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Second Appeal Brief
PA ID# 000-92004; University of North Dakota
PW ID# XXX-XXXXX; Steam Line Replacement
FEMA-1174-DR-ND, University of North Dakota, Steam Distribution SystemCross-reference:
During the 1997 flooding event, flood waters inundated a significant portion of
the University of North Dakotas (the Applicant) steam line system. The Federal Emergency Management Agency (FEMA) approved the scope of work in DSR 59315 that authorized the replacement of the system. FEMA obligated $25,417,125 for final closeout. In a letter dated September 30, 2005, the Applicant appealed FEMAs denial of $637,138.26 for costs associated with landscaping, engineering, contracts, and change orders. In a letter dated August 17, 2006, the Regional Director upheld four of the 241 change orders and obligated $10,809 as reflected in DSR 64854.
In a letter dated November 8, 2006, the Applicant appealed FEMAs denial of $484,373.07 for seeding and sod for nearly 11 miles of the steam line trench and eight of the 241 contract change orders requested. The Applicant reiterated that since FEMA Response and Recovery Policy 9524.5, Trees, Shrubs, and Other Plantings Associated with Facilities
, dated November 25, 1997, was issued after the incident period it should not have been applied. The Applicant submitted additional documentation to support modifications made by change orders in connection with the steam lines replacement.Issues:
1. Is the Applicant eligible to receive $399,398 for seeding and sod for nearly 11 miles of trenching areas?
2. Is the Applicant eligible to receive funding for the eight requested contract change orders?Findings:
1. No. Significant slopes requiring grass or sod were not identified in the
2. Partially. The Applicant provided sufficient documentation to support three of the eight requested contract change orders.Rationale:
44 CFR §206.226.