Appeal Brief | Appeal Letter | Appeal Analysis | Back
Second Appeal Brief
PA ID# 097-019BF-00; Traill County Water Resource District
PW ID# PWs 389 and 391; Leirness Drain #34 Repair
FEMA-1597-DR-ND, Traill County Water Resource District, PWs 389 and 391, Drain Repair/Restoration
Pre-Disaster Condition, Eligible Repair
Severe storms, flooding and ground saturation in the summer of 2005 (1597-DR-ND) caused erosion to the channel bottom and sloughing of the south embankment at various locations along the upper eight miles of Leirness Drain #34. FEMA obligated PWs 389 and 391 for the repair of 49,375 cubic yards (cy) of eroded channel bottom and sloughed and eroded side slopes using costs derived from bid prices received for similar projects within the preceding ten years. The Traill County Water Resource District (Applicant) put the repair work out for bid using a repair methodology that caused the costs to significantly exceed the estimated costs in the PW. The Applicant submitted a first appeal on December 22, 2005, asserting the cost estimate approved in the PW was too low to complete the work; that the PW did not document all disaster-related damage; and that the recently received sealed bid costs should be used as the basis for the cost of repairs. FEMA denied the first appeal reaffirming that the cost estimate in the PW was reasonable, reiterating the damage quantities match the Applicants consultants quantities as published in its report, and concluding the plans and specifications used as the basis for the competitive bid includes work that exceeds the usual practice for eligible work and, therefore, the unit prices contained in the bid are considered to apply to an Improved Project. The Applicant submitted a second appeal on May 15, 2006. In this appeal, the Applicant asserts that not all of the identified damages have been documented, stressing that the damage quantities are not segregated between the channel floor damage versus the embankment slope damage and the total quantity listed in the PWs are much less than required to fix the damage. The Applicant requests an additional 13,286 cy of excavation and 13,350 cy in embankment fill for PW 389, and 26,349 cy of excavation and 25,500 cy of embankment fill for PW 391. The additional costs are $58,278 for PW 389 and $115,805 cy for PW 391.
(1) Has FEMA adequately documented all eligible damage and repair quantities?
44 CFR § 206.226