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Second Appeal Summary
PA ID# 001-00000-00; Alameda County
DSR ID# 5515; Debris Removal Costs
FEMA-1203-DR-CA; Alameda County
Documentation, Pre-disaster condition, Debris removal, Cost over runs
Between February 2, 1998, and April 20, 1998, heavy rains and runoff deposited silt and debris in a number of Alameda County (Applicant) drainage facilities. The Applicant was unable to document the pre-disaster level of silt or debris within the channels. In order to adjust for the unknown pre-disaster condition, FEMA and the Applicant agreed to set the unit cost of debris removal at $10 per cubic yard, for Damage Survey Report (DSR) #5515. Nine other DSRs were written and obligated using the costs billed by the contractor, which varied between $17.92 and $57.06 per cubic yard. These nine DSRs were written contingent upon the Applicant providing pre-disaster sediment levels of the drainage facilities. Since the Applicant did not provide the documentation of the pre-disaster conditions, the Office of Inspector General recommended that FEMA reimburse the Applicant at the $10 per cubic yard rate for all of the DSRs. FEMA agreed and amended the closeout obligation accordingly. The County’s first appeal, submitted on January 21, 2005, contends that the $10 per cubic yard rate may have been appropriate for DSR #5515, but not for the remaining nine DSRs. Access issues, hauling distances, and additional equipment were necessary to complete the work in the remaining DSRs. FEMA Region IX denied the Applicant’s request stating that no documentation had been submitted to support the additional equipment and hauling costs. The County submitted its second appeal on November 16, 2005, with documentation and summaries to support the additional equipment and hauling distances used to remove and dispose of the debris. The Governor’s Office of Emergency Services supports the County’s second appeal for $599,157.
Is $10 per cubic yard a reasonable cost for removing disaster–related debris from the channels?
No. We have determined that a reasonable cost for removing disaster-related debris is 64% of total costs incurred. This reduction in cost accounts for the unknown quantity of pre-disaster debris in the channels.
44 CFR §206.223 (a) (1)