for the use of Winery.
9. Abandonment:
a. Cost to Abandon: Winery shall reimburse the City for all costs of abandoning the
Pipeline if (1) the Pipeline reaches the end of its useful life, or (2) Winery elects to
abandon the Pipeline and City has no other use for the Pipeline. If City elects to
abandon the Pipeline without the agreement or consent of Winery, City shall be
responsible for the costs of abandonment.
b. Method for Reimbursement: If Winery is responsible for abandonment costs, City
will provide Winery with a written estimate of the cost to abandon. Winery will
deposit the estimated sum with the City within 60 days of receiving the estimate.
The City will bill all costs against the deposit. In the event the deposit is exceeded,
Winery shall pay the difference to the City within 60 days of notice. Any excess
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payment will be refunded to Winery within 30 days of City's acceptance of the
abandonment.
c. Security: The Winery's obligation to pay for abandonment costs in accordance with
this Agreement shall be secured by a Memorandum of Agreement recorded against
the Winery property in the form attached as Attachment 3.
10. Excess Capacity. During the term of this Agreement, Winery shall be entitled to all of the
Capacity in the Pipeline. If Winery determines that there is Excess Capacity available in the
Pipeline that is not needed by Winery during a given period of time, Winery, in its sole and
absolute discretion, may reach an agreement with a Third Party to allow the Third Party to
use the Excess Capacity, provided the Third Party also reaches an Agreement with the City
for use of the Pipeline and delivery of industrial waste water to City's Treatment Plant.
Winery may condition its approval of Third Party use of the Pipeline on Third Party
contribution to the capital, operation and maintenance costs, or other costs associated with
the Pipeline.
11. Term. The initial term of this Agreement shall be twenty (20) years beginning on the date
the City certifies that the Pipeline is operational. The term shall automatically renew for two
additional successive twenty (20) year terms unless Winery provides written notice of an
intent not to renew six (6) months before the end of a given term.
12. Relationship of Parties.
a. Winery is an independent entity and not the agent of the City, and nothing herein shall
be construed to the contrary.
b. City and Winery agree that nothing contained herein or in any document executed in
connection herewith shall be construed as making Winery and the City joint venturers or
partners.
c. This Agreement is made and entered into for the sole protection and benefit of the
parties and their successors and assigns. No other person shall have any right of action
based on any provision in this Agreement.
13. No Entitlements Granted. Nothing in this Agreement provides Winery with any right to
secure approval of any connection or other entitlement other than the rights set forth in
this Agreement. In addition, Winery agrees that it will have no rights to select the
Environmental Review Consultant, if one is required; or direct the work, response times,
recommendations or approvals of the Consultant.
14. Notices. All notices required or provided for under this Agreement must be in writing and
delivered in person or sent by certified mail, postage prepaid, return receipt requested, to
the principal offices of the City and Winery and its representative and Winery's successors
and assigns. Notice is effective on the date it is delivered in person, or the date when the
6
postal authorities indicate the mailing was delivered to the address of the receiving party
indicated below:
Notice to City:
City of Lodi
City Manager
221 W. Pine Street
Lodi, CA 95240
Notice to Winery: Phillips Farms, LLC
dba Michael David Winery
4580 West Highway 12
Lodi, CA 95242
With a copy to:
Jennifer Spaletta, Esq.
Spaletta Law PC
Post Office Box 2660
Lodi, CA 95241
15. Indemnification, Defense and Hold Harmless.
a. Winery agrees to and will indemnify, defend and hold the City, its council members,
officers, agents, employees and representatives harmless from liability for damage or
claims of damage, for personal injury, including death, and claims for property damage
which may arise from construction or operation of the Pipeline, except as provided in
subsection (b).
b. Winery's obligation under this section to indemnify, defend and hold harmless the City,
its council members, officers, agents employees, and representatives shall not extend to
liability for damage or claims for damage arising out of the sole negligence or willful act
of the City, its council members, officers, agents, employees or representatives. In
addition, Winery's obligation shall not extend to any award of punitive damages against
the City resulting from the conduct of the City, its council members, officers, agents,
employees or representatives.
c. With respect to any action challenging the validity of this Agreement or any
environmental, financial or other documentation related to approval of this Agreement,
Winery further agrees to defend, indemnify, hold harmless, pay all damages, costs and
fees, if any incurred to either the City or plaintiff(s) filing such an action should a court
award plaintiff(s) damages, costs, and fees, and to provide a defense for the City, its
council members, officers, agents, employees or representatives, in any such action.
