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Second Appeal Summary
PA ID# 055-50258; City of Napa
DSR ID# 21735,09804,58695; McCormick Lane Culvert
Citation: FEMA-1044-DR-CA; PA ID 055-50258; DSR 21735/09804/58695.
Cross Reference: Winter storm and flooding; road and culvert damage.
Summary: FEMA prepared DSR 21735 on July 7, 1995, for $81,139 to repair the damages to the culvert and the road surface on McCormick Lane at Browns Valley Creek sustained from the January 1995 winter storm and floods. On May 30, 1997, the Governor's Authorized Representative (GAR) forwarded a request from the applicant for an extension of time and for increased funding to $203,121 to complete the project. FEMA authorized an increase to $182,233 but denied funding for rip rap slope protection, gunite lining within the invert of the culvert, and the upstream wing walls that did not exist in the predisaster design. The applicant submitted a July 13, 1998, supplemental request to increase funding on the project to $388,303 followed immediately on July 14, 1998, by an appeal of FEMA's denial of the three items. The Disaster Recovery Manager (DRM) responded to both the supplemental funding request and the first appeal on November 9, 1998. The DRM determined that costs associated with erosion control ($3,000) and rip rap for slope protection ($12,527) were eligible costs and informed the GAR that supplemental DSR 58695 had been prepared for $15,527 increasing the eligible cost of the project to $197,760. FEMA considered the work the applicant undertook as an improved project and capped eligible funding at $197,760. The City submitted a December 29, 1998, second appeal of the determination in which it challenged FEMA's decision that the project was implemented as an improved project. The applicant requested an additional funding of $72,847 but reduced it to $63,487 when it withdrew its request for restoration of $9,360, which FEMA deducted as the salvage value of the bridge. The GAR forwarded the applicant's appeal indicating that the amount in contention was $32,040 made up of $21,000 for the upstream wing walls and $11,040 for security fencing during construction.
Issue: Should the City of Napa be funded an additional $32,040 for wing walls it installed in addition to the head wall that FEMA approved, and for a temporary chain link fence?
Findings: FEMA finds that the wing walls deleted from DSR 09804 were an integral part of restoring the function of the upstream portion of the culvert function. Therefore, $21,000 deleted in DSR 09804 will be restored. In the interest of public safety during the repairs, FEMA will authorize funding based on the installation and later removal of a chain link fence for a combined erection/removal cost of $1,536 (64 linear feet @ $24 per foot).
Rationale: 44 CFR 206.226 provides that work to restore a damaged facility on the basis of its predisaster design is eligible. 44 CFR 206.203(d)(1) caps the funding for improved projects at the approved estimate of eligible costs.