HomeMy WebLinkAboutRES 20-028RESOLUTION NO. 20-028
BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute a Reimbursement
Agreement with ExxonMobil Pipeline Company, of Spring, Texas, in an amount not to
exceed $15,000.00 for concrete reconstruction of the pipeline crossing located in, the
3500 block of Washington Boulevard relating to the Washington Boulevard Pavement
Widening Project -Phase II. The agreement is substantially in the form attached hereto
as Exhibit "A" and made a part hereof for all purposes.
The meeting at which this resolution was approved was in all things conducted in
strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter
551.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 18th day of
February, 2020
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REIMBURSEMENT AGREEMENT
Concrete reconstruction in the 3500 block of Washington Boulevard
This REIMBURSEMENT AGREEMENT is entered into between the City of
Beaumont, Texas, an incorporated municipality and Texas governmental entity ("the
City") and ExxonMobil Pipeline Company, a Delaware Corporation, ("the Company"), on
. 2020.
RECITALS
A. The purpose of this Agreement is to set forth the terms and conditions upon
which the City will reconstruct the concrete pavement in the 3500 block of Washington
Boulevard, in the south half lanes of the roadway, at the Exxon Mobil pipeline crossing.
B. To set forth the terms and conditions upon which the Company will provide
reimburse money to the City for such construction.
WHEREFORE, in consideration of the above recitals and other good and
valuable consideration, the parties hereby agree as set forth below.
1. Work to Be Performed. The Company agrees to remove all of their existing
pipelines and backfill the area (as needed) with road base material. The City agrees that
It shall conduct the engineering work, design work, permitting, procurement of materials,
construction, and cleanup activity associated to reconstruct the concrete pavement in the
3500 block of Washington Boulevard in the south half lanes of the roadway.
2. Reimbursement Money to Be Provided. The Company agrees that it will
reimburse the City for actual direct and indirect costs incurred or $15,000.00, whichever
amount is less, for the Work to Be Performed as reflected above.
a. Method of Reimbursement. The Company will reimburse the City in a
timely fashion as costs are incurred by the City and upon submission of documentation
and request by the City to the Company.
3. Permitting and Coordination. The City agrees to coordinate any permitting=
related or utility -related activity that may be required for the Work to Be Performed, as
well as securing any necessary rights of way or easements, if applicable.
4. Right of Termination. The City and the Company each reserve the right to
terminate this Agreement should any federal agency or any State of Texas agency or other
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EXHIBIT "A'
political subdivision take action that adversely affects the approval or completion of the
Work to Be Performed.
S. Conformity with Labor and Safety Laws. The City agrees to carry on the Work
to Be Performed in a timely manner and in conformity with all applicable federal or state
labor and safety laws.
6. Entire Agreement. This Agreement contains the entire agreement and
understanding concerning the Work to Be Performed and its reimbursement. The Parties
acknowledge that neither the other party nor its agents nor attorneys have made
any promise, representation, or warranty whatsoever, express or implied, not contained
herein to induce the execution of this Agreement and acknowledge that this Agreement
has not been executed in reliance upon any promise, representation, or warranty not
contained herein.
7. Amendment must be in Writing. This Agreement shall only be modified by a
writing signed by the Parties.
8. Venue for Resolving Disputes. Any arbitration or litigation arising out of this
Agreement shall be conducted only in Beaumont, Jefferson County, Texas.
9. Interpretation Guides. In interpreting this Agreement, it shall be deemed to
have been prepared by the Parties jointly and no ambiguity shall be resolved against
either Party on the premise that it or its attorneys was responsible for drafting this
Agreement or any provision hereof. The captions or headings set forth in this Agreement
are for convenience only and in no way define, limit, or describe the scope or intent
or any Sections, Subsections, or other provisions of this Agreement. Any reference in
the Agreement to a Section or to a Subsection, unless specified otherwise, shall be a
reference to a Section or Subsection of this Agreement.
10. Due Authority of Signatures. Each individual signing this Agreement warrants
and represents that he or she has been authorized by appropriate action of the Party
which he or she represents to enter into this Agreement on behalf of the Party.
11. Notices. All notices, demands, and communications between the Parties shall
be duly addressed as indicated below and given by personal delivery, registered or
certified mail (postage prepaid and return receipt requested), Federal Express or other
reliable private express delivery, or by electronic mail transmission with confirmation by
the other Party. Such notices, demands, or communications shall be deemed received
(i) upon deliver if personally served or sent by email, or (ii) after three business days
if given or sent by any other approved manner specified above. Any Party to this
Agreement may change its below -specified name, address, email, or person to whom
attention should be directed by giving notice as specified in this Section. A copy of any
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notice, demand, or communication sent to City pursuant to this Agreement shall be sent
to the City's legal counsel. Notices, demands, and communications shall be duly
addressed and sent as follows:
To the City:
Tyrone E. Cooper, City Attorney
801 Main Street
Beaumont, Texas 77701
(409) 880-3715
Tyrone.Cooper@BeaumontTexas.gov
To the Company:
Christopher D. Hinson, Manager, Right of Way and Claims
ExxonMobil Pipeline Company
22777 Springwoods Village Parkway,
EMHCJE3.5A.528
Spring, Texas 77389
(832)624-5451
Christopher.D.Hinson@exxonmobil.com
12. Texas Law Governs. This Agreement and all rights and obligations arising out
of it shall be construed in accordance with the laws of the State of Texas.
13. Counterparts. This Agreement may be signed in one or more counterparts;
which, taken together, shall constitute one original document.
14. Effective Date. This Agreement shall be effective as of the date noted on page
one (1) of this Agreement.
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Parties.
ATTEST:
ATTEST:
IN WITNESS WHEREOF, the undersigned execute this Agreement on behalf of the
CITY:
THE CITY OF BEAUMONT
By:
Name:
Title:
COMPANY:
EXXONMOBILPRIEUN.E COMPANY
Name:,
Title:
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