16. Dispute Resolution. Any controversy or claim arising out of or relating to this contract, or
the breach thereof, shall be settled by arbitration administered by the American Arbitration
Association in accordance with its Commercial Arbitration Rules and judgment on the
award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
17. Effect of Prior Agreements. Once the Pipeline is constructed and operational such that
Winery can deliver its waste water to the Treatment Plant in accordance with this
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Agreement, the prior Agreement dated October 18, 2006 between Winery and City shall be
of no further force and effect. Until that time, the October 18, 2006 Agreement is deemed
amended to allow Winery to deliver via trucks up to 1.5 million gallons per year of Winery
Waste Water to the Treatment Plant.
IN WITNESS WHEREOF this Agreement has been executed by the parties on the day and year
first written above.
CITY OF LODI, a municipal corporation
City Manager
Attest:
APP'OVED AS TO FORM:
ce-F3'Magdich,
City Attorney
11111.1
fifer Spai c tta
Corney for Phillips Farms, LLC
dba Michael David Winery
8
PHILLIPS FARMS, LLC
dba MICHAEL DAVID WINERY
!3y
Sy
Micha- Phillips
CEO
David Phillips
President
Michael David Winery Pipeline Project
EXHIBIT B
Legend
Proposed Washwater Force Main
--• Ex Wastewater Pipe
CITY OF LODI
Winery Washwater Pipeline Project
0 0.125 0.25
0.5 0.75 1
V II9IHX3
Miles
Path: K:\DESIGN\Projects\Michael David Winery\Base_Map.mxd
Michael/David Winery
Industrial Waste Connection Memorandum of Understanding
THIS AGREEMENT is entered into this day of �Y • ' , 006, (the
"Effective Date"), between MICHAEL/DAVID WINERY, LLC (" Winery") and the CITY OF
LODI, a municipal corporation organized and existing under the laws of the State of
California ("City").
RECITALS
This Agreement is predicated upon the following findings:
A. Winery is the owner of a Wine Production Facility located at 4580 W.
Highway 12, San Joaquin County, California which is outside the corporate limits of the
City of Lodi. Winery intends to submit an application to truck in their Industrial effluent
to the City's Industrial Waste Water Treatment Plant. ("Project")
B. As more fully detailed in Ordinance No. 1764, the City, through its general
plan is committed to encouraging agricultural uses in the area surrounding the City and
discouraging urban uses. Providing industrial sewer service to wineries encourages
agricultural uses by making them more economical.
NOW THEREFORE, the parties agree as follows:
1. Definitions. Unless otherwise defined in this agreement, all capitalized terms will
have the definitions ascribed to them in Lodi Municipal Code Section 13.12.020.
a. "Downtown Lodi" means the area bordered by Church Street, Lodi
Avenue, Union Pacific Railroad and Lockeford Street.
2. Terms of Connection. Any delivery of trucked effluent permitted pursuant to the
Agreement shall be subject to the following minimum terms:
a. Permit: Winery shall comply with the terms of the Industrial System
Discharge Permit to be issued by the City which will include but not be
limited to limitations on maximum flow, BOD, ph, TDS and suspended
solid concentrations and prohibitions on discharge of hazardous waste in
conformance with the City's NPDES Permit. Winery will only be allowed
to dispose of Industrial Waste water. No sanitary waste will be delivered
to the City's Industrial Waste Water Treatment Plant.
b. Volume: The volume of trucked effluent shall not exceed 525,000 gallons
between September 1 and May 31.
Rate/Surcharge: Winery's charge for trucked effluent will be as
established by the City for Industrial Waste system customers plus a 50%
surcharge at the current rates. Current annual charge based on 700,000
gallons with a BOD of 8,170 mg/L is $3,008.00 including the surcharge.
