Under a Presidential disaster declaration for Louisiana, the
Federal Emergency Management Agency (FEMA) may provide
assistance to State and local governments for costs associated
with debris removal operations. (Debris removal operations
include collection, pick-up, hauling, and disposal at a
temporary site, segregation, reduction, and final disposal).
This document provides information on the eligibility of debris
removal operations for Public Assistance funding.
Questions regarding debris operations or the Public Assistance
Program in general should be referred to the Louisiana Office of
Homeland Security and Emergency Preparedness (LHLS/EP), Disaster
Recovery Division Chief, Mr. Art Jones at (225) 925-7500.
Determination of eligibility is a FEMA responsibility. Removal
and disposal of debris that is a result of the disaster, and is
on public property, is eligible for Federal assistance. Public
property includes roads, streets, and publicly-owned
facilities. Removal of debris from parks and recreation areas
is eligible when it affects public health and safety, or limits
the use of those facilities.
Removal from Private Property:
Disaster-related debris may only be removed from private
property if it is pre-approved by the Federal Disaster Recovery
Manager, is a public health and safety hazard, and if the work
is performed by an eligible applicant, such as a municipal or
county government. The cost of debris removal by private
individuals is not eligible under the Public Assistance Program;
however, within a specific time period, a private property owner
may move disaster-related debris to the curbside for pick-up by
an eligible applicant. That time period will be established by
FEMA in coordination with the State. (The cost of picking up
reconstruction debris and normal garbage pick-up is not eligible
for FEMA reimbursement).
If an applicant uses
force-account personnel and equipment, the cost of the equipment
and overtime costs for personnel are eligible for Federal
funding. If an applicant chooses to award a contract(s) for
debris operations, the costs of the contracts also are eligible
for Federal funding. Applicants should exercise judicious
care in contracting for debris operations, since by law,
FEMA is authorized
only to assist with reasonable costs.
Reasonable costs are those that are fair and equitable for the
type of work performed. If desired, FEMA staff will provide
technical assistance on this subject prior to contract award.
Debris costs for Hurricane Lili ranged from $3.68 up to $30.00
per cu yd. A value of $9.17 per cu yd was determined to be the
average. A cu yd price of $15.80 was the recommended upper
limit for reasonable cost.
If disaster-related debris removal and disposal operations are
beyond the capability of State and local governments to perform
or contract for the work, the State may request direct Federal
assistance. In such instances, FEMA will give to the U.S. Army
Corps of Engineers a mission assignment to prepare, execute, and
monitor contracts for debris operations.
If an applicant
decides to award contracts for debris removal, FEMA advises the
allow contractors to make eligibility determinations; they have
no authority to do so.
pre-negotiated contracts if available.
using qualified local contractors because of their familiarity
with the area.
formal competitive procedures when time permits. If time does
not permit use of normal competitive procedures, competitive
bids still may be obtained using a reduced time frame for
submittal of bids.
of references, licenses, and financial records from unknown
procedures used to obtain contractors.
accept contractor-provided contracts without close review. FEMA
can provide technical assistance on contracts and contract
FEMA does not
recommend, pre-approve, or certify any debris contractor.
FEMA does not
certify or credential personnel other than official employees
and Technical Assistance Contract personnel assigned to the
disaster by FEMA.
Only FEMA has
the authority to make eligibility determinations.
Types of Debris
There are three
general types of contracts that may be used for debris
Time and Materials Contracts
may be used for short periods
of time immediately after the disaster to mobilize contractors
for emergency removal efforts. They must have a dollar ceiling
or a not-to-exceed limit for hours (or both), and should be
terminated immediately when this limit is reached. For
such contracts should be limited to 70 hours of actual work.
should state that:
the price for equipment
applies only when equipment is operating,
the hourly rate includes
operator, fuel, maintenance, and repair,
the community reserves the
right to terminate the contract at its convenience, and
the community does not
guarantee a minimum number of hours.
(2) Unit Price
are based on
weights (tons) or volume (cubic yards) of debris hauled, and
should be used when the scope-of-work is not well defined. They
require close monitoring of pick-up, hauling, and dumping to
ensure that quantities are accurate. Unit price contracts may
be complicated by the need to segregate debris for disposal.
(3) Lump Sum
total contract price using a one-item bid from the contractor.
They should be used only when the scope of work is clearly
defined, with areas of work and quantities of material clearly
identified. Lump-sum contracts can be defined in one of two
area method, where the scope
of work is based on a one-time clearance of a specified area;
pass method, where the scope
of work is based on a certain number of passes through a
specified area, such as a given distance along a right-of-way.
FEMA will not provide funding for the following types of
cost-plus-percentage of cost
contracts contingent upon
receipt of State or Federal disaster assistance funding, or
contracts awarded to
The applicant should monitor the contractor’s activities to
ensure satisfactory performance. Monitoring includes:
verification that all debris
picked up is a direct result of the disaster;
measuring and inspecting
trucks to ensure they are fully loaded;
on-site inspection of
pick-up areas, debris traffic routes, temporary storage sites,
and disposal areas;
verification that the
contractor is working in its assigned contract areas;
verification that all debris
reduction and disposal sites have access control and security.
provide assistance with monitoring if necessary. If an applicant
has insufficient staff to properly monitor debris contract
operations, the cost of hiring of additional staff for
monitoring (or contracting for monitoring) is eligible for
To ensure that processing of Federal funding is done as quickly
as possible, applicants should keep the following information:
debris estimates, procurement information (bid requests, bid
tabulations, etc.), contracts, invoices, and monitoring
information (load tickets, scale records). If an applicant does
debris removal, the payroll and equipment hours must be kept.
