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Second Appeal Brief
PA ID# 097-56784-00; City of Petaluma
PW ID# 683; Retaining Wall
Citation: FEMA-1646-DR-CA; City of Petaluma
Reference: Environmental Compliance
Summary: Rainstorms from March 29, 2006 through April 16, 2006, undermined supporting material from the base of a sidewalk retaining wall on the north side of Prospect Street. FEMA prepared PW 683 Version 0 for $3,717 to repair erosion at the base of the retaining wall. The City of Petaluma (Applicant) requested additional funds to change the scope of work (SOW) to include a cast in place drilled soldier pile wall with tie backs for an estimated amount of $187,965. FEMA determined that the original SOW, or a similar repair method, would be sufficient to restore the instability caused by the disaster.
The Acting Regional Administrator partially approved a change to the scope of work to provide temporary shoring of the wall to provide safe installation of the concrete footing and increased the cost to $50,000 in response to its first appeal. The Applicant adjusted the project cost to $105,623 in its second appeal. The Applicant also maintained that the installation of a soldier pile wall and lagging system does not constitute an improved project. In addition, the Applicant asserts that its method of repair is a cost effective method of restoring the existing wall back to its pre-disaster condition, design and function.
Issue: Is the soldier pile wall necessary to repair disaster-related damage to the existing retaining wall?
Rationale: 44 CFR § 206.223 (a)(1); 44 CFR § 206.203 (d)(1)