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Retaining Wall

Appeal Brief Appeal Letter

Appeal Brief

DesastreFEMA-1577-DR
ApplicantCity of La Mesa
Appeal TypeSecond
PA ID#073-40004-00
PW ID#2087
Date Signed2010-03-11T05:00:00

Citation:         FEMA-1577-DR-CA, City of La Mesa, Retaining Wall Repair,

                        Project Worksheet (PW) 2087

 

Cross-

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?          

                                                                             

Finding:           Yes

                        

Rationale:       44 CFR § 206.226, Restoration of Damaged Facilities.

                   

 

Appeal Letter

March 11, 2010

 

 

 

Frank McCarton

Governor’s Authorized Representative

Office of the Secretary

California Emergency Management Agency

3650 Schriever Avenue

Mather, CA 95655

 

Re:  Second Appeal-City of La Mesa, PA ID 073-40004-00, Retaining Wall, FEMA-1577-DR-CA, Project Worksheet (PW) 2087

 

Dear Mr. McCarton:

This letter is in response to your letter dated June 3, 2009, which transmitted the referenced second appeal on behalf of the City of La Mesa (Applicant).  The Applicant is appealing the U.S. Department of Homeland Security’s Federal Emergency Management Agency’s (FEMA) denial of funding for certain construction items necessary to complete the repairs to a retaining wall at the Public Works Yard.

As a result of heavy rains and flooding from December 27, 2004, to January 11, 2005, a 60-linear foot retaining wall failed due to ground saturation.  FEMA approved PW 2087 for $195,000 to fund restoration of the wall, returning it to its pre-disaster design and function.  In its first appeal, the Applicant requested that FEMA reconsider the denial of an additional $115,362 because the reconstruction must meet California Building Codes.  On February 19, 2009, FEMA denied the first appeal stating that the Applicant had not enforced the existing building codes at the time of the original construction.  In its second appeal, the Applicant requested only $64,800 in additional funding.  The Applicant states that this amount represented items of work that were part of the FEMA-approved scope of work and were essential to reconstruction of the wall and should be eligible.  The Applicant provided a copy of the bid schedule that listed the six items being claimed. 

The requested items listed in its bid package were not a part of the wall but incidental to its reconstruction, such as backfill materials and restoration of pavement next to the wall.  The PW scope of work identified the items as potentially eligible work but were not included in the cost estimate.  The items requested are necessary to re-establish the retaining wall’s function and the costs are eligible.  

I have reviewed all of the information submitted with the appeal and determined that the Applicant’s appeal should be granted in full in the amount of $64,800.  By this letter, I am requesting the Regional Administrator to take appropriate action to implement my decision. 

Please inform the Applicant of my decision.  This determination constitutes the final decision on this matter pursuant to 44 CFR §206.206, Appeals.
Sincerely,

/s/

Elizabeth A. Zimmerman
Assistant Administrator
Disaster Assistance Directorate
cc: Nancy Ward
      Regional Administrator
      FEMA Region IX