DEBRIS, MONITORING, AND CONTRACTOR PROCUREMENT! MANAGE, REMOVE & DISPOSE (what s eligible, what s not, and when do we get reimbursed?) Presenter: Kirby McCrary, P.E.
REFERENCES WHAT DO WE USE FOR GUIDANCE? The Robert T. Stafford Disaster Relief and Emergency Assistance Act (Stafford Act), the authority governing the Public Assistance Program. Regulations published in the Code of Federal Regulations (CFR), and various sections implement and interpret the statute. Policies are written to apply the statute and regulations to specific subjects and situations. Fact Sheets, guidance documents, and disasterspecific documents provide clarification and detailed explanations of issues and concerns.
REFERENCES Public Assistance Program and Policy Guide (PAPPG) Document No. Superseded Documents * 9523.4 Demolitionof Private Structures 9523.5 Debris Removal from Waterways 9523.11 Hazardous Stump Extraction and Removal Eligibility 9523.12 Debris Operations - Hand-Loaded Trucks and Trailers 9523.13 Debris Removal from Private Property 9580.201 Debris Contracting Guidance 9580.202 Debris Removal Authorities of Other Federal Agencies Fact Sheet 9580.203 Debris Monitoring 9580.204 Documenting and Validating Hazardous Trees, Limbs, and Stumps 9580.212 Public Assistance Grant Contracting FrequentlyAsked Questions 9580.214 Debris Removal on Federal-Aid Highways FEMA 321 FEMA 322 FEMA 323 FEMA 325 FEMA 327 Public Assistance Policy Digest Public Assistance Guide Public Assistance Applicant Handbook Public Assistance Debris Management Guide Public Assistance Debris Monitoring Guide Alternative Procedures Pilot Program for Debris Removal: Frequently Asked Questions Alternative Procedures Pilot Program - Debris Removal: Debris ManagementPlan Review Job Aid * NOTE: Still in effect for incidents declared prior to January 1, 2016.
REFERENCES ALTERNATIVES PROCEDURES PILOT PROGRAM FOR DEBRIS REMOVAL (ver 4, 6/28/16 thru 6/27/17) May elect to participate in one or more: Increased Federal share based on a sliding scale; is linked to the accelerated completion of debris removal from start of the incident period. Reimbursement of straight-time for force account labor. Retention of revenue from recycling debris. A one-time 2 percent increased cost-share incentive for a FEMA-accepted debris management plan with pre-qualified debris removal contractor(s) before the start of the incident period.
REFERENCES ALTERNATIVES PROCEDURES PILOT PROGRAM FOR DEBRIS REMOVAL INCREASED FEDERAL SHARE PERCENTAGES 90 days Plus, a one-time 2% Federal cost share increase with a FEMA-approved debris management plan (DMP) and at least one (1) pre-qualified debris removal contractor
Question #1: What is Debris?
Answer: Typical Debris Streams Types of Disasters Vegetative Construction & Demolition (C&D) Personal Property/ Household Items Hazardous Waste Household Hazardous Waste (HHW) White Goods Sand, Mud, Silt, Rocks, Boulders Vehicles and Vessels Hurricanes/Typhoons X X X X X X X X X X X Tsunamis X X X X X X X X X X X Tornadoes X X X X X X X X X Floods X X X X X X X X X X X Earthquakes X X X X X X X Wildfires X X X X X X X X Winter Ice Storms X X X Severe Storms/High Winds X X X X Acts of Terrorism X X X X X X Putrescent Electronic Waste Sandbags
Question #2: What is Eligible Debris?
Answer: Specifically: Must be the result of the declared incident, Is it eligible? and; Must be located in the designated disaster area, and; Must be the legal responsibility of an eligible Applicant.
Answer: Generally: Must be in the Public Interest, meaning its removal: eliminates immediate threats to life, public health, and safety; or Is it eligible? eliminates immediate threats of significant damage to improved public or private property; or ensures economic recovery of the affected community to the benefit of the community-at-large; or mitigates risk to life and property by removing substantially damaged structures and associated structures and appurtenances as needed to convert property acquired using HMGP funds to uses compatible with open space, recreation, or wetlands management practices. But the debris cannot come from commercial businesses, unimproved property, land used for agricultural purposes, federallymaintained navigable waterways, or flood control works under NRCS jurisdiction.
DEBRIS MONITORING
Question #3: What is Debris Monitoring?
