Ordinance No. 9,808ORDINANCT NO. 9808
AN ORDINANCE O F CITY COUNCIL OF .HE, CITY OFBAYTOWN, TEXAS,
AUTHORIZING AND DIlU1'(,,TING THE CITY MANAGER TO EXECUFF AND
THU, CITY CLERK TO ATTESTTO A CONTR ACT WITH THOS, Y. PICKE.'rT&1
COMPANY, INC,, FOR Till,,' APPRAISAL OF,' PROPERJY WiT1,11N TIIE
13AYTONVN INDUSTRIAL DISTRICTS; AUITIORIZING PAYMIM I BY THE' CITY
OF'BAN"I"O"IN IN Ti,iE AMOUNT 01"I'll IRTYTHOUS AND FIVE HUNI , )RED AND
S" O/1 DOLLARS (" 30,500.00); MAKING3 OTHER PROVISIONS REI.A'YED
THFiRF-ITO AND PROVIDING FORTHE EFFECTIVE IAA TE'ITIEREOF.
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BE IT ORDAINI"D B E, CITY COUNCIL CSI" "TH L', CITY OF BAY TOWN, TEXAS.
Section I: That thL! City COMICil 01' tIlC City of Baytown, Texas, hereby autliorizes and
directs, the City Manager and City Clerk offlic City ol'Ba)lown to execute and attest to an appraisal
a& I
, 'reement with "I'lios. Y. Pickett & Company, Inc., for (lie appraisal ol'property within the B'ay own
Industrial Districts. A copy of said agreement is attaclied hereto, marked Exhibit A," and made a part
hereof forall intents and purposes.
Section 2: That the City Council of the City ofBaytowli authorizes payment to 'rhos. Y.
Pickett & Company, Inc., in the aniount of THIRTY THOUSANF) F'IVF HUNDRED AND NO/ 100
DOLLARS (530,500.00) for appraisal services in accordance with theagreement,
Section 3: That in addition to the amount specified in Section 2 hereof, the City Manager is
hereby granted grieral authority to approve as decrease or- ;ill increase in costs by TwEINTY-FIVE
THOUSAND AND NO/100 DOLLARS ($25,0(t0.00) or less, provided that [lie aniount authorized ill
Section, 2 hereofmay not be increase([ by more than twenty-five percent (251✓).
Section 4: 'nis ordinance sluall take effect immediately froni and after its passage by the
City Council of tine City of Baytown.
INTRODUCED, Ri"'AD and PASSED by the affirmative vote of the City Council of tine City of
Baytown this the 27"' day of rvlay, 2004.
M U N DI NGF` R, �^`i_Zlyow
AT T Es, r -
G,Akk Vt SM!'i'll, City Clerk
APPROVL.D ASTO FORM-
$5, I�r1I1WIhI, SIB,, ity Attorney
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:
Appraisal Agreement for Baytown Industrial Districts, Page l
EMU A
The Company agrees and obligates itself to make such analysis and survey as of January 1,
2004, through December 31, 2004, 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 1100 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, 2004:
ADVANCED AROMATICS, INC.
AIR PRODUCTS, INCORPORATED
BAYER CORPORATION
BAYTOWN ENERGY CENTER, L.P. (FKA CALPINE CORPORATION)
BORDEN CHEMICAL, INC.
CHEVRON CHEMICAL COMPANY
DEGUSSA ENGINEERED CARBONS, L.P.
DOME HYDROCARBONS, L.C.
ECOLOCHEM, INC.
EL DORADO NITROGEN COMPANY
EXXON MOBIL CORPORATION (FKA EXXON CORPORATION)
Appraisal Agreement for Baytown Industrial Districts, Page 2
FIRST CHEMICAL TEXAS, L.P.
HOME DEPOT U.S.A., INC.
KOPPEL STEEL CORPORATION
NATURAL GAS ODORIZING, INC.
RELIANT ENERGY HL &P
RHODIA (FKA RHONE- POULENC, INC.)
SAMSON CONTROLS, INC.
SAW PIPES USA, INC.
SEAPAC, INC.
SUN CHEMICAL CORPORATION
TEXAS BRINE COMPANY BAYTOWN, LLC
TEXAS GENCO, L.P.
UNIMAST, INC.
U.S. DENRO STEEL, INC.
U.S. FILTER CORPORATION
USX CORPORATION
It is expressly understood that Thos. Y. Pickett & Company, Inc., will work diligently with
the Hams and Chambers County Appraisal Districts and the appraisal firm of Capitol Appraisal
Group 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 2004.
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 Commission
on Environmental Quality and valued under the authority of Harris and Chambers County
Appraisal District, as applicable, and the Baytown Industrial Appraisal Review Board for 2004,
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 THIRTY
THOUSAND FIVE HUNDRED AND NO 1100 DOLLARS ($30,500.00) for the year 2004, as full
compensation for the services rendered the City for the Baytown Industrial Districts under the terms
of this Agreement.
Appraisal Ag eement for Baytown Industrial District, Page 3
VII.
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 2004, 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 2004.
VIII.
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 10 93
b. No coverage shall be excluded from standard policy without notification of
Appraisal Agreement for Baytown Industrial Districts, Page 4
individual exclusions being attached for review and acceptance.
Business Automobile policy (BAP)
Combined Single Limits: $ 500,000
a. 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.
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.
X.
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,
Annraisal Aereement for Baytown Industrial Districts, Page 5
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.
XI.
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 LIABILITY 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. 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 THE
COMPANY'S OWN NEGLIGENCE, WHERE THAT NEGLIGENCE IS THE
SOLE OR CONCURRING CAUSE OF THE RESULTING INJURY, DEATH
OR DAMAGE. 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. THIS ARTICLE SHALL SURVIVE THE EXPIRATION OR
EARLIER TERMINATION OF THIS AGREEMENT AND SHALL NOT
EXPIRE.
XII.
Appraisal Agreement for Baytown Industrial Districts, Page 6
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 contractor agreement, any charter, or applicable state law. The Company assumes full
responsibility for the services performed hereunder.
XIII.
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.
XV.
This Agreement shall not bestow any rights upon any third party, but rather shall bind the
Company and the City only.
WT II
Anaraisal Agreement for Baytown Industrial Districts, Page 7
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.
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.
XX.
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 , 2004, the date of the execution by the
City Manager of the City of Baytown.
Annraisal Agreement for Baytown Industrial Districts, Page 8
ATTEST:
GARY W. SMITH, City Clerk
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
ATTEST:
(7za�e
Asst . Secretary
Anthony E. Bell
Printed Name
F:UCa.r=AFi1eskTax\2004 ContractTY PickenlTYPicken2004Revised.doc
AARaraisal Agreement for Blown Industrial District, Page 9
CITY OF BAYTOWN, TEXAS
LIM
GARY JACKSON, City Manager
THOS. Y. PICKETT & COMPANY, INC.
B c
ROBERT T. LEHN, Vice President