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Second Appeal Summary
PA ID# 000-92003; Pennsylvania Department of Transportation
DSR ID# 36154; Contract Repair of State Route 3010 in Somerset County
Citation: FEMA-1093-DR-PA; Somerset County (the County); DSR 36154
Cross Reference: Preexisting condition, standards.
Summary: Following flooding in January 1996, the Pennsylvania Department of Transportation (PennDOT) awarded a construction contract for repairs to damages on 49 State routes (S.R.s) in the County. The subject of this appeal is the contract repair to S.R. 3010. In February 1996, a PennDOT design team inspected S.R. 3010. They used their findings to develop construction plans. The construction contract was awarded in March 1996; the low bid was $1,632,281. The estimate for repairs to S.R. 3010 totaled $273,428. In April 1996, a FEMA team inspected S.R. 3010; construction had not yet begun. Although the FEMA team used the data sheets prepared by the PennDOT inspection team, their assessment varied significantly. At each location, they noted the repair items and quantities that FEMA would approve. In May 1996, DSR 36154 was approved for $41,792.
PennDOT submitted a first appeal in July 1996, requesting $7,842 as a "Supplement," but later acknowledged that this was in error. PennDOT submitted a second appeal in April 1997, requesting an additional $84,328 to cover all contract repair costs ($115,530), maintenance costs ($2,388), and engineering and design fees ($8,203). They account for the many items that differ in location, type, and quantity from the approved DSR. They explain how Paved Shoulders, Type 4, were placed in accordance to their standard which they claim meets Title 44, Code of Federal Regulations (CFR), Section 206.226(b). The Regional Director states ".that PennDOT has requested funding for work clearly not eligible, work performed in areas not identified as damaged in the DSR, and work which was allowed on the DSR but not performed." She recommends that a DSR be written to deobligate $19,235.
Issues: Is all of PennDOT's work on S.R. 3010 eligible for FEMA funding?
Findings: No, the repairs include items and quantities that were either constructed outside the limits as identified on the approved DSR or were changed. A detailed analysis accounts for the changes. $45,741 is eligible for FEMA funding, which is $3,949 in excess of the approved DSR.
Rationale: The only eligible work is that which was performed at the locations identified on the approved DSR.