Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 059-0006B-00; St. Jude Medical Center
PW ID# 3080; Parking Structure
Citation: FEMA-1577-DR-CA, St. Jude Medical Center, Project Worksheet (PW) 3080
Reference: Eligible costs
Summary: During the winter storms, excessive rains saturated soils in the open foundation of a parking structure at St. Jude Medical Center that was under construction. FEMA prepared PW 3080 for $32,839 to reimburse the Applicant for soil removal, aeration, engineering, masonry work, and temporary labor overtime. The Applicant claimed an additional $46,537 that included $40,818 for administrative services and $5,719 for various equipment, materials, and services. In its first appeal, the Applicant stated that the subject costs were related to the performance of eligible work. In its second appeal, the Applicant provided additional information including a contract change order that indicated the extra equipment and man hours, letters from the contractor insuring the contractors work was performed on disaster-related work, and a breakdown of the contractor’s hours and duties performed. The Applicant provided a contract change order for $5,724 to repair the damaged that seems consistent with the scope of work of the repairs to the saturated soil in the open foundation. In addition, $40,818 for project management cost not reasonable. Three percent of project cost for project management is reasonable.
Issue: Did the Applicant relate the additional cost claimed to the eligible scope of work on PW 3080?
Finding: Yes. $6,881 is eligible.
Rationale: 44 Code of Federal Regulations §206.223 (a) General Work Eligibility