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Second Appeal Brief
PA ID# 037-99037-00; Los Angeles County
PW ID# 3128; Santa Clara River Drop Structure Repair
Summary: As a result of heavy rainfall during the January 2005 Winter Storms, FEMA prepared PW #3128 in September 2005 for $913,309 to fund repairs to a damaged drop structure on the Santa Clara River, located in Los Angeles County. The PW scope of work calls for excavation of unclassified material, removal and reconstruction of a damaged 230-foot long revetment wall using soldier pile and timber construction, backfill placement behind the revetment wall, removal and reconstruction of a 110-foot long damaged section of the reinforced concrete drop structure, and reconstruction of 340 feet of damaged chain link fence. The Applicant is requesting that the PW scope of work be revised to allow for the removal and reconstruction of a 150-foot long section of the reinforced concrete drop structure to facilitate placement and compaction of soil eroded from beneath the longer section of the structure, as well as several eligible components of work that were omitted from the PW. In addition, the Applicant is requesting items of work, which FEMA agreed is eligible in the response to the first appeal. The total project cost requested by the Applicant is $1,085,236.
Issues: (1) Are the additional items of work to repair the drop structure eligible for reimbursement?
(2) Is the revised project cost estimate reasonable?
Findings: (1) Yes.
(2) No, the total project cost will be increased to $996, 323 instead of $1,085,236 as requested by the Applicant.
Rationale: Stafford Act Section 406(e); 44 CFR §206.223(a)(1)