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Second Appeal Brief
PA ID# 037-99037-00; Los Angeles County
PW ID# 2879; Dam Bypass Repair
Citation: FEMA-1577-DR-CA; Los Angeles County (Applicant)
Reference: Scope of Work, Cost Estimate
Summary: Discharge from the spillway of San Gabriel Dam, along with rainfall during the winter storms of January 2005 washed out a 300-foot long section of heavy equipment bypass road located in the channel downstream of the spillway, along with two 60-foot long, 96‑inch diameter reinforced concrete pipe (RCP) culverts. FEMA prepared PW 2879 in April 2005 for $407,016 to reconstruct the damaged section of bypass road to its pre-disaster condition. The PW scope of work called for hauling 9,600 cubic yards (CY) of clay fill material, the installation of two RCP culverts of the same diameter and length as those damaged by the event, placement and compaction of the fill material, and application of 123 CY of aggregate surface course. FEMA approved an allowance in the PW to haul the materials from a distance greater than 5 miles. The PW also allowed for basic inspection services at 3 percent plus funds for any necessary permits. The Applicant contends that additional damage, hidden by water in the stream channel at the time of FEMA’s site visit, necessitates construction of a larger embankment for the bypass road, with longer culverts, along with significant earthwork in the stream channel prior to road reconstruction. Consequently, the Applicant is requesting that FEMA revise the scope of work in the PW and fund an additional $101,507 for a total project cost of $508,523.
Issues: Should FEMA revise the scope of work to allow for additional earthwork and longer culverts at an additional cost of $101,507, as requested by the Applicant?
Rationale: 44 CFR §206.204(e), Project Performance, Cost Overruns; 44 CFR §206.226, Restoration of Damaged Facilities