PA ID# 085-00000; Santa Clara County
DSR ID# 61683&74626; Project Management & Fill Replacement
Citation: Appeal Brief; Second Appeal; Santa Clara County; FEMA-1046-DR-CA;PA #085-00000
Cross Reference: DSRs 61683 and 74626; Fill Replacement; Project Management; Permanent Repairs; Category C
Summary: The winter storms and heavy rains in March of 1995 caused a slip-out of an earthen slope and damages to Metcalf Road, in Santa Clara County (County). FEMA prepared Damage Survey Report (DSR) 74626 for $225,470 to repair 54 linear feet (ft) of damaged roadway pavement and shoulder, a drainage culvert and a 45 ft by 70 ft hillside slip-out, utilizing a concrete crib wall. During a geotechnical review, FEMA determined that the slip-out was within an area of historical landslides and, based on FEMA's Landslide Policy, stabilization of the failed slope was the responsibility of the County. The DSR was reduced to $16,473 and included only repairs of the roadway, shoulder and culvert. In a supplemental request, the County contended that the slip-out was within an embankment constucted as part of the construction of Metcalf Road. The request (considered a first appeal) was for $303,183 for the actual costs of construction, including stabilizaton of the landslide. The Regional Director determined that 65% of the slip-out was within an eligible facility and approved the first appeal for $168,133, including $131,650 for road, shoulder, culvert, and embankement repair expenses and $26,656 and $26,300 for force account and contract engineering expenses, repsectively. The Regional Director also determined that the other requested items of work (larger culvert, underdrains, and a rock buttress) were improvements to the pre-disaster condition, were repairs of a natural feature and were not eligible for funding. In the second appeal, the County requested $20,250 for fill required to repair the embankment void and $19,730 for additional contract engineering for project management.
Is the fill expense necessary for disaster-related damages?
Are the requested project management costs eligible for FEMA funding?
Yes. The fill costs were not included in DSR 61683.
No. Reasonable project management costs were provided in the engineering costs previously funded.
Rationale: Engineering and Design Curves in the FEMA Public Assistance Guide.