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Second Appeal Brief
PA ID# 125-14600-00; City of Coffeyville
PW ID# 718; Change in the Scope of Work
Citation: FEMA-1711-DR-KS, City of Coffeyville; Change in the Scope of Work, Project Worksheet (PW) 718
Reference: Environmental Compliance; Documentation
Summary: From June 26 through July 25, 2007, severe storms and flooding damaged the City of Coffeyville. On October 18, 2007, FEMA prepared PW 718 to document road damages for 11 asphalt city streets and three Applicant-owned parking lots throughout the City of Coffeyville. In its first appeal, the Applicant requested changes in scopes of work and improved project and alternate project classifications on several project sites. The Regional Administrator approved actual costs for work completed on approved scopes of work. For project sites designated as improved projects, the Regional Administrator approved the estimated project cost or the actual cost to complete the work, whichever was less. Additionally, the Regional Administrator required environmental and historical reviews for all work that was not included in the original scope of work.
In its second appeal, the Applicant asks that FEMA re-classify several of its project sites as alternate projects and it disagrees with the original scopes of work that FEMA used to approve improved projects. The Applicant performed work outside of the approved scope of work. Changes to the scope of work may result in the need for additional environmental/historic preservation compliance review. The Applicant has not provided documentation demonstrating that it complied with environmental laws and executive orders.
Issue: Are the scope of work changes eligible for Public Assistance?
Rationale: 44 CFR §206.203(d)(1) Federal grant assistance Funding options—Improved projects; 44 CFR §206.203(d)(2)(v) Federal grant assistance Funding options—Alternate projects; Section 316 of the Stafford Act; 44 CFR Part 10; Response and Recovery Policy RP9560.1, Environmental Policy Memoranda, dated August 17, 1999