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Second Appeal Summary
PA ID# 085-00000; Santa Clara County
DSR ID# 61683&74626; Project Management & Fill Replacement
Citation: Appeal Brief; Second Appeal; Santa Clara County; FEMA-1046-DR-CA;PA #085-00000
Cross Reference: DSRs 61683 and 74626; Fill Replacement; Project Management; Permanent Repairs; Category C
Summary: The winter storms and heavy rains in March of 1995 caused a slip-out of an earthen slope and damages to Metcalf Road, in Santa Clara County (County). FEMA prepared Damage Survey Report (DSR) 74626 for $225,470 to repair 54 linear feet (ft) of damaged roadway pavement and shoulder, a drainage culvert and a 45 ft by 70 ft hillside slip-out, utilizing a concrete crib wall. During a geotechnical review, FEMA determined that the slip-out was within an area of historical landslides and, based on FEMA's Landslide Policy, stabilization of the failed slope was the responsibility of the County. The DSR was reduced to $16,473 and included only repairs of the roadway, shoulder and culvert. In a supplemental request, the County contended that the slip-out was within an embankment constucted as part of the construction of Metcalf Road. The request (considered a first appeal) was for $303,183 for the actual costs of construction, including stabilizaton of the landslide. The Regional Director determined that 65% of the slip-out was within an eligible facility and approved the first appeal for $168,133, including $131,650 for road, shoulder, culvert, and embankement repair expenses and $26,656 and $26,300 for force account and contract engineering expenses, repsectively. The Regional Director also determined that the other requested items of work (larger culvert, underdrains, and a rock buttress) were improvements to the pre-disaster condition, were repairs of a natural feature and were not eligible for funding. In the second appeal, the County requested $20,250 for fill required to repair the embankment void and $19,730 for additional contract engineering for project management.
- Is the fill expense necessary for disaster-related damages?
- Are the requested project management costs eligible for FEMA funding?
- Yes. The fill costs were not included in DSR 61683.
- No. Reasonable project management costs were provided in the engineering costs previously funded.
Rationale: Engineering and Design Curves in the FEMA Public Assistance Guide.