Ordinance No. 13,461ORDINANCE NO. 13,461
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE FIRST AMENDMENT TO THE PROFESSIONAL SERVICES
AGREEMENT WITH BBG CONSULTING, INC., FOR CONSULTING SERVICES
FOR COMMERCIAL INSPECTION SERVICES, COMMERCIAL PLAN REVIEW
SERVICES, AND RESIDENTIAL PLAN REVIEW SERVICES; AUTHORIZING
FUNDS IN A TOTAL AMOUNT NOT TO EXCEED FIFTY THOUSAND AND
NO1100 DOLLARS ($50,000.00); MAKING OTHER PROVISIONS RELATED
THERETO; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
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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 the City
Manager to execute and the City Clerk to attest to the First Amendment to the Professional Services
Agreement with BBG Consulting, Inc., for commercial inspection services, commercial plan review
services, and residential plan review services. A copy of said agreement 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 additional funds payable
to BBG Consulting, Inc., in an amount not to exceed FIFTY THOUSAND AND N0I100 DOLLARS
($50,000.00) for professional services in accordance with the agreement approved in Section 1 hereof.
Section 3: That the City Manager is hereby granted general authority to approve a decrease
or an increase in costs by FIFTY THOUSAND AND N01100 DOLLARS ($50,000.00) or less, provided
that the amount authorized in Section 2 hereof may not be increased by more than twenty-five percent
(25%).
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 affirmative vote of the Ity Council of the City of
Baytown this the 27`x' day of April, 2017.
ATTE T:
L TICIA BRYSCH, City Cl
APPROVED AS TO FORM:
ACIO RAMIREZ, SR., Ci ttorney
DONCARLOS,
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Acobfs0l legal Karen Files City CounciFordinances\2017\April 27 BBGConsultingContractforinspection&PlanReviewServices.doc
Exhibit "A"
FIRST AMENDMENT
TO THE
PROFESSIONAL SERVICES AGREEMENT
STATE OF TEXAS
COUNTY OF HARRIS
This First Amendment ("First Amendment') to the Professional Services Agreement (the
"Agreement') between the City of Baytown (the "City") and BBG Consulting, Inc., a California
corporation (the "Consultant') dated February 14, 2017, is made by and between the same parties on the
date hereinafter last specified for commercial inspection services, commercial plan review services, and
residential plan review services.
WITNESSETH:
WHEREAS, the City and the Consultant entered into the Agreement for commercial inspection
services, commercial plan review services, and residential plan review services in an amount not to
exceed FIFTY THOUSAND AND N0/100 DOLLARS ($50,000.00); and
WHEREAS, because of the quantity of requests for inspection and building permits, the City
desires Consultant to perform more commercial inspection services, commercial plan review services, and
residential plan review services; 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:
1. Definitions. Unless a different meaning clearly appears from the context, words and phrases as
used in this First Amendment shall have the same meanings as in the Agreement.
2. Amendment. Article VI "Compensation to the Consultant," Section 6.1 of the Agreement is
hereby amended to read as follows:
ARTICLE VL
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:
First Amendment, Page 1
The maximum amount for which the City may be liable under this agreement
shall not exceed ONE HUNDRED THOUSAND AND N01100 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.
3. Entire Agreement. The provisions of this First Amendment and the Agreement should be read
together and construed as one agreement provided that, in the event of any conflict or
inconsistency between the provisions of this First Amendment and the provisions of the
Agreement, the provisions of this First Amendment shall control.
4. Interpretation. This First 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 First Amendment.
5. Captions. Captions contained in the Agreement and the First Amendment are for reference only
and, therefore, have no effect in construing the documents. The captions are not restrictive of the
subject matter of any section.
6. No Waiver. By this First 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
First Amendment, the Agreement or any other contract or agreement or addenda, any charter, or
applicable state law. Nothing contained in this First Amendment or in the Agreement shall be
construed in any way to limit or to waive the City's sovereign immunity.
IN WUNESS 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 , 2017, the date of execution by the
City Manager.
CITY OF BAYTOWN
RICHARD L. DAVIS, City Manager
ATTEST:
LETICIA BRYSCH, City Clerk
First Amendment, Page 2
APPROVED AS TO FORM:
IGNACIO RAMIREZ, SR., City Attorney
BBG CONSULTING, INC.
KEVIN TAYLOR, CBO, MCP
Vice President, Head of Texas Operations
STATE OF TEXAS §
COUNTY OF HARRIS §
z
Before me, ,'tel. 11� L 1.� �0.rn the undersigned notary public, on this day
personally appeared Kevin Taylor, the Vice President and Head of Texas Operations of BBG
Consulting, Inc., on behalf of such corporation,
known to me;
proved to me on the oath of ; or
LG proved to me through his/her current L2 1, [_r— r, e— 2`30 3030
[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 day of f i ( 12017.
CECIL 0. WILLIAN
NofgrY Pub"C, Sfate of
My Commission Exp
May 11, 2019
Public in and for the State of Texas
emission expires: O 5 —1 l -x019
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