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Second Appeal Brief
PA ID# 041-99041-00; Marin County
PW ID# 2988; Stafford Lake Bridge
SECOND APPEAL BRIEF
Marin County Department of Parks and Landscape, PA ID 041-99041-00
Bridge Repair, Project Worksheet (PW) 2988
Citation: FEMA-1628-DR-CA, Marin County, Bridge Repair, PW 2988
Reference: Improved Project
Summary: Heavy rains from December 17, 2005, through January 3, 2006, damaged a wooden foot bridge in Marin County. Marin County Department of Parks Landscape (Applicant) requested assistance to repair a pedestrian foot bridge. On May 30, 2006, FEMA prepared PW 2988 for $30,537 to repair the bridge. On December 10, 2007, the Applicant submitted a request for additional funding for $113,862, stating although PW 2988 was a small project, the lowest bid significantly exceeded the amount funded by FEMA. The Applicant also requested a change in scope of work (SOW) to replace the wooden bridge with a steel bridge. The request included $16,000 in costs related to bridge access for American Disabilities Act (ADA) compliance. FEMA denied the first appeal, stating that the replacement of the bridge is not eligible according to 44 CFR §206.226 (d)(1) and that as a repair project, upgrades to comply with codes and standards are not eligible. In addition, FEMA states that the Applicant must submit a request for an improved project prior to initiating the work in order to allow FEMA the opportunity to perform an environmental review in accordance with 44 CFR §206.203 (d)(1). In its second appeal the Applicant is requesting an additional $103,273 to replace the wooden bridge with a steel bridge.
Issues: 1. Should the scope of work be revised to allow for the construction of a new steel bridge?
2. Should the cost be increased to the total project amount?
Findings: 1. No. FEMA prepared a Project Worksheet with a scope of work to repair the damages to the wooden bridge.
2. No. The total project cost should not be increased because the Applicant’s scope of work exceeds that which is necessary to repair the damage caused by the declared event.
Rationale: 44 CFR §206.203 (d)(1), Federal grant assistance, Improved project;
44 CFR §206.226 (f)(1), Restoration of damaged facilities, Repair vs. replacement