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Second Appeal Brief
PA ID# 017-UYHUE-00; El Dorado Irrigation District
PW ID# 340; Net Small Project Overrun
Citation: FEMA1646-DR-CA El Dorado Irrigation District, Small Project Overrun
Project Worksheet (PW) 340
Reference: Small Project Overrun
Summary: Between March 29, 2006, and April 16, 2006, severe storms saturated the slope above Canal 46. Approximately 60 cubic yards (cy) of material fell into the canal. The Applicant owns and maintains the canal that provides drinking and agricultural waters to the communities in the district. On August 7, 2006, FEMA approved PW 340 for $29,084 to stabilize the slope. On January 24, 2008, the Applicant requested additional funds claiming the contractor’s estimate did not include the cost to mobilize equipment, delivery of materials, or disposing of excess debris. According to the Applicant, the contractor constructed access points from below the slope, which was more time consuming and labor intensive. The Regional Administrator denied the first appeal on June 13, 2008, because the Applicant provided insufficient documentation in accordance with 44 CFR § 206.204 (e)(2), Cost Overruns.
The Applicant filed a second appeal on August 8, 2008, stating that it had to perform additional excavation above the approved estimate and remove ten trees. The Applicant also stated that it added an above ground rock-lined ditch, which would direct the overflows directly into the canal and avoid future failures to the hillside.
Issue: Was the additional work and associated costs necessary to justify a cost overrun?
Rationale: 44 CFR § 206.204 (e)(2), Cost Overruns