1
d. Capacity Charge: Winery shall pay a one-time capacity charge of
$16,492.00 upon delivery of the first Toad of trucked effluent. Additional
one time capacity charges at the current City rates will apply for each
increment of effluent over 700,000 gallons.
e. Downtown Tasting Room: Winery shall open and operate a tasting room
in Downtown Lodi during the entire term of its trucked effluent disposal
agreement with the City. The tasting room shall be operated within the
following minimum requirements:
i) The wine tasting room must be established and open for business
before delivery of trucked effluent.
ii) The tasting room shall be at least 500 square feet and have wine
available for tasting and sale, wine related merchandise for sale
and be open a minimum of 40 hours per week, including Saturday
and Sunday.
iii) If Downtown Tasting Room closes, this Agreement will terminate
and the City will not consider a new agreement to treat winery's
effluent for 12 months from the closure date.
f. The agreement cannot be assigned and is only for the use of Winery.
3. Binding Effect of Agreement. Winery's obligations under paragraph two of this
Agreement will only be triggered if all approvals necessary to secure that the
trucked effluent disposal agreement is secured.
4. Reimbursement. Winery shall reimburse the City for all costs incurred by the City
in connection with the Project. The City will provide Winery with an estimate of
these costs in advance of delivery of trucked effluent. Winery shall deposit the
estimate with the City within 30 days of receiving the estimate. City will bill all
costs against the deposit. In the event the deposit is exceeded, Winery shall pay
the difference to the City within 30 days of notice. Any excess will be refunded to
Winery within 30 days.
5. Delivery. Winery shall be solely responsible for delivering the trucked effluent to
Lodi's Industrial Waste Water Treatment Plant.
6. Relationship of Parties.
a. It is understood that the contractual relationship between the City
and Winery is such that Winery is an independent contractor and
not the agent of the City; and nothing herein shall be construed to
the contrary.
b. City and Winery agree that nothing contained herein or in any
document executed in connection herewith shall be construed as
making Winery and City joint venturers or partners.
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c. This Agreement is made and entered into for the sole protection
and benefit of the parties and their successors and assigns. No
other person shall have any right of action based upon any
provision in this Agreement.
7. No Entitlements Granted. Nothing in this Agreement shall provide Winery
with any right to secure approval of any connection or other entitlement. In
addition, Winery agrees that it will have no rights to: select the
Environmental Review Consultant, if one is required; or direct the work,
response times, recommendations or approvals of the Consultant.
8. Notices. All notices required or provided for under this Agreement shall be
in writing and delivered in person or sent by certified mail, postage
prepaid, return receipt requested, to the principal offices of the City and
Winery and its representative and Winery's successors and assigns.
Notice shall be effective on the date it is delivered in person, or the date
when the postal authorities indicate the mailing was delivered to the
address of the receiving party indicated below:
Notice to City:
City of Lodi
City Manager
221 W. Pine Street
Lodi, CA 95240
Notice to Winery: Michael/David Winery, LLC
4580 West Highway 12
Lodi, CA 95242
9. Indemnification, Defense and Hold Harmless.
a. Winery agrees to and shall indemnify, defend and hold the City, its
council members, officers, agents, employees and representatives
harmless from liability for damage or claims of damage, for personal
injury, including death, and claims for property damage which may arise
from this agreement.
b. Winery's obligation under this section to indemnify, defend and hold
harmless the City, its council members, officers, agents employees, and
representatives shall not extend to liability for damage or claims for
damage arising out of the sole negligence or willful act of the City, its
council members, officers, agents, employees or representatives. In
addition, Winery's obligation shall not extend to any award of punitive
damages against the City resulting from the conduct of the City, its
council members, officers, agents, employees or representatives.
c. With respect to any action challenging the validity of this Agreement or
any environmental, financial or other documentation related to approval of
this Agreement, Winery further agrees to defend, indemnify, hold
harmless, pay all damages, costs and fees, if any incurred to either the
City or plaintiff (s) filing such an action should a court award plaintiff(s)
3
damages, costs and fees, and to provide a defense for the City in any
such action.
IN WITNESS WHEREOF this Agreement has been executed by the parties on
the day and year first above written.
CITY OF LODI, a municipal corporation
BLAIR KIN
City Manag
ATTEST:
APPROVED AS TO FORM:
MICHAEL/DAVID WINERY, LLC
D
City Attorney
ABA
4
AMENDMENT NO. 1
Michael/David Winery, LLC
Industrial Waste Connection Memorandum of Understanding
THIS AMENDMENT NO. 1 TO INDUSTRIAL WASTE CONNECTION
MEMORANDUM OF UNDERSTANDING, is made and entered this ..„1-.r'r day of
February, 2014, by and between the CITY OF LODI, a municipal corporation (hereinafter
"CITY"), and MICHAEL/DAVID WINERY, LLC (hereinafter "WINERY").
