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Second Appeal Letter
PA ID# 037-99037-00; Los Angeles County
DSR ID# Project Worksheet 3095; Glendora Mountain Road Repair
October 23, 2007
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal Los Angeles County, PA ID 037-99037-00, Glendora Mountain Road Repair
, FEMA-1577-DR-CA, Project Worksheet 3095
Dear Mr. Jacks:
This is in response to your letter dated November 22, 2006, which transmitted the referenced second appeal on behalf of Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMAs) scope of work and funding determinations for the repair of damages to a section of Glendora Mountain Road.
As a result of heavy rainfall during the January 2005 Winter Storms, slope failure and road damage occurred along a section of Glendora Mountain Road. FEMA approved Project Worksheet (PW) 3095 for $780,511 to fund the construction of a 204-foot long soldier pile wall with timber lagging to stabilize the site. In a letter dated March 17, 2006, the Applicant requested that FEMA revise the scope of work to reflect the construction of a cast-in-place reinforced concrete soldier pile wall instead of a wall with timber lagging, and increase the estimated project costs by $834,739 to $1,615,250. The Applicant stated that the construction of a 204-foot long cast-in-place reinforced concrete wall was not a significant change from a 204-foot long wall with timber lagging. The Acting Regional Director denied the appeal in a letter dated August 16, 2006, because the Applicant did not provide sufficient documentation to support its position that a reinforced cast-in-place concrete wall was necessary.
The Applicant submitted its second appeal by a letter dated September 26, 2006. The Applicant stated that a cast-in-place concrete wall is more appropriate than a soldier pile wall with timber lagging because the area is susceptible to wildfires. It stated that historically the area has burned six times. Therefore, its design included a concrete wall for public safety reasons to ensure the road remain open during and after fires for fire safety equipment ingress and egress. The Applicant also stated that a cast-in-place concrete wall is consistent with the geotechnical report recommendation to construct a soldier pile wall with concrete lagging. It did not use pre-cast concrete panels because cracking of the panels occur when the panels are set slightly askew. Therefore, the Applicant used cast-in-place concrete as part of the soldier pile wall which was
consistent with the design plans developed by the County of Los Angeles Department of Public Works. The Applicant included the contractor bid summary and the preliminary
report of actual costs which includes engineering and design, permit acquisition and fees, labor, equipment, and materials incurred for this project. The Applicant requested an additional $834,739 plus placeholder funding of seven percent for design and three percent for project management costs.
I have reviewed all information the Applicant submitted with the appeal and have determined that the Applicant has submitted adequate documentation to support its request for a cast-in-place reinforced concrete wall. Therefore, I approve this part of the appeal. The approved change in scope of work will increase the cost of the project. We will reconcile costs for the approved scope of work during closeout. By copy of this letter, I request that the Regional Administrator take appropriate action to implement this decision.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Carlos J. Castillo
Disaster Assistance Directorate
cc: Nancy Ward
FEMA Region IX