DEBRIS MONITORING Debris monitoring is the comprehensive observation and documentation of debris removal work performed from the point of debris collection to final disposal. Monitoring debris removal work involves constant observation of crews to ensure that workers are performing eligible work in accordance with Public Assistance guidelines and all applicable Federal, State, and local regulations. Failure to properly monitor debris removal operations could jeopardize Public Assistance funding.
DEBRIS MONITORING ATTRIBUTES Comprised of force account resources (including temporary hires), contractors, or a combination. Rates/pay should reflect the level of responsibility (unreasonable to use higher qualified personnel). Monitors must be trained (FEMA, State, private) in debris operations, monitoring, documentation, and FEMA eligibility criteria. Eligible debris monitoring activities include: Management/supervisory oversight. Monitoring contracted debris loading and disposal sites. Compiling documentation of operation (load tickets, monitor reports, etc.). Conducting debris monitor training.
DEBRIS OPERATIONS STRATEGIES
Question #4: What are Operation Strategies?
DEBRIS OPERATIONS STRATEGIES PRIORITIES BASED ON RESPONSE & RECOVERY Response: short term operations performed immediately following an event to address debris posing an immediate threat to public health and safety (cut n toss or initial push). Recovery: longer term operations performed after response has concluded; includes removal, reduction, recycling, debris management site (DMS) operations, and final disposal.
DEBRIS OPERATIONS STRATEGIES RESPONSE Performed typically as a T&M operation to open roads for traffic (min. 1 lane each direction); no debris removal performed. Guidance previously limited cut n toss to 70 hours; PAPPG doesn t define any longers. However, FEMA s Public Assistance Grantee and Subgrantee Procurement Requirements Field Manual still references the 70 hour limit. Use competitive process that includes labor and equipment rates. Monitoring and documentation of the operation are very important.
DEBRIS OPERATIONS STRATEGIES RECOVERY Performed as a unit rate operation to collect and remove eligible debris from the right-of-way and other public areas. May involve direct-landfilling of debris or use of a DMS. Use competitive process that includes unit rates for all applicable debris streams (no T&M). Monitoring and documentation of the operation are very important (either paper load ticket or electronic ticket system). Every load must be observed (monitored) and must receive a load ticket.
DEBRIS OPERATIONS STRATEGIES RECOVERY HAZARDOUS LIMBS, TREES, AND STUMPS Still in place, and damaged to the extent they pose an immediate threat. Not eligible if the hazard existed prior to the event or if the item does not extend over improved property or a public-use area (sidewalk, trail, etc.). Typically, collected/removed under a per each unit rate but disposed of under a volume or weight unit rate. Each has specific eligibility criteria and documentation requirements for FEMA funding. Limbs removal should be based on per tree (not per limb) unit rate. Trees may be braced (Cat B) only if less costly than removal and disposal; however, it becomes ineligible for future removal costs if it dies. Routine pruning, maintenance, trimming, and landscaping are not eligible.
DEBRIS OPERATIONS STRATEGIES HAZARDOUS BROKEN LIMBS Limb s diameter must be 2 inches or greater at point of break. Must pose an immediate threat by hanging over improved property or public use area (playground, roadway, ROW). If it originates from private property, is eligible if it extends over the public ROW, it poses an immediate threat, and it can be removed from the public ROW (can t go onto private property). Only the minimum cut necessary to remove the hazard is eligible. Must be thoroughly monitored and documented.
DEBRIS OPERATIONS STRATEGIES HAZARDOUS TREES Tree s diameter must be 6 inches or greater when measured 4.5 feet above ground level. To be eligible, the tree must have a split trunk, a broken canopy, or be leaning at an angle greater than 30 degrees from vertical. If rootball is less than 50% exposed, flush cut the tree at ground level and dispose of cut portion based on volume or weight. If rootball is 50% or more exposed, remove tree and rootball, and backfill hole. FEMA will not reimburse for two separate removal unit costs. Must be thoroughly monitored and documented.
DEBRIS OPERATIONS STRATEGIES HAZARDOUS STUMPS A contracted stump is one whose diameter is 2 feet or greater when measured 2 feet above ground level. To be considered under a hazardous stump unit rate, extraction is required as part of the removal as well as transport, disposal and backfill of hole. Grinding in-place is eligible if less costly than extraction. Stumps smaller than 2 feet in diameter or stumps of any size not requiring extraction are paid for as general vegetative debris (volume or weight). Must be thoroughly monitored and documented.
