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Second Appeal Brief
PA ID# 037-99037-00; Los Angeles County
PW ID# 3112; Las Flores Canyon Road Repair
Citation: FEMA-1577-DR-CA; Los Angeles County; Las Flores Canyon Road Repair, Project Worksheet (PW) 3112
Reference: Pre-Disaster Condition; Work Eligibility; Improved Project
Summary: As a result of heavy rainfall during the January 2005 Winter Storms, PW 3112 was prepared in August 2005 for $474,164 to fund stabilization of a shallow slope failure to restore the paved shoulder along a section of Las Flores Canyon Road in Los Angeles County. The PW calls for a 136-foot long soldier pile wall with single tiebacks and pre-cast reinforced concrete panels. Los Angeles County (Applicant) proposed construction of a 156 feet long soldier pile wall, with multiple anchored tiebacks, a cast-in-place reinforced concrete wall, and substantially more excavation, as well as asphalt pavement and base, at an estimated total project cost of $2,202,601. The Applicant’s first appeal was denied, but Region IX noted that construction of a cast-in-place reinforced concrete wall was not considered a substantial deviation from the PW scope of work. The Applicant’s second appeal was also denied, because the proposed work exceeds that which is necessary to repair the disaster related damage; however, additional funds were allowed for a partial increase to the quantities for excavation, asphalt, and base, bringing the total project cost to $623,918. The Applicant requested an Improved Project, but submitted an appeal requesting additional funds in the amount of $1,310,165 for the PW scope of work based on actual construction costs. The Applicant’s first appeal on project costs was denied by FEMA Region IX, because the issue of eligible scope of work and the limitation on Federal funding for an Improved Project had been addressed in the second appeal of the PW. The Applicant’s second appeal is based on the contention that an additional $1,310,165 in funding is justified because actual construction costs can be separated out for the FEMA approved scope of work in the PW.
Issue: Should the cost be increased by $1,310,165 to cover what the Applicant claims are actual construction costs for the FEMA approved scope of work in the PW?
Finding: No. The documentation provided by the Applicant does not provide a true and accurate representation of costs to support the Applicant’s request for additional funding above the amount approved in the PW.
Rationale: Stafford Act Section 406(e); 44 CFR §206.223(a)(1); 44 CFR §206.203(d)(1); OMB Circular A-87 §C.1.a.