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Ordinance No. 15,159 ORDINANCE NO. 15,159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS, AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH TX BBG CONSULTING INC.,FOR PLAN REVIEW SERVICES TO ENSURE COMPLIANCE WITH THE CITY'S UNIFIED LAND DEVELOPMENT CODE("ULDC");AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED ONE HUNDRED THOUSAND AND NO.,100 DOLLARS ($100,000.00); 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 to execute and the City Clerk to attest to the First Amendment to the Professional Services Agreement with TX BBG Consulting Inc., for plan review services to ensure compliance with the City's ULDC. A copy of the amendment is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes payment to TX BBG Consulting Inc., in an amount not to exceed ONE HUNDRED THOUSAND AND NO 100 DOLLARS ($100,000.00) for plan review services to ensure compliance with the City's ULDC in accordance with the amendment authorized in Section I hereinabove. Section 3: 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 28"day of July,2022. NDON CAPETILLO, Miyor ATTEST: gPY70dV � • . o, ANGELA J CKSO . it 1 • APPROVED AS T FO OE- `, SCOTT LEMON ,City Attorney R:Karen Anderson ORDINANCES\2022\2022.07.28 IstAmendment2PSA-TX BBG Consulhng.dou EXHIBIT "A" FIRST AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT STATE OF TEXAS § § KNOWN BY THESE PRESENTS: COUNTY OF HARRIS § This First Amendment("First Amendment") to the Professional Services Agreement(the "Agreement") between the City of Baytown (the "City")and TX BBG Consulting Inc., a Texas corporation (the "Consultant")dated October 21, 2021, is made by and between the same parties on the date hereinafter last specified for plan review services for compliance with the City's Unified Land Development Code. WITNESSETH : WHEREAS, the City and the Consultant entered into the agreement for plan review services for compliance with the City's Unified Land Development Code in an amount not to exceed FIFTY THOUSAND AND NO/100 DOLLARS ($50,000.00); and WHEREAS, because of the quantity of requests for inspection and building permits, the City desires Consultant to perform more plan review services for compliance with the City's Unified Land Development Code;and WHEREAS, the Consultant is willing to perform such services under the same terms and conditions as stated in the Agreement; NOW THEREFORE, for and in consideration of the mutual covenants and agreements herein contained,the parties hereto do hereby mutually agree as follows: Amendment. Article VI "Compensation to Consultant," Section 6.1 of the Agreement is hereby amended to read as follows. ARTICLE VI. Comnensgtlon to Consultant 6.1 The City shall compensate the Consultant for the professional services performed under this Agreement based upon written work orders authorized by the Chief Building Official at the following rates: MHW Services Fees Commercial Plan Review Services IO%of City of Baytown's (valuation>$500,000 Permit Fee Residential Plan Review $60.00 per review First Amendment to Professional Services Agreement,Page L The maximum amount for which the City may be liable under this agreement shall not exceed ONE HUNDRED THOUSAND AND NO/100 DOLLARS ($100,000.00). The Consultant shall not accept any work order which it believes, coupled with previous work orders issued hereunder,may exceed such amount. IN WITNESS WHEREOF, the parties hereto have executed this First Amendment in multiple copies,each of which shall be deemed to be an original,but all of which shall constitute but one and the same amendment,this day of ,2022,the date of execution by the City Manager. CITY OF BAYTOWN RICHARD L.DAVIS,City Manager ATTEST: ANGELA JACKSON,City Clerk APPROVED AS TO FORM: SCOTT LEMOND,City Attorney TX BBG CONSULTING INC. KEVIN TAYLOR, , President First Amendment to Professional Services Agreement.Page 2 STATE OF TEXAS § COUNTY OF HARRIS § Before me, MP&4A the undersigned notary public, on this day personally appeared KevIA Taylor, the President of TX BBG Consulting, Inc., on behalf of such corporation, known to me; proved to me on the oath of ;or proved to me through his/her current i X -A (description of identification card or other document issued by the federal government or any state government that contains the photograph and signature of the acknowledging person) (check one) to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed that instrument for the purposes and consideration therein expressed. Given under my hand and seal of office this J'T�n day of ,2022. MAYRA UZETH PEREZ My No"ID113 7703735 Notary ublic in d for the State of Texas a?,�s;!;`.• EON A30,2022 My commission xpires: Pj)(!,Q First Amendment to Professional Stavices Agreement,Pap 3