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Ordinance No. 16,054 ORDINANCE NO. 16,054 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS, AUTHORIZING A SECOND AMENDMENT TO THE CONSULTING SERVICES AGREEMENT WITH KENDIG KEAST COLLABORATIVE, INC., FOR URBAN PLANNING AND ECONOMIC DEVELOPMENT CONSULTING SERVICES FOR THE DEVELOPMENT OF AN ECONOMIC DEVELOPMENT STRATEGIC PLAN AND DOWNTOWN MASTER PLAN; AUTHORIZING ADDITIONAL PAYMENTS BY THE CITY OF BAYTOWN IN AN AMOUNT NOT TO EXCEED THIRTY-SEVEN THOUSAND EIGHT HUNDRED ONE AND 05100 DOLLARS ($37,801.05); MAKING OTHER PROVISIONS RELATED THERETO;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 Consulting Services Agreement with Kendig Keast Collaborative, Inc., for urban planning and economic development consulting services for the development of an Economic Development Strategic Plan and Downtown Master Plan. A copy of said agreement is attached hereto as Exhibit "A" and incorporated herein for all intents and purposes. Section 2: That the City Council of the City of Baytown authorizes the additional payment to Kendig Keast Collaborative, Inc., in an amount not to exceed THIRTY-SEVEN THOUSAND EIGHT HUNDRED ONE AND 05. 100 DOLLARS ($37,801.05) for consulting services in accordance with the agreement authorized in Section 1 hereinabove. Section 3: That the City Manager is hereby granted general authority to approve a decrease or an increase in costs by FIFTY THOUSAND AND NO 100 DOLLARS ($50,000.00)or less. Section 4: 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 afXARLEL�Jol ' /offuncil of the City of Baytown this the 23rd day of January, 2025.S C 001AA , , Mayor "FES ° "CiAJACK t >: rty°Gler] ,�`� APPROVED AS T FO SCOTT LEMO i y o R:Ordinances and Resolutions Ordinance Dmfts\2025-01-23 Ordinance Second Amendment to PSA Economic Development Strategic Plan& Downtown Master Plan Kendig Keast Collaborative.docx EXHIBIT "A" Consulting Services Contract Amendment Unified Land Development Code Update Date of Issuance: 1 23 2025 Amendment No: 2 B E T T (_ Consultant: Kendig Keast Collaborative PO#: 2411177-1 BAYTOWN Explanation: On August 25, 2022 Baytown City Council authorized a Professional Services Agreement with Kendig Keast Collaborative to provide professional planning services for the update of the City's Unified Land Development Code (ULDC). On August 28, 2023, an amendment was made to add the production of a Development Guidebook to assist customers in their future endeavors to build in the City of Baytown. In development of these documents, additional work has been deemed necessary. This amendment will add $37,801.05 to the amended contract to bring the total to $379,501.05. This will cover all remaining costs and work for the new ULDC and Development Guidebook, plus the GIS-based ViewPro interface and training. Description of Work Cost Time 1. Start-Up period assistance $ 17,801.05 15 Days 2. Commission and board training $ 20,000.00 15 Days Total $ 37,801.05 30 Days Proposal Scope/Schedule: Start- Up Period Assistance For three months, KKC Staff will: • Provide up to 80 hours' devoted to the review of applications determined by staff to warrant consultant review and input. • Attend up to eight, two- hour video- conferences during review of applications to respond to staff questions. • Provide up to 40 hours to interact with the staff of other departments to explain the use of the new regulations. • Utilize the above hours to observe and verbally advise staff on advisable changes to the city's administrative procedures. Commission and Board Training • Produce a Development Guidebook in enCodePlus that outlines the following: o A summary of processes and procedures for each type of approval or permit covered by the new regulations; o Schedules for the development application and approval processes; and o An appendix of new or updated application forms and checklists for the approvals and pen-nits that are covered by the ULDC, also to be prepared for online" fill- in- the-blank" format. • Conduct individual 60-to-90-minute training sessions for the Board of Adjustment, Planning and Zoning Commission and City Council, which will include: • A PowerPoint presentation to familiarize them with the organization and structure of the ULDC, descriptions of each zoning district and their uses and dimensional standards,overview of the development and design standards and subdivision regulations, and review of the summary table of procedures relative to their roles and responsibilities; How to utilize enCodePlus to find the information they' re looking for, including in the text and the online map. R Template Design I of 3 D6.Revised 912023 Cost& Time Change Summary: cost rime Original Contract: $309,500.00 545-730 Days Previous Amendment(s): $32,200.00 NA Days Net increase from this Amendment: $37,801.05 0 Days Revised Contract: $379,501.05 0 Days Percent increase this Amendment (11%) Percent increase all Amendments (22%) [Remainder of Page Purposely Left Blank] R Template Design 2 of 3 D6.Revised 9 2023 Consultant agrees to perform changes(s) included in this Contract Amendment for the price and time indicated. The prices for changes included all costs associated with this Contract Amendment. No work is to be done until this Amendment is executed. No payment to the Consultant shall be made for work included in the Amendment until this Amendment is executed. Unless a different meaning clearly appears from the context, words and phrases as used in this Amendment, the terns and phrases as used herein shall have the same meanings as in the Agreement. The provisions of this Amendment and the Agreement and all previous amendments, if any, shall be read together and construed as one agreement provided that, in the event of any conflict or inconsistency, between the provisions of this Amendment and the provisions of the Agreement and any previous amendment, the provisions of this Amendment shall control. This Amendment has been jointly negotiated by the parties hereunder and shall not be construed against a party hereunder because that party may have assumed primary responsibility for the drafting of this Amendment. By this Amendment, 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 Amendment, the Agreement or any other contract or agreement or addenda, any charter, or applicable state law. Nothing contained in this Amendment or in the Agreement shall be construed in any way to limit or to waive the City's sovereign immunity. The persons executing this Agreement hereby represent that each party has the full power and authority to enter into and perform pursuant to the Amendment, and that each has been properly authorized and empowered to enter into the Amendment. Upon execution by all parties, the following changes identified for the Contract Value and/or Contract Time shown, are made part of the Contract. APPROVED: APPROVED: By: Date: By: Date: Consultant JASON E.REYNOLDS,City Manager Printed Name APPROVED AS TO CONTENT: By: Date: Title MARTIN SCRIBNER,DIRECTOR OF PLANNING AND DEVELPOMENT SERVICES APPROVED AS TO FUNDING: By: Date: TERESA McKENZIE,Chief Financial Officer By: Date: Project Manager Printed Name By: Date: Business Asset Team Member Printed Name R1TemplatelDesign 3 of 3 D6.Revised 9 2023