Ordinance No. 15,343 ORDINANCE NO. 15,343
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN,TEXAS,
AUTHORIZING THE SECOND 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 A
TOTAL AMOUNT NOT TO EXCEED TWO HUNDRED THOUSAND AND NO/100
DOLLARS ($200,000.00); 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 Second 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 a total amount not to exceed TWO HUNDRED THOUSAND AND N01100 DOLLARS
($200,000.00) 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 12"'day of January,2023.
NDON CAPETILLO, Ma or
• .y/
ANGELA A�0,i6ON,:City Clem Cog
APPROVED S y
SCOTT LEMb D, City Attorney
RAKaren Anderson\ORDINANCES1202312023.01.12\2ndAntendment2PSA-TX BBG Consulting.docx
EXHIBIT "A"
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS §
This Second Amendment("Second 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, on July 29, 2022, the City and the Consultant entered into the First
Amendment to the Agreement to allow for the performance of more plan review services for
compliance with the City's Unified Land Development Code; and
WHEREAS, because of the quantity of requests for inspection and building permits, the
City desires Consultant to perform additional 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.
Compensation 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:
Second Amendment to Professional Services Agreement,Page 1
N.J. in
Services Fees
Commercial Plan Review Services 10% of City of Baytown's
valuation > $500,000) Permit Fee
Residential Plan Review $60.00 per review
The maximum amount for which the City may be liable under this agreement shall
not exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00). 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 Second 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 2023, the date
of execution by the Interim City Manager.
CITY OF BAYTOWN
JASON E. REYNOLDS, i A-City Manager
ATTEST:
ANGELA JACKSON, City Clerk
APPROVED AS TO FORM:
SCOTT LEMOND, City Attorney
TX BBG CONSULTING INC.
KEVIN TAVL-OR, CBO, MCP
President
Second Amendment to Professional Services Agreement,Page 2
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, NAOLN l4wt , the undersigned notary public, on this day
personally appeared Kevin Taylo , the President of TX BBG Consulting, Inc., on behalf of such
corporation,
known tome;
proved to me on the oath of ; or
proved to me through his/her current
(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 (o day of 2023.
IN
Y P UB�..,0 5 .� Notary Public ' d for th State of Texas
••,4Pp
ao ��• s My commission expires: Li �ko
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Second Amendment to Professional Services Agreement,Page 3
SECOND AMENDMENT TO THE
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS §
§ KNOWN BY THESE PRESENTS:
COUNTY OF HARRIS
This Second Amendment ("Second 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/]00 DOLLARS ($50,000.00); and
WHEREAS, on July 29, 2022, the City and the Consultant entered into the First
Amendment to the Agreement to allow for the performance of more plan review services for
compliance with the City's Unified Land Development Code; and
WHEREAS, because of the quantity of requests for inspection and building permits, the
City desires Consultant to perform additional 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.
Compensation 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:
Second Amendment to Professional Services Agreement,Page 1
Services • , Fees
Commercial Plan Review Services 10% of City of Baytown's
valuation > $500,000) Permit Fee
Residential Plan Review $60.00 per review
The maximum amount for which the City may be liable under this agreement shall
not exceed TWO HUNDRED THOUSAND AND NO/100 DOLLARS
($200,000.00). 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 Second Amendment in
multiple copies, each of which shall bG�tigmed to t original, but all of which shall constitute
but one and the same amendment, this day of 2023,the date
of execution by the Interim City Manager.
CITY OF BAYTOWN
JAS rE.RE S tm City Manager
�F gp,Y... .. T
ATTEST: by •..<
_ o
ANGELA CK 0,Ne'Gity Clergy P
UF e
APPROVE TO FORM:
SCOTT L OND, City Attorney
TX BBG CONSULTING INC.
KEVIN TAVIIM, CBO, MCP
President
Second Amendment to Professional Services Agreement,Pa,-e 2
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me, "';LtAgw/ C�oS, the undersigned notary public, on this day
personally appeared Kevin Taylo , the President of TX BBG Consulting, Inc., on behalf of such
corporation,
known tome;
proved to me on the oath of ;or
proved to me through his/her current
{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 (o day of 2023.
\\\1\\I I I I I I I I �
`\\ Y CAVA,bi*
\ .�OY p"a�d ���.� Notary Public fiVnd for thelState of Texas
a :ro ue�/p My commission expires:
,t,� Q,1 5. ,
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Second Amendment to Professional Services Aereement Page 3