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Second Appeal Brief
PA ID# 083-99083-00; County of Santa Barbara
PW ID# Project Worksheet 334; Debris Removal
FEMA-1577-DR-CA, County of Santa Barbara, PW 334Cross-reference:
Flooding from December 27, 2004, through January 11, 2005, deposited debris into the San Pasqual debris basin and its adjoining channel, which impeded
95 percent of the basins capacity. FEMA prepared PW 334 for eligible costs associated with the removal of an estimated 14,485 cubic yards (CYs) of debris. Debris removal began on January 26, 2005, and was halted following heavy rains in February 2005, with only 70 percent of the work complete. The Applicant paid its debris contractor $216,706, equivalent to 70 percent of the contracted lump sum amount of $309,581. The Applicant later resumed its debris removal operations with a new contractor. On July 10, 2006, the Applicant requested an additional $179,007 for cost overruns. FEMA denied the Applicants request on December 21, 2006, because the work had been accepted as complete and additional debris removal was ineligible.
In its first appeal, the Applicant stated that the approved scope of work included the removal of 14,485 CY of debris from the basin and the increased costs were for the removal of the remaining debris deposited by the disaster. However, the Applicant did not document the amount of debris removed by the second contractor. On September 19, 2007, the appeal was partially granted for $92,874, the difference between the originally contracted lump sum amount of $309,581 and the $216,706 already paid to the first contractor by the Applicant.
The Applicant submitted its second appeal on November 8, 2007. The Applicant stated that it should be paid for the actual cost of the debris removal. However, the Applicant did not provide documentation for the second phase of the debris removal, failed to provide a copy of the contract with its new contractor, and did not document the amount of additional debris that was removed to ensure that the debris removal did not exceed the scope of work for PW 334. Issues:
Did the Applicant provide sufficient documentation?Findings:
44 CFR §206.204 (e)(2)