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Ordinance No. 8,582n U 990513 -9 ORDINANCE NO. 8582 AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO ATTEST TO AN INDUSTRIAL APPRAISAL SERVICES CONTRACT WITH THOS, Y. PICKETT & COMPANY, INC.; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes and directs the City Manager and City Clerk of the City of Baytown to execute and attest to an industrial appraisal services contract with Thos. Y. Pickett & Company, Inc. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown this the 13`h day of May, 1999. ATTEST: EILEEN P. HALL,-City Clerk APPROVED AS TO FORM: fGN'ACTO RAMI EZ, , City Attorney c:klh I 67\ council \ordinancesVFYPickettAppraisa [Contract I999.Ordinance PETE C. ALFAR15, Mayor Appraisal Agreement for Baytown Industrial Districts THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTIES OF HARRIS § AND CHAMBERS § THAT WHEREAS, the City Council of the City of Baytown, Harris and Chambers Counties, Texas, hereinafter referred to as the "City," does not have available among the files and records of such City a survey of specific industrial and utility plants of whatever character for the Baytown Industrial Districts, nor do they have the necessary scientific or technical skill to compile, evaluate, and make such survey, for the convenience and information of the Tax Assessor - Collector of said City in assessing the valuations of such properties in legal conformity with all other property valuations in said City for the Baytown Industrial Districts for which the City of Baytown collects taxes; and WHEREAS, the Industrial Appraisal Review Board and the City of Baytown, sitting as such board, as required by law, has heretofore and will in the future have submitted to it for inspection, correction, or equalization and approval, renditions of or assessments against specific industrial and utility plants; and in the performance of the duties by law upon such board, will have need for testimony pertaining to such properties, requiring scientific knowledge, technical skill and experience in analysis and appraisal of such properties, and WHEREAS, the City Council of the City of Baytown for the Baytown Industrial Districts has determined the need and advisability of employing experts skilled in the matter of analysis and appraisal of such properties to compile information for use by the Industrial Appraisal Review Board in its inspecting, correcting, equalizing, and approving the valuations of or assessments against such properties, duly submitted to it by the Tax Assessor - Collector, for the City of Baytown for the Baytown Industrial Districts; and WHEREAS, it is ascertained and determined that Thos. Y. Pickett & Company, Inc., of Dallas County, Texas, hereinafter referred to as "Company," are experts with many years experience in such matters and employ professional engineers, registered in this State, who have scientific and technical knowledge; and WHEREAS, it is found and determined to be to the advantage of the City of Baytown for the Baytown Industrial Districts that said City Council employ the services of Thos. Y. Pickett & Company, Inc., for said purposes; IT IS THEREFORE AGREED BY AND BETWEEN the City of Baytown for the Baytown Industrial Districts of Harris and Chambers Counties, Texas, acting herein by and through its City Council, and Thos. Y. Pickett & Company, Inc., of Dallas County, Texas, as follows: EXHIBIT A ArmraiNal Agreement for 13avtown Industrial Districts, Page I ® The Company agrees and obligates itself to make such analysis and survey as of January 1, 1999, through December 31, 1999, which shall include all of the information which the Company after exercising due diligence is able to procure pertaining to the character, quality, quantity, as well as the value of specific industrial and utility plants within the City and within the Baytown Industrial Districts for use of the Industrial Appraisal Review Board in reviewing and equalizing the assessments against such properties submitted to it by the Tax Assessor- Collector for said Board's approval, and for the further purpose of furnishing the testimony as hereinafter specified. II. The Company further agrees to provide such expert testimony as may be required in any civil litigation arising from the appraisals of property covered by this contract, at a rate not to exceed SIX HUNDRED AND NO /100 DOLLARS ($600.00) per day. The Company shall also be reimbursed by the City for reasonable