Appeal Brief | Appeal Letter | Back
Second Appeal Brief
PA ID# 000-UOIMD-00; South Carolina Public Service Authority
PW ID# Project Worksheet 96; Wampee Park Seawall
Citation: FEMA-1547-DR-SC, South Carolina Public Service Authority (Applicant), Wampee Park Seawall, Project Worksheet (PW) 96Cross-reference:
Reasonable Cost; Hazard MitigationSummary:
FEMA prepared PW 96 for $295,927 to replace riprap and restore the bulkhead of the Wampee Park Seawall, which was damaged by flooding from
August 28, 2004, through August 30, 2004. The approved estimate included $28,726 for a hazard mitigation project. The Applicant did not begin the work until October 2005, due to delays imposed by the State Historical Preservation Office (SHPO) and high water levels of the adjacent lake. Upon project closeout, the Applicant submitted an invoice for $777,492, a cost increase of 162 percent. FEMA approved costs for bulkhead repair and replacement and obligated $200,400. FEMA denied additional costs for the replacement of riprap and the mitigation project because the costs were determined to be excessive.
In its first appeal, submitted June 5, 2007, the Applicant claimed that the cost increased because of delays and increased market prices. The Regional Administrator determined that the change in costs exceeded reasonable cost increases for the period of time in question and denied the appeal on
November 14, 2007.
The Applicant submitted its second appeal on January 18, 2008, and provided documentation that demonstrates that the increased cost is a result of a necessary change in scope due to actual physical conditions that were not considered when the estimate was developed for the PW. Issues:
Are the project costs reasonable? Findings:
44 CFR Part 13; Office of Management and Budget Circular A-87.