DEBRIS OPERATIONS STRATEGIES DOCUMENTATION FOR LIMBS, TREES, AND STUMPS The Applicant must provide all of the following documentation to support the eligibility of removing hazardous limbs/branches, trees, or stumps that are still in place: Specifics of the immediate threat with location (GPS coordinates) and photo and/or video establishing the item is on public property; and Diameter of each item removed as measured at appropriate spot; and The equipment used to perform the work; and For stumps, the quantity of the material used to backfill the root-ball holes. Highly recommend these operations be done in close coordination with FEMA or State representatives unless absolutely required.
DEBRIS OPERATIONS STRATEGIES WATERWAYS Removal necessary to eliminate the immediate threat to life, public health and safety, or improved property is eligible. Removal that does not meet this criterion is not eligible, even if the debris is deposited by the incident. For HazMat spill-type disasters, USCG and USEPA have jurisdiction (coastal & inland zones respectively). Ineligible - Federally maintained navigable waterways (USCG/USACE); non-navigable or natural waterways (if NRCS provides assistance;) and flood control works that are under the specific authority of NRCS. Surveys for debris are ineligible, incl. side scan sonar.
DEBRIS OPERATIONS STRATEGIES WATERWAYS (IN GENERAL) Extremely expensive compared to land operations. Must have legal responsibility for maintenance of the navigable waterway. Removal and disposal of debris obstructing vessels is eligible to a max depth of 2 feet below the low-tide draft of the largest vessel using waterway prior to the incident. Debris below this depth that extends into the zone is eligible for removal. Trees still rooted to embankment but floating or submerged can be cut at water s edge & removed.
DEBRIS OPERATIONS STRATEGIES YOU GOT IT NOW WHAT TO DO WITH IT! Post-Collection Operations how disaster debris is processed (temporary and/or final) Debris Management Site (DMS) Grinding / chipping Burning / incineration Separating / segregating Landfill Direct disposal (woody, C&D, household items) Indirect disposal (transfer station) Tipping fees are an eligible expense Possibly other facilities Tires, white goods, e-waste, HHW, etc. Recycle / reuse Bricks, blocks, metals, sand, rocks/boulders, etc.
DEBRIS OPERATIONS STRATEGIES DEBRIS MANAGEMENT SITE (DMS) FUNCTIONS Temporary Staging Handle, separate, process Change in volume Change of transport method Volume Reduction FEMA encourages to save landfill space Reduced capacity of landfill not eligible Associated Eligible Activities Separating / segregating debris streams Leasing the property Restoring property to pre-event condition (if lease requires) Permit closeout activities (if required)
PRIVATE PROPERTY DEBRIS REMOVAL (PPDR) STRATEGY STRATEGY
PPDR STRATEGY PPDR CAN WE DO IT, AND WILL WE BE REIMBURSED IF WE DO IT? Does not typically include demolition. Requires prior FEMA approval, so generally not eligible under the PA Program at least not initially. Does not typically present an immediate life, health, or safety threat to the general public. Generally the responsibility of individual private property owners. Eligibility is determined by FEMA on a case by case basis.
PPDR STRATEGY PPDR REQUIREMENTS Submit Written Request to FEMA that Provides: Specific properties or area(s) of properties for which the request is being made. Indemnification of the Federal/State governments. A public interest determination that: Provides the basis that the debris constitutes an immediate threat to life, public health, safety, or to the economic recovery of the community at large. Must be from a public health official or other public entity that has the legal authority to make a determination. Establishes the specific legal requirement for declaring the existence of the threat.
PPDR STRATEGY PPDR REQUIREMENTS Submit Written Request to FEMA that Provides: The legal authority and responsibility Provide documentation confirming the authority and responsibility to enter private property and remove disaster-related debris. Cannot merely cite the Applicant s uniform level of services. Typically, solid waste disposal ordinances are part of an Applicant s uniform level of services and not a justification for entering private property to remove disaster-related debris. Confirmation that a legally authorized official has ordered the exercise of public emergency powers or other appropriate authority for the operation.
PPDR STRATEGY PPDR REQUIREMENTS Await FEMA Approval: Will be a written response from FEMA. Will specify the properties or area(s) of properties approved. The Applicant Must: Provide confirmation of satisfying all legal processes. Provide confirmation of obtaining rights-of-entry from property owners. Provide confirmation of obtaining indemnify and hold-harmless agreements from property owners.