travel and expenses. III. The Company further agrees to compile all information procured during its investigation, analysis, and survey, in such a manner as to facilitate and expedite the introduction of such expert testimony as requested by the Industrial Appraisal Review Board, based on such information and presented in concise and intelligent form acceptable to the Board. IV. The Company further agrees to make available at stated sessions of the Industrial Appraisal Review Board, such qualified, competent, technical personnel as may be required or requested by the City and to furnish for the benefit of the Industrial Appraisal Review Board, such expert testimony as may be deemed advisable by said Board pertaining to the estimated valuation of specific industrial and utility plants as enumerated, as of January 1, 1999: ADVANCED AROMATICS, INC. AIR PRODUCTS, INCORPORATED AMOCO CHEMICALS CORP. BAYER CORPORATION BORDEN CHEMICAL, INC. CHEVRON CHEMICAL COMPANY EL DORADO NITROGEN COMPANY ENGINEERED CARBONSjNC. EXXON CORPORATION FIRST CHEMICAL TEXAS, L.P. ® HERITAGE INKS INTERNATIONAL CORPORATION HOUSTON LIGHTING AND POWER COMPANY KOPPEL STEEL CORPORATION Appraisal Agreement for Baytown Industrial Districts, Page 2 NATURAL GAS ODORIZING © RHONE - POULENC BASIC CHEMICAL-COMPANY SAMSON CONTROLS, INC. SAW PIPES USA, INC. SEAPAC, INC. TEXAS BRINE U.S. FILTER CORPORATION USX CORPORATION It is expressly understood that Thos. Y. Pickett & Company, Inc., will work diligently with the Harris and Chambers County Appraisal Districts and the appraisal firm of Pritchard & Abbott in coordinating and allocating values located in or appraised by the Harris and Chambers County Appraisal Districts. All such efforts will be done in a harmonious manner in properly describing, defining and allocating values for the Baytown Industrial Districts. Moreover, it is further understood that Thos. Y. Pickett & Company, Inc., cannot consistently defend or testify at Review Board hearings or civil courts having jurisdiction to any value assigned or adjudicated by the Industrial Appraisal Review Board for the respective Appraisal Districts in its final action in certifying valuations for such properties for 1999. V. Company further understands and agrees that it shall render to the City general advice on the planning for the impact of the Pollution Control Exemptions granted by the Texas Natural Resources Conservation Commission and valued under the authority of Harris and Chambers County Appraisal District, as applicable, and the Baytown Industrial Appraisal Review Board for 1999, and new construction exemptions granted by the City as defined within the industrial district agreements. VI. FOR AND IN CONSIDERATION of the skilled services, technical knowledge and experience of the Company, in performance of the obligations herein agreed to be performed by the Company, the City agrees and obligates itself to pay the Company the sum of TWENTY -FOUR THOUSAND AND NO 1100 DOLLARS ($24,000.00) for the year 1999, as full compensation for the services rendered the City for the Baytown Industrial Districts under the terms of this Agreement. Vli. Payments shall be made on this contract at the office of the Company, 4464 Sigma Road, Dallas, Texas 75244, from time to time as the work progresses, as follows: FOUR THOUSAND AND NO / 100 DOLLARS ($4,000.00) on the first day of April, May, June and July 1999, and the balance shall be paid upon completion of the work and after final action has been taken by the Industrial Appraisal Review Board in and for the City of Baytown for the Baytown Industrial Districts for the year 1999. Appraisal Agreement for Baytown Industrial Districts, Page 3 • Vill. The said Thos. Y. Pickett & Company, Inc., further agrees that in no way will the said City of Baytown be obligated to Thos. Y. Pickett & Company, Inc., or their assistants, for salaries, expenses, or materials except as above stated. IX. Throughout the term of this Agreement, the Company at its on expense shall purchase, maintain, and keep in force and effect insurance against claims for injuries to or death of persons or damages to property which may arise out of or result from the Company's operations and /or performance of the services under this Agreement, whether such operations and/or performance be by the Company, its officers, agents, representatives, volunteers, employees or subcontractors or by anyone directly or indirectly employed by any of them or by anyone for whose acts