O-2004-2713 - Laserfiche WebLink

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REIMBURSEMENT AGREEMENT This Agreement made and entered into this _ day of , 2004, by and between ExxonMobil Pipeline Company ("EMPCo"), having a mailing address at P.O. Box 2220, Houston, Texas 77252-2220, and City of La Porte ("OWNER"), whose mailing address is P.O. Box 1115, La Porte, Texas 77572-1115: WITNESSETH WHEREAS, EMPCo owns and provides operational services for Can go to Strang Road four-inch diameter pipeline, Clear Lake to Bay town six-inch diameter pipeline and eight-inch diameter pipeline and Bay town to Pierce Junction eight-inch diameter pipeline in Harris County, Texas, said pipelines being a part of EMPCo's pipeline system; and WHEREAS, OWNER desires to improve Canada Road, H Street and the City Park which will encroach upon EMPCo's pipeline easement; and WHEREAS, OWNER has requested that EMPCo take protective action on the segment of the aforementioned pipelines to accommodate the installation of said Canada Road, H Street and the City Park; and WHEREAS, EMPCo has agreed to take such steps as are necessary to inspect, recondition, reroute, adjust and/or take other protective action on said pipelines; and WHEREAS, OWNER has agreed to reimburse EMPCo fifty percent for the actual costs and expenses incurred in the adjustment of said pipelines; NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, it is hereby agreed by and between OWNER and EMPCo as follows: ADJUSTMENT OF PIPELINES: EMPCo shall reroute and lower three pipelines for the proposed Canada Street, displace the product out of the ten inch pipeline, flare the product on the four inch pipeline between valves on either side of the project and make tie ins. The work on the pipelines shall be done by EMPCo and/or its contractors in a workmanlike and expeditious manner in accordance with accepted industry practices and work schedules, and using diligence to complete said adjustment. PAYMENT: OWNER shall pay in advance to EMPCo the estimated cost for the adjustment of said pipelines as follows: Company Labor $ 10,296.00 Contract Services & Equipment $252,662.00 Materials & Equipment $ 23,264.00 Administrative Overhead $ 57,244.00 Contingency $ 51,520.00 Total 50% $394,986.00 $197,493.00 Should the actual cost be less than the estimated cost, the difference shall be refunded to OWNER upon project completion. Should the actual cost be greater than the estimated cost, OWNER shall remit the difference to EMPCo within ninety (90) days of the presentation of a statement showing actual costs and support materials. If, for any reason, OWNER terminates the subject project, OWNER shall be responsible to EMPCo for all costs incurred up to the time of