FEMA and the State may provide technical assistance with
planning, carrying out, and monitoring of debris removal
operations. Applicants in need of technical assistance should
contact the LHSEP at the number given in the first paragraph.
HARMLESS AND INSURANCE CLAUSES)
Permit No. ____
Name (Owner or Tenant)
Right of Entry
I certify that I am the owner, or
an owner’s authorized agent, of the property described above. I
grant, freely and without coercion, the right of access and
entry to said property to the (eligible applicant), its agents,
contractors, and subcontractors, for the purpose of demolishing,
removing and/or clearing any or all storm-generated debris of
whatever nature from the above-described property.
I understand that this permit is
not an obligation upon the government to perform debris
removal. I agree to hold harmless the United States Government,
the Federal Emergency Management Agency (FEMA), the State of
Louisiana, and any of their agencies, agents, contractors, and
subcontractors, for damages of any type whatsoever, either to
the above-described property or to persons situated thereon. I
release, discharge, and waive any action, either legal or
equitable, that might arise by reason of any action of the above
entities, while removing storm-generated debris from the
property. I will mark any sewer lines, septic tanks, water
lines, and utilities located on the described property.
Most homeowner’s insurance policies
have coverage to pay for removal of storm-generated debris. I
understand that Federal law (42 United States Code 5155 et seq.)
requires me to reimburse (eligible applicant) the cost of
removing the storm-generated debris to the extent covered in my
insurance policy. I also understand that I must provide a copy
of the proof/statement of loss from my insurance company to (eligible
applicant). If I have received payment, or when I receive
payment, for debris removal from my insurance company, or any
other source, I agree to notify and send payment and
proof/statement of loss to (eligible applicant). I
understand that all disaster related funding, including that for
debris removal from private property, is subject to audit.
Sworn and attested:
All owners must sign
Name_________________________ Print Name
Name of Insurance
Please do not remove the following
back of sheet if necessary)
DEBRIS CONTRACT INFORMATION FOR
Many of the
problems that affect Federal reimbursement for debris removal,
reduction and disposal occur as a result of improper contracting
procedures, incomplete or inappropriate contracts, and/or inadequate
monitoring of contract operations. FEMA and/or the State can
provide technical assistance on the preparation and review of debris
contracts and contracting. The following information is provided to
assist you in developing and monitoring debris related contracts.
not certify, credential, or recommend debris contractors.
contractor has the authority to make eligibility determinations.
You need to
make sure that you are familiar with FEMA eligibility, and not allow
the contractor to make eligibility determinations. Eligibility
information is available in numerous FEMA documents including the
Public Assistance Guide (FEMA 322), Public Assistance Applicant
Handbook (FEMA 323), and the Public Assistance Debris Management
Guide (FEMA 325) It also is available on the FEMA Website,
www.fema.gov. If you have eligibility questions, call the State
the debris contract is one that contains a clear and definitive
scope of work, monitoring requirements, and specific language that
is required for each debris related task.
Do not sign
a contract provided by a contractor until it has been thoroughly
reviewed by your legal representative.
competitive bidding unless impossible to do otherwise. Many
applicants have received competitive bids in very short time frames.
responsible for payment of services contracted, regardless of
whether or not such services are eligible for reimbursement by FEMA.
Remember that FEMA is not a party to a debris-related contract
entered into by you and a contractor.
Be aware of
the limitations of time and material contracts. It is FEMA policy
to reimburse for only the first 70 hours of a time and materials
contract. Some contracts contain time and material clauses for
certain types of work, and costs of such work may not be fully
All types of
contracts must contain a requirement that records be kept that shows
the amount of debris pickup-up, hauled, and/or reduced to determine
contract should contain a “Termination for Convenience” clause. An
example of such a clause is as follows:
“This contract may
be terminated at any time for the convenience of (the contracting
entity). If this clause is executed, (the contracting entity)
agrees to pay the contractor for all work completed through the
termination date, as well as any demobilization costs that were a
part of the original contract.”
should contain a cap on the cost. When that cap is reached, a
review of work accomplished and work completed should be conducted
to determine work remaining. If necessary, the contract can then be
modified to reflect more accurate information.
Be sure the
contract has a reasonable period of performance for the work to be
done. Monitor the work effort to ensure compliance with the
schedule for completion.
services offered for a fee by contractors (training in preparing
Project Worksheets, documentation requirements, eligibility
information, etc.) may be available free from FEMA or the State. Be
sure you are aware of those services.
costs are reasonable. FEMA pays only reasonable costs.
instances, it may be necessary to use temporary debris storage
and/or reduction sites. Such sites are expensive to develop, manage
and restore. Don’t sign a contract for the development and
management of such sites unless you know it is necessary. Call the
State for assistance.
You, not the
contractor, are responsible for monitoring and certifying debris
operations. Be sure you have sufficient staff deployed for that
task. If you do not have enough staff, hiring additional staff is
eligible for funding according to the disaster cost share (usually
75% Federal, 25% non-Federal); however, those costs must be
reasonable. It is not necessary to use registered professional
engineers for monitoring. Many applicants find that construction
inspectors are very appropriate.
Debris Removal Fact Sheet
For Local Governments