WITNESSETH:
1. WHEREAS, WINERY and CITY entered into an Industrial Waste Connection
Memorandum of Understanding (MOU) on October 18, 2006, as set forth in
Exhibit A (attached).
2. WHEREAS, WINERY requested to amend said MOU to delete the time of year
restriction in paragraph 2b of the MOU.
3. WHEREAS, WINERY agrees to pay treatment charges plus a 50 percent
surcharge at the current rates for industrial customers based upon an annual
BOD of 3,800 mg/L and a volume of 1,500,000 gallons in the amount of
$8,950.16 per year as specified in paragraph 2c of the MOU.
4. Whereas, WINERY requests to increase industrial treatment capacity to
1,500,000 gallons per year and to pay capacity charges in the amount of
$13,725.15 per year as provided for in paragraph 2c of the MOU.
5. WHEREAS, CITY agrees to the foregoing amendments to the MOU.
NOW, THEREFORE, the parties agree to amend the Industrial Waste
Connection Memorandum of Understanding as set forth above.
IN WIT SS WHEREOF, CITY an INERY have executed this Amendment No.
1 on s , 20140
CITY OF LODI, a municipal corporation MICHAEUDAVID WINERY, LLC
Hereinabove called "CITY" Hereinabove called "WINERY'
By:
Interim City Manager
RANDI JOHL-OLSON, City Clerk
Approved as to Form:
Bv:
33)6�c7;
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
CITY OF LORI
Phillips Farms, LLC
dba Michael David Winery
4580 West Highway 12
Lodi, CA 95242
Attn: Kevin Phillips
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi.gov
www lodi gnv
June 30, 2016
STEPHEN SCHWABAUER
City Manager
JENNIFER M FERRAIOLO
City Clerk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: ACCEPT IMPROVEMENTS UNDER CONTRACT FOR MICHAEL DAVID
WINERY FORCE MAIN PROJECT
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, July 6, 2016. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Lyman Chang at (209) 333-
67 6.
Chi rtes E. Swimley, Jr.
ILt✓ Public Works Director
CES/tdb
Enclosure
cc: City Clerk
CITY COUNCIL
MARK CHANDLER, Mayor
DOUG KUEHNE,
Mayor Pro Tempore
BOB JOHNSON
JOANNE MOUNCE
ALAN NAKANISHI
Vinciguerra Construction
235 Spanish Street
Sutter Creek, CA 95685
CITY OF LODI
CITY HALL, 221 WEST PINE STREET
P.O. BOX 3006
LODI, CALIFORNIA 95241-1910
(209) 333-6706 / FAX (209) 333-6710
EMAIL: pwdept@lodi.gov
June 30, 2016
STEPHEN SCHWABAUER
City Manager
JENNIFER M. FERRAIOLO
City Cierk
JANICE D. MAGDICH
City Attorney
CHARLES E. SWIMLEY, JR.
Public Works Director
SUBJECT: ACCEPT IMPROVEMENTS UNDER CONTRACT FOR MICHAEL DAVID
WINERY FORCE MAIN PROJECT
Enclosed is a copy of background information on an item on the City Council agenda of
Wednesday, July 6, 2016. The meeting will be held at 7 p.m. in the
City Council Chamber, Carnegie Forum, 305 West Pine Street.
This item is on the consent calendar and is usually not discussed unless a
Council Member requests discussion. The public is given an opportunity to address
items on the consent calendar at the appropriate time.
If you wish to write to the City Council, please address your letter to City Council,
City of Lodi, P. O. Box 3006, Lodi, California, 95241-1910. Be sure to allow time for the
mail. Or, you may hand -deliver the letter to City Hall, 221 West Pine Street.
If you wish to address the Council at the Council Meeting, be sure to fill out a speaker's
card (available at the Carnegie Forum immediately prior to the start of the meeting) and
give it to the City Clerk. If you have any questions about communicating with the
Council, please contact Jennifer M. Ferraiolo, City Clerk, at (209) 333-6702.
If you have any questions about the item itself, please call Lyman Chang at (209) 333-
67
I
Ch- rtes E. Swimley, Jr.
PLIbIic Works Director
CES/tdb
Enclosure
cc: City Clerk