any of them may be liable. The Company's insurance coverage shall be primary insurance with respect to the City, its officers, agents, and employees. Any insurance or self - insurance maintained by the City, its officials, agents and employees, shall be considered in excess of the City's insurance and shall not contribute to it. Further, the Company shall include all subcontractors, if any, as additional insureds under its commercial general liability policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. The following is a list of standard insurance policies along with their respective minimum coverage amounts required in this Agreement: Commercial General Liability (CGL) General Aggregate: $1,000,000 Per Occurrence: $ 500,000 Fire Damage: $ 50,000 a. Coverage shall be at least as broad as ISO CG 00 01 1093 b. No coverage shall be excluded from standard policy without notification of individual exclusions being attached for review and acceptance. Business Automobile policy (BAP) Combined Single Limits: $ 500,000 Coverage for "Any Auto" Errors and Omissions (E &O) Limit: $ 250,000 a. Claims -made form is acceptable. Coverage will be in force for two (2) years ® after Project is completed. Appraisal Agecmcnt for Baytown Industrial Districts, Page 4 • Workers' Compensation: Statutory Limits Employer's Liability: $500,000 a. Waiver of subrogation is required. Upon Execution of this Agreement, the Company shall file with the City valid Certificates of Insurance and endorsements acceptable to the City. Such Certificates shall contain a provision that coverage afforded under the policies will not be canceled, suspended, voided, or reduced until at least sixty (60) days' prior written notice has been given to the City via certified mail, return receipt requested. The Company shall also file with the City valid Certificates of Insurance covering all Subcontractors. The following are general requirements which are applicable to all policies: a. AM Best Rating of A: VII or better. b. Insurance carriers licensed and admitted to do business in the State of Texas will be accepted. C. Liability policies will be occurrence form. E &O can be on claims -made basis. d. City of Baytown, its officials and employees are to be added as Additional Insureds to liability policies. e. Upon request of and without cost to City of Baytown, certified copies of all insurance policies and /or certificates of insurance shall be furnished to City of Baytown's representative. Certificates of insurance showing evidence of insurance coverage shall be provided to the City of Baytown's representative prior to execution of this Agreement. f Upon request of and without cost to City of Baytown, loss runs (claims listing) of any and /or all insurance coverage shall be furnished to the City of Baytown's representative. E! This Agreement may be terminated by the City of Baytown for cause or for convenience by giving ten (10) days' written notice to the Company. If this Agreement is so terminated by the City, the Company shall be compensated only for the services actually performed and tendered to the City in accordance with the schedule enumerated in article VII hereof. Upon such notice of termination by the City, the Company shall stop work immediately, mitigate any costs to be paid by the City, and forward all documents which the Company has created in furtherance of this Agreement to the Owner. APnraisal Agreement for Baytown Industrial Districts, Page 5 • 0 E" INDEMNITY THE COMPANY AGREES TO AND SHALL INDEMNIFY, HOLD HARMLESS, AND DEFEND THE CITY, ITS OFFICERS, AGENTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, LOSSES, DAMAGES, CAUSES OF ACTION, SUITS AND LIABQITY OF EVERY KIND, INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS, AND ATTORNEYS' FEES, FOR INJURY TO OR DEATH OF ANY PERSON, OR FOR ANY AND ALL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICES PERFORMED BY THE COMPANY PURSUANT TO THIS AGREEMENT, THE CONDUCT OR MANAGEMENT OF THE COMPANY'S BUSINESS OR ACTIVITIES, OR FROM ANY ACT OR OMISSION BY THE COMPANY, ITS AGENTS, SERVANTS, EMPLOYEES, SUBCONTRACTORS, GUESTS, OR INVITEES PERFORMED IN FURTHERANCE OF THIS AGREEMENT, WHERE SUCH INJURIES, DEATH OR DAMAGES ARE CAUSED BY THE JOINT NEGLIGENCE OF THE CITY AND ANY OTHER PERSON OR ENTITY OR THE SOLE OR JOINT NEGLIGENCE OF THE COMPANY. IT IS THE EXPRESSED INTENTION OF THE PARTIES HERETO, BOTH THE COMPANY AND THE CITY, THAT THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH IS