Res 130-2013 11/19/2013 RESOLUTION NO. 130-2013
Resolution Approving The Programs And Expenditures Of The
Wichita Falls Economic Development Corporation (WFEDC),
Amending The Budget To Include Up To $1,145,000 For The PPG
Reclaimed Water Conveyance Facilities Project, And Authorizing The
City To Execute Agreements Related To The PPG Reclaimed Water
Conveyance Facilities Project With The WFEDC And PPG Industries,
Inc.
WHEREAS, TEXAS LOCAL GOVT. CODE §501.073(a) provides "The corporation's
authorizing unit will approve all programs and expenditures of a corporation and
annually review any financial statements of the corporation"; and
WHEREAS, on November 15, 2013, the WFEDC approved the Project listed
below and as stated in its agenda.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
1. The Wichita Falls Economic Development Corporation's approval and funding
of the following programs and expenditures, as described below and in said
corporation's agenda, is approved:
PPG Reclaimed Water Conveyance Facilities Project --- Proposed
incentives for the construction of facilities for the transmission of reclaimed
water from the Northside Effluent Pump Station to PPG Industries, Inc.'s
industrial facility at 7400 Central Freeway in an amount of up to
$1,145,000 of "costs" for the retention of primary jobs at said company's
glass manufacturing facility in Wichita Falls.
2. The current fiscal year budget of the WFEDC is amended to provide for the
aforementioned expenditures and changes thereto.
3. The City Manager is authorized to execute agreements for the receipt of funds
related to the Reclaimed Water Conveyance Facilities Project as approved by the City
Attorney, including but not limited to:
a. agreements, as necessary, with the WFEDC, specifying funding
obligations,
b. the attached Agreement between City of Wichita Falls and PPG
Industries, Inc. for Reimbursement to City for PPG Portion of
Reclaimed Water Facilities and License for Installation on PPG's
Property at 7400 Central Freeway, which will provide for PPG's payment
to the City for the PPG Portion (estimated at $478,000) depicted on
Exhibit A of said Agreement (including storage pond and meter), with
changes thereto as approved by the City Attorney, and
c. a Reclaimed Water Use Agreement with PPG Industries, Inc. providing
for delivery of reclaimed water to PPG.
PASSED AND APPROVED this the 19t" day of November, 2013.
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MAYOR
ATTEST:
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City C,ler
Agreement between City of Wichita Falls and PPG Industries,Inc. for Reimbursement to
City for PPG Portion of Reclaimed Water Facilities and License for Installation on PPG's
Property at 7400 Central Freeway
This Reclaimed Water Use Agreement (the "Agreement") is made by and between the City of
Wichita Falls, Texas ("City"), and PPG Industries, Inc., a Pennsylvania corporation ("PPG")
for PPG's reimbursement of the City's design and installation of the part of the Reclaimed Water
facilities that are located on PPG's Property ("Property") at 7400 Central Freeway, Wichita
County, Texas, which Property is depicted in the attached Exhibit "A".
WHEREAS, PPG will benefit from a supply of Reclaimed Water that is more secure than
a supply that is subject to interruption if drought management regulations restrict the use of
potable water;
WHEREAS, PPG obtains a reliable supply of retail treated water from the City of
Wichita Falls, which PPG will continue to utilize for all of PPG's needs for which treated water
is necessary;
WHEREAS, PPG desires to obtain an interruptible supply of Reclaimed Water from the
City for industrial purposes that will not be subject to the City's normal drought restrictions, and
PPG will not be using said Reclaimed Water for retail treated water, human consumption or a
non-interruptible requirement; and
WHEREAS, PPG is willing to pay for the part of the Reclaimed Water facilities that is on
PPG's Property and is therefore useful only to PPG;
NOW THEREFORE, in consideration of the mutual covenants and agreements contained
herein, the adequacy and sufficiency of which is hereby acknowledged, subject to the receipt of
the required deposits and other provisions herein and required regulatory approvals, the City
agrees to construct Reclaimed Water facilities for the provision of Reclaimed Water to PPG and
other industries, and PPG agrees to pay the City for the part of the Reclaimed Water facilities
that is on PPG's property:
1. Definition of Terms
The following terms and expressions as used in this Agreement shall have the following
meanings:
• "Design & Construction Administration" shall engineering design,
construction administration, and all other engineering activities necessary for the City
to initiate the provision of Reclaimed Water to PPG.
