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Net Small Project Overrun

Appeal Brief Appeal Letter

Appeal Brief

DisasterFEMA-1646-DR
ApplicantEl Dorado Irrigation District
Appeal TypeSecond
PA ID#017-UYHUE-00
PW ID#340
Date Signed2010-02-16T05:00:00

Citation:         FEMA1646-DR-CA El Dorado Irrigation District, Small Project Overrun

Project Worksheet (PW) 340

Cross-

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?

 

Finding:          Yes

 

Rationale:       44 CFR § 206.204 (e)(2), Cost Overruns

Appeal Letter

February 16, 2010

 

 

 

Frank McCarton

Governor’s Authorized Representative

Office of the Secretary

California Emergency Management Agency

3650 Schriever Avenue

Mather, California 95655

 

Re:  Second Appeal-El Dorado Irrigation District, PA ID 017-UYHUE-00,

        Net Small Project Overrun, FEMA-1646-DR-CA, Project Worksheet (PW) 340

 

Dear Mr. McCarton:

This letter is in response to your letter dated October 7, 2008, which transmitted the referenced second appeal on behalf of the El Dorado Irrigation District (Applicant).  The Applicant is appealing the Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of an additional $162,916 to repair an unstable slope above Canal 46.

Background

From March 29, 2006 through April 16, 2006, severe storms saturated the up slope section of the slope above Canal 46 causing approximately 60 cubic yards (cy) of material to slide downhill 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 for emergency protective measures to stabilize the slope based on the Applicant’s scope of work and cost estimate.  The scope of work included the excavation of 90 cy of material, the removal of seven trees, erosion control measures, a six inch drain line, and other items of work. 

On January 24, 2008, the Applicant requested $162,916 in additional funds for the project as a part of its first appeal for a Net Small Project Overrun.  The Applicant stated that that the additional cost was due to the contractor’s need to construct access points to perform the work from below the slope, which was more time consuming and labor intensive than its original estimate.  The Applicant stated that the contractor’s original estimate did not account for the increased cost to mobilize equipment, deliver materials or dispose of excess debris.  On June 13, 2008, the Deputy Regional Administrator approved additional funding in the amount of $43,088 for all of the Applicant’s small projects, but denied the Applicant’s appeal request related to PW 340, because the Applicant failed to provide sufficient documentation in accordance with 44 CFR §206.204 (e)(2), Cost Overruns.  Specifically, the Deputy Regional Administrator found that the Applicant failed to provide the specific measurements and quantities for the work performed. 

Discussion

On August 8, 2008, the Applicant submitted a second appeal. The Applicant explained that the original cost estimate underestimated the amount of excavation required and did not account for the construction of an access road to accomplish the work.  The Applicant stated that the contractor originally planned to excavate to a depth of three feet, but the depth required was up to six feet in some places.  In addition to the sub drain proposed, the Applicant added an above ground rock-lined ditch to direct overland flows directly into the canal to avoid future failures of the hillside.  The Applicant provided a cost breakdown and description of the work performed, which included the construction of temporary access to the site, the removal of trees from the slide area, additional excavation, and the construction of drainage ditches.

Conclusion

Based on the documentation provided, I have determined that the additional work was necessary to stabilize the slope.  Therefore, FEMA will prepare another version of PW 340 for additional funding of $162,916 to incorporate the additional work and associated costs contingent upon the completion of FEMA’s environmental review.  If the Applicant fails to comply with all of the appropriate federal, state and local environmental laws, regulations, and /or permits, federal funding maybe jeopardized.  

By copy of this letter, I request that the Regional Administrator take appropriate action to implement this decision.  Please inform the Applicant of my determination.  This determination is the final decision on this matter pursuant to 44 CFR §206.206, Appeals.

Sincerely,

/s/

Elizabeth A. Zimmerman

Assistant Administrator

Disaster Assistance Directorate

cc:   Nancy Ward

       Regional Administrator

       FEMA Region IX