INDEMNITY BY THE COMPANY TO INDEMNIFY AND PROTECT THE CITY FROM THE CONSEQUENCES OF (I) THE CITY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS A CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE AND (II) THE COMPANY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY, DEATH OR DAMAGE. FURTHERMORE, THE INDEMNITY PROVIDED FOR IN THIS PARAGRAPH SHALL HAVE NO APPLICATION TO THE CITY FOR ANY CLAIM, LOSS, DAMAGE, CAUSE OF ACTION, SUIT AND LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE SOLE NEGLIGENCE OF THE CITY, UNMIXED WITH THE FAULT OF ANY OTHER PERSON OR ENTITY. IN THE EVENT THAT ANY ACTION OR PROCEEDING IS BROUGHT AGAINST THE CITY BY REASON OF ANY OF THE ABOVE, THE COMPANY FURTHER AGREES AND COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY LEGAL COUNSEL ACCEPTABLE TO THE CITY. XII. By this Agreement, the City does not consent to litigation or suit, and the City hereby expressly revokes any consent to litigation that it may have granted by the terms of this Agreement or any other contract or agreement, any charter, or applicable state law. The Company assumes full responsibility for the services performed hereunder. APnraisal Afrecntent for Baytown Industrial Districts, Pago 6 • )(Ill. • Unless otherwise specified, written notice shall be deemed to have been duly served if delivered in person to the individual, or if delivered at or sent by overnight or facsimile transmission or if delivered or sent by certified or registered mail to its business address as indicated hereinbelow: COMPANY Thos. Y. Pickett & Company, Inc. Attn: Robert T. Lehn 4464 Sigma Road Dallas, Texas 75244 Fax: (972) 387 -4944 CITY City of Baytown Attn: City Manager P.O. Box 424 Baytown, TX 77522 Fax: (281) 420 -6586 Each party will have the right to change its business address by giving at least thirty (30) calendar days' written notice to the other party of such change. Notice given by mail shall be deemed given three (3) calendar days after the date of the mailing thereof. XIV, The parties agree that this Agreement shall not be construed in favor of or against any party on the basis that the party did or did not author this Agreement. M This Agreement shall not bestow any rights upon any third party, but rather shall bind the Company and the City only. XVI. This Agreement contains all the agreements of the parties relating to the subject matter hereof and is the full and final expression of the agreement between the parties. Appraisal A -regiment for Baytown Industrial QistricLs, Pagc 7 0 XVII. The Company shall not sell, assign or transfer any of its rights or obligations under this contract in whole or in part without prior written consent of the City. XVIII. Failure of either party hereto to insist on the strict performance of any of the agreements herein or to exercise any rights or remedies accruing thereunder upon default or failure of performance shall not be considered a waiver of the right to insist on and to enforce by an appropriate remedy, strict compliance with any other obligation hereunder to exercise any right or remedy occurring as a result of any future default or failure of performance. XIX. This Agreement shall in all respects be interpreted and construed in accordance with and governed by the laws of the State of Texas and the City, regardless of the place of its execution or performance. The place of making and the place of performance for all purposes shall be Baytown, Harris County; Texas. M All parties agree that should any provision of this Agreement be determined to be invalid or enforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. XXI. The officers executing this Agreement on behalf of the parties hereby confirm that such officers have full authority to execute this Agreement and to bind the party he represents. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiple copies, each of which shall be deemed to be an original, but all of which shall constitute but one and the same Agreement on the _ day of 1999, the date of the execution by the City Manager of the City of Baytown. CITY OF BAYTOWN, TEXAS 0 MONTE MERCER, City Manager Appraisal Agreement for Baytown Industrial Districts, Pagc 8 0 ATTEST: EILEEN P. HALL, City Clerk APPROVED AS TO FORM: IGNACIO RAMIREZ, SR., City Attorney ATTEST: Secretary Printed Name c: k1h164 \Tns1TYPickctt.1999.Contra(. 042199 Aj2oraisal Apyeement for B i%gown Industrial Districts, Page 9 THOS. Y. PICKETT & COMPANY, INC. fM ROBERT T. LEHN, Vice President