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Second Appeal Brief
PA ID# 045-78200-00; City of Waveland
PW ID# 4916; Roadside Drainage Ditch Repair
Citation: FEMA-1604-DR-MS, City of Waveland, Roadside Drainage Ditch Repair
Reference: Work Eligibility
Summary: As a result of Hurricane Katrina, FEMA prepared PW 4222 in the total amount of $1,039,080, for the reshaping of 156,130 linear feet (LF) of damaged ditches that were restricting surface drainage in the City of Waveland (Applicant). In addition, FEMA prepared PWs 4916, 5088 and 10475 for replacement of the sewer collection system, water distribution, and a road repair project respectively. In August of 2007, after the ditch repair was completed, the Applicant’s sewer repair contractor noted that the lack of drainage along the Applicant’s roadways was a significant obstacle to completing the work on PWs 4916, 5088, and 10475. The Applicant agreed to two change orders to the sewer repair contract associated with PW 4916 to clean and reshape the ditches. At final inspection, FEMA denied costs for the ditch repairs and determined that the additional ditch cleaning work was included in the contract unit prices for the sewer collection system replacement project. In its first appeal dated January 8, 2010, the Applicant contended that the damage to the roadside ditches was a direct result of the performance of eligible debris removal work. FEMA denied the first appeal because the contract stated that charges for restoring ditches and culverts to their pre-construction condition were “incidental and the cost shall be included as part of the appropriate lump sum or unit price stated in the bid.” FEMA further determined that ditch cleaning and restoration for the area in question had already been reimbursed as a part of PW 4222. The Applicant submitted a second appeal on September 17, 2010, and reiterated its position from the first appeal. Ditch repair required as a result of damage sustained in the performance of disaster related debris removal activities may be eligible for Public Assistance funding.
Issue: 1) Did the Applicant demonstrate that the damage to the roadside drainage ditches was caused by eligible debris removal work?
2) Was the roadside ditch repair necessary to complete the sewer replacement project?
Finding: 1) Yes.
Rationale: 44 Code of Federal Regulations (CFR) §206.223 (e) General work eligibility