• "Point of Delivery" means the location at which title to, and liability for, the
Reclaimed Water passes from the City to the PPG, defined in this Agreement as the point
at which the Reclaimed Water enters the Reclaimed Water meter assigned to PPG.
• "Reclaimed Water" means the treated effluent produced from the City's
Wastewater Treatment Plant, as authorized pursuant to TCEQ Authorization No.
R10509-005 for Type I and Type II use pursuant to 30 Tex. Admin Code Chapter 210.
• "Reclaimed Water Public Conveyance Facilities" means the facilities necessary to
convey Reclaimed Water on public property to PPG's property line, including the
proposed Conveyance Transmission Line and Effluent Pump Station depicted on Exhibit
• "PPG Portion" means the facilities on PPG's property that are used for the
transmission or management of Reclaimed Water on PPG's Property, including the
Proposed Meter, Meter Vault, Valves, and Controls, and PPG Effluent Storage Pond
depicted on Exhibit"A".
2. Reimbursement for Design & Construction of Facilities for Delivery of Reclaimed
Water
2.1 Design & Construction Administration. Subject to PPG's deposit of funds with
the City's Department of Public Works in an amount necessary to perform all Design
& Construction Administration for the PPG Portion of the Reclaimed Water facilities,
the City will provide all Design & Construction Administration for the Reclaimed
Water Public Conveyance Facilities and the PPG Portion of the Reclaimed Water
facilities (including the Proposed Effluent Storage Pond).
2.1.1. Amount. The amount of deposit required to begin the Design &
Construction Administration process is $35,000. The City shall use the amount
of funds deposited with the City's Department of Public Works to reimburse
the City for Design & Construction Administration of the PPG Portion of the
Reclaimed Water facilities.
2.1.2. Final Accounting. The City will account for use of the funds within 60
days after completion of the construction and disbursement of the final funds
to the engineer. If the amount deposited is inadequate to complete the Design
& Construction Administration of the PPG Portion, PPG shall reimburse the
City for the additional costs necessary to complete the Design & Construction
Administration of the PPG Portion. If the City expends less than the deposited
amount on the Design & Construction Administration, then the City will repay
PPG the unexpended funds.
2.2 Construction. Subject to PPG's deposit of funds with the City's Department of
Public Works in an amount necessary to construct the PPG Portion of the Reclaimed
Water facilities and the required metering facilities, the City will construct the
Reclaimed Water Public Conveyance Facilities and the PPG Portion of the Reclaimed
Water facilities and install the relevant metering facilities.
2.2.1. Amount. The amount of the deposit necessary to initiate construction of
the PPG Portion and install the meter is currently estimated to be $443,000
(see attached Estimate), but will be more accurately determined by the line
items of the bid for the construction of the PPG Portion of the Reclaimed
Water facilities. The City shall use the amount of funds deposited with the
City's Department of Public Works to reimburse the City for construction of
the PPG Portion of the Reclaimed Water facilities and associated meter.
2.2.2. Final Accounting. The City will account for use of the funds within 60
days after final acceptance of the work and disbursement of the funds. If the
amount deposited is inadequate to complete the construction of the PPG
Portion and install the meter, then PPG shall reimburse the City for the
additional costs necessary to complete the construction of the PPG Portion and
install the meter. If the City expends less than the deposited amount on the
construction and meter installation, then the City will repay PPG the
unexpended funds.
