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Second Appeal Brief
PA ID# 020-99201-00; Harris County
PW ID# 2372, 3052, and 6943; Reliant Park Repair
Citation: FEMA-1791-DR-TX, Harris County, Eligible Work, Project Worksheets (PWs) 2372, 3052, and 6943
Reference: Eligible Work, Documentation
Summary: During Hurricane Ike, high winds and flying debris damaged buildings in the Reliant Park complex. The Harris County Sports & Convention Corporation operates the Reliant Park complex under a lease agreement with Harris County (Applicant). FEMA prepared PW 2372 in the amount of $105,235 for replacement of 1,014 square yards of Reliant Center carpeting, PW 3052 for $3,579,283 for replacement of five of Reliant Stadium’s ten fabric roof panels, and PW 6943 for $411,720 for interior and exterior damage to Reliant Stadium. The Applicant appealed these PWs, requesting increases to each of the scopes of work.
The first appeals are as follows:
- The Applicant appealed FEMA’s determination regarding PW 2372 on April 27, 2009, arguing that all carpeting in the Reliant Center was irreparably damaged. To support the appeal, the Applicant submitted letters from contractors expressing the consensus opinion that the carpeting had, and would continue to deteriorate beyond the areas that had been identified by FEMA through visual inspection as damaged. As a result, the Applicant requested FEMA approve replacement of 3,400 square yards of carpet for an additional $845,848. FEMA denied the Applicant’s appeal on January 27, 2010. FEMA determined that the function and capacity of the Reliant Center could be restored without replacing carpeting that was not damaged, and the support provided by the Applicant did not prove that the additional work was required as a direct result of the event.
- The Applicant appealed FEMA’s determination regarding PW 3052 on May 15, 2009, arguing that the remaining 5 fabric roof panels needed to be replaced. To support the appeal, the Applicant submitted documentation from contractors, which stated that the remaining fabric panels may have been compromised by the event. As a result, the Applicant requested an additional $1,912,045 to replace these panels. FEMA denied the Applicant’s appeal on December 10, 2010. FEMA concluded that the Applicant did not submit documentation to substantiate the claim that the condition of the fabric was compromised as a direct result of Hurricane Ike.
- The Applicant appealed FEMA’s determination regarding PW 6943 on June 25, 2009, asserting that the scope of work identified by FEMA did not include the full damage to the Stadium and requested an additional $3,327,947 in funding. The Applicant’s request included repairs for both interior and exterior systems. FEMA partially granted the Applicant’s appeal on September 20, 2010. The Regional Administrator granted costs of $48,003 for safety and security, temporary services and utilities that were inadvertently omitted from the Cost Estimating Format (CEF) estimate. However, upon final review of the PW amendment, FEMA determined that these additional costs were covered by insurance. Otherwise, FEMA determined that the Applicant did not provide documentation demonstrating that the increase in scope was a direct result of the disaster.
In the second appeals, the Applicant reiterated its position that the scopes of work were not sufficient to address all of the damage caused by Hurricane Ike. The Applicant provided additional documentation to support the second appeals; however, the Applicant did not provide evidence that demonstrates that the additional work was required as a direct result of the event.
Issue: Did the Applicant submit sufficient justification to support its request for a change to the approved scopes of work?
Rationale: Title 44 of the Code of Federal Regulations (44 CFR) §206.223(a)(1), General work eligibility, General