PPDR STRATEGY PPDR OTHER CONSIDERATIONS Debris Removal from Gated Communities Ineligible if from private residential properties within gated communities. May be eligible if removed from a private road within the gated community, and if in accordance with eligibility and proper written request criteria. Debris Removal from Commercial Property Generally ineligible due to commercial enterprises having insurance. Industrial parks, golf courses, cemeteries, apartments, condominiums, trailer parks, etc. Account for Possible Duplication of Benefits
CONTRACT SERVICES & PROCUREMENT STRATEGY
CONTRACT SERVICES/PROCUREMENT STRATEGY POTENTIAL SERVICES TO BE CONTRACTED Debris removal, reduction and disposal Debris monitoring Project management Management of debris management site operations Leasing debris removal equipment Lease land for debris management site(s) Recycling
CONTRACT SERVICES/PROCUREMENT STRATEGY PROCESSES AND PROCEDURES Must adhere to local and State procurement laws & requirements. Must also follow Federal laws and requirements when applicable. In other words, Follow the golden rule He with the gold, rules. FEMA PA Program funding is subject to 44 CFR Part 13.
CONTRACT SERVICES/PROCUREMENT STRATEGY CONTRACT TYPES Lump sum - work within a prescribed boundary with a clearly defined scope and a total price. Unit price work done on an item-byitem basis at per unit cost. Time & material work billed for labor, equipment, materials, and overhead at an hourly rate. Cost plus fixed fee a lump sum, unit price, or time & material contract with a fixed contractor fee included. Cost plus percentage of cost contractor fee increases or decreases in proportion to the reimbursable cost of the work.
CONTRACT SERVICES/PROCUREMENT STRATEGY FEMA PA PROGRAM FUNDING CONSIDERATIONS UNDER A FEDERAL DECLARATION Time & Material Contracts - 44 CFR Part 13.36(b)(10) states that time & materials contracts may be used only after a determination that no other contract type is suitable, and that time and materials contracts must include a ceiling price that the contractor exceeds at its own risk. This type of contract should be avoided, but may be allowed for work that is necessary immediately after the disaster has occurred when a clear scope-of-work cannot be developed. In a Federally-declared disaster, reimbursement of time & materials contracts under the FEMA PA Program is generally limited to a period of not more than 70 hours.
CONTRACT SERVICES/PROCUREMENT STRATEGY FEMA PA PROGRAM FUNDING CONSIDERATIONS UNDER A FEDERAL DECLARATION Piggyback contracting A contracting procedure where a jurisdiction adopts or extends for their use a contract that was procured by another entity. FEMA does not favor piggyback contracting, as the variables associated with the contract scope-of-work and costs generally make this an option to be avoided. The competitive procurement requirements of 44 CFR Part 13 are also a prime concern. Piggyback contracting may be legal under applicable State law, however, the use of such a contracting procedure may jeopardize FEMA PA Program funding.
CONTRACT SERVICES/PROCUREMENT STRATEGY FEMA PA PROGRAM FUNDING CONSIDERATIONS UNDER A FEDERAL DECLARATION Cost plus percentage of cost contracts 44 CFR Part 13.36(f)(4) prohibits the use of cost plus percentage of cost contracts. Use of such contracts may result in FEMA PA Program funding being limited to an amount determined to be reasonable based on the eligible work performed. Contracts with debarred contractors Prohibited pursuant to 44 CFR Part 13.35. No Federal funding can be awarded for work completed.
SO WHAT S REIMBURSEABLE?
REIMBURSEABLE COMPONENTS Force account labor (OT only, and including fringe benefits) Temporary labor (all hours) Force account equipment (and fuel?) Rental equipment (and fuel?) Contract services Permits Materials Supplies Mutual aid assistance Volunteers / donated resources
Pass Christian, MS The upper picture shows Pass Christian Middle School on September 14, 2005 after being destroyed by Hurricane Katrina. The lower picture shows the same location on December 6, 2005 after closure and site restoration. September 14, 2005 Photos by Mark Wolfe, FEMA December 6, 2005
Gautier, MS The upper picture shows a temporary debris management site on September 14, 2005 after Hurricane Katrina. September 14, 2005 The lower picture shows the same location on August 8, 2006 after closure and site restoration. Photos by Mark Wolfe, FEMA August 8, 2006
September 3, 2005 August 8, 2006 The left picture shows a beach in Biloxi, MS on September 3, 2005 after Hurricane Katrina. Over 33,000 cubic yards of debris was collected from Biloxi beaches. The right picture shows the same location on August 8, 2006 after debris removal. Photos by Mark Wolfe, FEMA
Questions? Of course I m sure this is eligible.. trust me!
Contact Information Kirby E. McCrary, P.E. Disaster Services Manager Volkert, Inc. Contact Information: (251) 406-0166 kirby.mccrary@volkert.com