3. PPG License to City. PPG authorizes the City and City employees, officials, contractors,
and subcontractors to enter and modify PPG's Property for the purpose of designing and
constructing the PPG Portion of the Reclaimed Water facilities and associated meter and
monitoring PPG's maintenance of its facilities and storage and use of the Reclaimed Water to
ensure compliance with the provisions of 30 TAC Chapter 210 and other state and federal
laws applicable to the provision and use of Reclaimed Water. This license shall include the
right of the aforementioned entities to place and remove spoil material and construction
equipment and material on the area of PPG's Property that is adjacent to the PPG Portion, at
locations to be directed by persons employed by PPG. The City may remove such spoil
material from PPG's Property as necessary to construct and level areas of the Reclaimed
Water facilities or manage compliance with 30 TAC Chapter 210. This license is not
terminable in isolation from this agreement.
4. Delivery and Use of Water after Completion of Facilities
4.1 Delivery. Delivery of Reclaimed Water shall commence after (1) completion of
all work, (2) necessary permitting required for delivery of Reclaimed Water in
accordance with 30 TAC Chapter 210, (3) agreement between the parties for delivery
in accordance with 30 TAC Chapter 210 and associated assurances and obligations
therein.
4.2.4 Rate. After the City completes construction and initiates the delivery of
Reclaimed Water to PPG, the City shall execute an agreement for delivery of the
Reclaimed Water, and PPG shall pay City for the Reclaimed Water delivered to the
PPG at a rate determined by City ordinance.
5. Term: This agreement shall be divided into phases, as follows:
• Phase 1 —begins when funds are deposited with the City for Design & Construction
Administration of Reclaimed Water facilities, and ends when the construction
documents are provided by the City to PPG
• Phase 2 —begins when City initiates contract for construction of Reclaimed Water
facilities and ends when the City accepts the completed work thereon
Either party may terminate this agreement prior to the beginning of any phase of the
agreement without damages, upon at least 10 days written notice to the other party. At the
effective date of such early termination, the unused funds deposited for the applicable phase
will be returned to PPG.
6. General Provisions
6.1 Third Party Beneficiaries. City and PPG agree that there are no third party
beneficiaries, express or implied, to the Agreement, and that the only Parties to the
Agreement include the City and PPG.
6.2 HOLD HARMLESS AND INDEMNIFICATION. THE CITY, ITS
OFFICERS, AGENTS, AND EMPLOYEES SHALL NOT BE HELD LIABLE OR
RESPONSIBLE FOR, AND SHALL BE SAVED AND HELD HARMLESS BY PPG
FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, ACTIONS,
ENFORCEMENT ACTIONS, LOSSES, DAMAGES, OR LIABILITY, INCLUDING
ALL LITIGATION, COSTS, AND ATTORNEYS' FEES BROUGHT BY ANY
PERSON, ENTITY OR REGULATORY AUTHORITY ARISING OUT OF, OR
OCCASIONED BY THE CONSUMPTION OF RECLAIMED WATER PROVIDED
PURSUANT TO THIS AGREEMENT, THE ACTS OF PPG OR THE ACTS OF
PPG'S AGENTS OR EMPLOYEES IN THE EXECUTION OR PERFORMANCE OF
THIS CONTRACT, PPG's USE OF RECLAIMED WATER, AND PPG'S
OPERATION OF THE FACILITIES ASSOCIATED WITH ITS MANAGEMENT,
STORAGE, DISTRIBUTION, OR USE OF RECLAIMED WATER.
6.3 Address and Notice. Unless otherwise provided in this Agreement, any notice,
communication, request, reply, or advice (herein severally and collectively, for
convenience called "Notice") herein provided or permitted to be given, made or
accepted by any party must be in writing and may be given or served in any manner
reasonably calculated to reach each of the other Parties. Notice sent by certified or
registered mail, postage prepaid, return receipt requested, shall be deemed to have
been received on the second mail delivery day following the day on which it was
posted. Notice by any other method shall be effective when received. For the purpose
of Notice, the addresses of the Parties shall be, until changed as hereafter provided, as
follows:
PPG:
City: City of Wichita Falls
Attn: Director of Public Works
1300 7th Street
P.O. Box 1431
Wichita Falls, TX
76307
(940) 761-7477
FAX: (940)761-6873
Any party may change the address for notice by giving notice of such change in
accordance with the provisions of this section.
