Agenda Item 8C - Disaster Debris RemovalAGENDA ITEM:
SUBMITTED BY:
DATE:
CITY OF ATLANTIC BEACH
CITY COMMISSION MEETING
STAFF REPORT
AGENDA ITEM# 8C
.J ULY 14 ,20 14
Contingency Contract Extension for Disaster Debris Removal Services
and Transfer of Contract from Byrd Brothers to Ceres Environmental
Douglas E. Layton, P .E., Director of Public Works
June 16, 2014
BACKGROUND: In 201 1, the City awarded contingency contracts for Disaster Debris
Removal Services to Byrd Brothers as primary contractor and to Ash Britt, In c . as secondary
contractor. The origina l contract was for three years and allowed for one renewal not t o exceed
three years, with allowance to annually adjust bid prices at the Contractor's request by a
percentage up to the Consumer Price Ind ex-Urban Consumers (CPI-U). Neither contractor
has requested price adjustments . During this past year, Byrd Brothers assets and contracts are
being transferred to Ceres Environmental Services, Inc.
The bid required the successful bidder to begin initial clearance of storm-related debris
from critical roadways identified by the City of Atlantic Beach within twenty-four (24) hours of
receipt of notice to proceed .
BUDGET: This is a Pre-Event I Contingency contract and would be executed on an
emergency I as needed basis. No funds are appropriated in advance for disaster deb ris
cleanup.
RECOMMENDATION: Staff recommends approval of a three year extension for both
contingency contracts awa rding the primary contract to Ceres Environmental Services, with
AshBritt as backup and authorizing the City Manger to sign the contract extens ions and the
con tract transfer agreement for the City.
ATTACHMENT: (1) Contract Transfer Agreement
..
REVIEWED BY C ITY MANAGER: '::71 t/ (kn d<?<.f
Assignment of Individual Contract
FOR VALUE RECEIVED, Byrd Brothers Emergency Services, L.L.C. ("Byrd") hereby assigns and otherwise
transfers ("assigns") to Ceres Environmental Services, Inc. ("Ceres") all rights, title and interest held by Byrd in
and to the contract described as follows:
Conb·act dated May 12, 2014, between Byrd Brothers Emergency Services, L.L.C. and Ceres Environmental
Services, Inc. and concerning the City of Atlantic Beach, Florida.
Byrd warrants and represents that said contract is in full force and effect and is fully assignable. Byrd further
warrants that it has the full right and authority to transfer said contract and that contract rights herein transferred are
free of lien, encumbrance or adverse claim. Said contract has not been modified and remains on the terms
contained therein.
Ceres hereby assumes and agrees to perform all remaining and obligations of Byrd under the contract and agrees to
indemnify and hold Byrd hamJ!ess from any claim or demand resulting from non.perfomJance by Ceres. Ceres
shall be entitled to all monies remaining to be paid under the contract, which rights are also assigned hereunder.
This Assignment shall become effective as of the date last executed and shall be binding upon and inure to the
benefit of the parties, their successors and assigns.
Dated: .:;;: ~ fl ~ f Lj
Dated: {= )]~ /'(
Consent of Contract Owner
I hereby consent to this Assignment of Contract affirming that no modification of the contract is made or intended,
except that Ceres is now and hereafter substituted for Byrd.
Dated: ______ _
Signature
Name of Contract Owner
Page II
AGENDA ITEM# 8C
JULY 14,2014