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Second Appeal Brief
PA ID# 073-40004-00; City of La Mesa
PW ID# 2087; Retaining Wall
Citation: FEMA-1577-DR-CA, City of La Mesa, Retaining Wall Repair,
Project Worksheet (PW) 2087
Reference: Work Eligibility
Summary: The Applicant’s first appeal claimed additional costs to meet codes and standards required in the replacement of a damaged retaining wall. The Regional Administrator denied the first appeal stating that the Applicant had not enforced the existing building codes at the time of the original construction.
The Applicant revised its claim in the second appeal. The Applicant dropped the claim for codes and standards and revised its appeal to request only items listed in its bid package that were not a part of the wall but essential to its reconstruction such as backfill materials and restoration of pavement next to the wall.
Issue: Is an Applicant eligible for the cost of incidental repairs directly associated with the reconstruction of an eligible facility?
Rationale: 44 CFR § 206.226, Restoration of Damaged Facilities.