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Second Appeal Brief
PA ID# 097-99037-00; Los Angeles County
PW ID# 3071; Marquette Drive Repair
FEMA-1577-DR-CA; Los Angeles County
Repair to pre-disaster conditions; Eligible work; Improved Project
The January 2005 Winter Storms (FEMA-1577-DR-CA), declared
February 4, 2005, produced heavy rainfall causing a slope failure and road damage on Marquette Drive in Los Angeles County (Applicant). FEMA prepared Project Worksheet (PW) 3071 in August 2005 for $188,585, with a version in September 2005 for an additional $260,200, for a total estimated project cost of $448,785 for the stabilization of the failed slope and associated restoration of pavement and appurtenances at mile marker (MM) 0.10. The scope of work in the PW version called for a 115-foot long soldier pile wall with timber lagging, specified a pile spacing of six feet on-centers, and tiebacks over a length of 66 feet of the wall, anchored to 12 anchor piles. The Applicant requested that FEMA revise PW 3071 to allow for a 144 foot long soldier pile wall with a cast-in-place reinforced concrete wall and tiebacks along the entire length of the wall for a total project estimate cost of $818,658.
1) Should the scope of work be revised to allow for the requested 144-foot wall?
2) Should the cost be increased to a total project amount of $818,658?
1) No, the appeal did not justify the increase in length; however, it does support the request for tiebacks and a cast-in-place reinforced concrete wall.
2) No, the total project cost should not be increased to $818,658 as requested by the Applicant; however, the costs associated with the additional eligible items of work will result in a PW version which increases the total project cost to $590,461. Since the Applicant has constructed a wall with a length of 144 feet, which constitutes an Improved Project, the Federal funding will be limited to the Federal share of the approved estimate of eligible costs for the new PW version.
Stafford Act Section 406(e); 44 CFR §206.223(a)(1); 44 CFR §206.203(d)(1)