6.4 State and Federal Laws, Rules, Order or Regulations. This Agreement is
subject to all applicable federal and state laws and applicable permits, ordinances,
rules, orders, and regulations of any local, state, or federal governmental authority
having or asserting jurisdiction, but nothing contained herein shall be construed as a
waiver of any right to question or contest any such law, ordinance, order, rule or
regulation in any forum having jurisdiction. The execution and delivery of this
Agreement and its performance by PPG will not violate, result in a breach of or conflict
with any law, rule, regulation, order or decree applicable to it, its organizational
documents or the terms of any other agreement binding on it.
6.5 Chapter 210 Responsibilities. The City and PPG represent that each entity is
aware of its respective responsibilities as PPG under 30 TAC Chapter 210.
6.6 No Assignability. This Agreement shall not be assignable by PPG, in whole or
in part, without the prior written consent of the City. The City and PPG each binds
itself and its successors and assigns to the other party with respect to all covenants of
this Agreement.
6.7 Venue. The validity of this Agreement and of any of its terms or
provisions, as well as the rights and duties hereunder, shall be governed by the laws
of the State of Texas. This agreement is executed by the City in Wichita County,
Texas. Sole venue for any action related to this agreement shall be in Wichita
County, Texas.
6.9 No Additional Waiver Implied. The failure of any party hereto to insist in any
one or more instances upon performance of any of the terms, covenants, or conditions
of this agreement shall not be construed as waiver or relinquishment of the future
performance of any term, covenant, or condition by the other Parties hereto, but the
obligation of such other Parties with respect to such future performance shall continue
in full force and effect.
6.10 Severability. The provisions of this Agreement are severable, and if any
provision or part of this Agreement or the application thereof to any person or
circumstance shall ever be held by any court of competent jurisdiction to be invalid or
unconstitutional for any reason, the remainder of this Agreement and the application
of such provision or part of this Agreement to other persons or circumstances shall not
be affected thereby.
EXECUTED, THIS THE DAY OF , 201 .
PPG Industries, Inc. City of Wichita Falls
Darron Leiker, City Manager
Typed Name & Title
(seal) (seal)
Attest Attest
Tracy Norr, City Clerk
Typed Name & Title
EXHIBIT "A"
1
PROPOSED PPG s1
PPG EFFLUENT Plant
STORAGE ROND
PROPOSED PROPOSED
PPG i CONVEYANCEI EFFLUENT
PORTION ■ TRANSMISSION LINE PUMP STATION
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Bacon Switch Rd. ■ 10' Bacon Switch Rd. 10,
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CONCEPTUAL PLAN
NORTHSIDE W.W.T.P.EFFLUENT
REUSE CONVEYANCE FACILITIES
CITY OF WICHITA FALLS.TEXAS
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Estimate
PPG to pay for Bolded Part of Estimate
Estimated City of Wichita Falls Budget Costs for Reclaimed Water Public Conveyance Facilities
Design & Construction Administration— $90,000
Mobilization and Insurance— $45,000
10"PVC Pipe (approx. 11,000 LF)— $420,000
Bore & Case (Hwy. 240)— $30,000
Bore & Case (1-44& RR)— $210,000
Misc. Rd./Drive Crossings— $15,000
Pump Station at NWWTP— $150,000
Misc. Valves & Controls—$45,000
Contingencies—$140,000
Estimated Construction Costs— $1,055,000
Total City of Wichita Falls Project Budget— $1,145,000
Estimated PPG Costs for PPG Portion and Meter (including associated Meter Vault):
Design & Construction Administration—$35,000*
Mobilization and Insurance—$18,000
8" PVC Pipe (approx. 2,000 LF)—$60,000
Metering Vault, Valves & Controls— $30,000
1.0 MG Effluent Storage Pond—$220,000
Effluent Discharge & Overflow Structures—$35,000
Geotechnical Testing & Certification—$20,000
Contingencies—$60,000
Estimated Construction Costs— $443,000*
Total PPG Project Budget— $478,000
Total Contingencies (CWF &PPG)—$200,000
Total Estimated Construction (CWF & PPG)— $1,498,000
Total Engineering & Construction Admin. (CWF & PPG)— $125,000
Total Estimated Project Budget—$1,623,000