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Second Appeal Summary
PA ID# 071-91045; New Orleans Department of Streets
DSR ID# Multiple; Repair of 102 damaged road sites
Citation: Appeal Analysis; Second Appeal; New Orleans Department of Streets; Louisiana; FEMA-1049-DR-LA, PA 071-91045
Cross-Reference: May 1995 flood; DSRs; LOEP; DPW; 102 Sites; Methodology; Inspection; Unit Costs; Pavement Thickness; Aggregate Base; City-Wide Emergency Repair; TAC Report; Concurrence; City
Facts: Following the May 8, 1995 flood, FEMA prepared 11 DSRs for New Orleans Department of Streets. On August 1, 1995, the State submitted to FEMA the applicant's first appeal of the DSRs and forwarded a list of additional damaged sites on August 16, 1995, to FEMA. The Regional Director denied the first appeal on September 8, 1995, because the damages described in the DSRs pre-existed the flood. FEMA reinspected the 11 sites in October 1995, and concluded that its initial determination should not be reversed.
On November 16, 1995, the State transmitted the applicant's second appeal to the Associate Director and forwarded another complete list of damaged sites to FEMA on January 9, 1996. On March 19 and 20, 1996, FEMA visited the City on a fact-finding mission and requested additional information from the applicant. The applicant submitted various reports to FEMA dated March 18, 1996, April 8, 1996, June 11, 1996, none of which included the same number of sites and same funding amount requested. A meeting took place on June 13, 1996, at FEMA HQ. among FEMA, the applicant and the State. On June 21, 1996, FEMA forwarded a list of questions about all previous reports submitted. In a conference call on July 1, 1996, the applicant and FEMA agreed only to consider 102 damaged sites. Another report was submitted by the applicant on August 14, 1996, requesting $8,954,701 for 102 sites. From September 23, 1996 to October 10, 1996, FEMA visited New Orleans, inspected the 102 damaged sites and prepared DSRs.
Issue: Is the City's repair cost estimate for the 102 sites based on quantities, measurements and unit prices that are higher than those agreed upon for DSR preparation by FEMA, the State and the City?
Rationale: The total eligible DSR cost estimate of $2,972,952 for repairing the 102 damaged sites and for the City-wide emergency repair is based on scopes of work and unit prices agreed upon for DSR preparation during the field inspections by FEMA, the State of Louisiana and the City of New Orleans.