Burma Road
Appeal Brief
Appeal Letter
Appeal Analysis
Citation: FEMA-1059-DR-VA, Virginia Department of Transportation, DSR 80396
Cross -Reference: Landslide, Disaster Related Damages
Summary: The slope supporting Burma Road was damaged during FEMA-1059-DR-VA. DSR 70669 was written in the amount of $873,191. The eligible scope of work included the repair of 250 feet of pavement cracks and slope stabilization through the installation of pin piles at the top of the slope and gabions at the toe of the slope. VDOT decided to switch from the recommended pin pile and gabion repair design, to a tieback retaining structure. This decision was based on survey data and slope stability analyses that showed a crack length of 330 feet at the end of October 1995. VDOT determined that the tieback system combined with a regrading of the slope above the tieback would reach a similar result as the FEMA approach, but at a lower cost. In early 1996, the slope continued to move and the crack length had reached 450 feet. During September of 1996, Hurricane Fran caused additional slide activity. As a result of a site inspection, DSR 63171 was written to document the damage but denied any additional funding.. The DSR noted that the roadway above the slide was completely destroyed and that a significant volume of material slid down over the ongoing repair work. The DSR noted that any changes to the ongoing repair work would have to be addressed under the final closeout process under FEMA-1059. As a result of a final inspection during closeout, DSR 80396 was written in the amount of $407,685. The scope of work included costs associated with installation of a socketed soldier pile wall with tiebacks for a length of 250 feet. This brought the total eligible costs to $1,280,876. VDOT submitted their first appeal on August 22, 1997. VDOT requested an additional $1,428,604 based on actual costs. The Regional Director denied the first appeal because the applicant had failed to expedite the emergency project and properly protect the site which resulted in further damage that can not be reasonably attributed to the declared event. VDOT submitted their second appeal. They again request $1,428,604. Their claim is they had taken all measures to protect the site and they had started construction in a timely manner.
Issues:
Route 303 (Burma Road) is an 18-foot wide paved road with 4.5-foot shoulders. Although Burma Road services the Virginia Military Institute (VMI) campus, the Virginia Department of Transportation (VDOT) is responsible for the maintenance. During June of 1995, heavy rains, from the Federal Emergency Management Agency (FEMA) disaster FEMA-1059-DR-VA (FEMA-1059), caused Woods Creek to flood and erode the toe of the slope on which Burma Road is constructed. The toe erosion caused the soil on the supporting slope to buckle and drop down. This in turn caused large cracks in both the slope and the pavement. VMI personnel discovered the cracks in late June and subsequently closed the road to traffic. A damage survey report (DSR) inspection team surveyed the site on July 15, 1995. It was noted that the crack measurement at that time was approximately 177 feet long. Another DSR inspection team surveyed the site on July 24, 1995. At this time, the cracks were measured to be approximately 250 feet long.
As a result of the second inspection, DSR 70669 was written in the amount of $873,191. The eligible scope of work included the repair of 250 feet of pavement cracks and stabilization of the hillside through the installation of pin piles at the top of the slope and gabions at the toe of the slope.
VDOT completed geologic investigations and slope stability analyses of the slide by the end of October 1995. At this time, the crack length had increased to 330 feet. The slope continued to stay active and by January 1996, the length of the crack had reached 450 feet.
During this time, VDOT was working with their contractor, Nicholson Construction, to design the repair of the Burma Road slope. A June 1996 VDOT report (report) detailed the logic behind their decision to switch from the recommended pin pile and gabion repair design to a tieback retaining structure. The decision was based on the survey data and slope stability analyses performed in August and September 1995. VDOT had determined that the tieback system combined with a regrading of the slope above the tieback slope would reach a similar result as the FEMA pin pile approach, but at a lower cost. Therefore, VDOT made the decision and directed Nicholson Construction to begin the design of a socketed soldier pile wall with tiebacks. Based on this report, the State requested a re-inspection of the site by letter dated May 6, 1996.
Hurricane Fran
During September of 1996, heavy rains from Hurricane Fran (FEMA-1135) caused additional slide activity. As a result of a site inspection, DSR 63171 was written. The DSR noted that the roadway above the slide was completely destroyed and that a significant volume of material slid from the roadway down over the ongoing repair work. DSR 63171 was written to document the damage but denied any additional funding. The DSR noted that any changes to the ongoing repair work would have to be addressed under the final closeout process under FEMA-1059.
Closeout
As a result of a final inspection during closeout, conducted in April 1997, DSR 80396 was written in the amount of $407,685. The scope of work included costs associated with installation of a socketed soldier pile wall with tiebacks. This brought the total eligible costs to $1,280,876. The additional $407,685 was to account for the change in repair methodology from the pin pile system with gabions to the soldier pile wall. However, the repair was limited to the length of repair described in DSR 70669, 250 feet. The basis of limiting the repair was that the inspector believed that the applicant had not taken the necessary steps to protect the site from further damage.
First Appeal
VDOT submitted their first appeal on August 22, 1997. In their appeal, VDOT stated that they have spent $2,188,860 to date to repair the slide. VDOT noted that an additional slide had occurred on January 28, 1997. They requested an additional $520,620 to complete the repairs associated with that slide. This brought the additional requested amount to $1,428,604 (($2,188,860 - $1,280,876)+$520,620)). The Regional Director denied the first appeal. The basis was that the applicant had failed to expedite the emergency project and properly protect the site, which resulted in further damage that can not be reasonably attributed to the declared event. Additionally, slope stabilization measures incorporated into the repair were beyond those allowed under the landslide policy.
Second Appeal
On March 30, 1998, VDOT submitted their second appeal. VDOT claims that the slope is necessary to maintain the function of Burma Road and should be eligible for repair. Additionally, VDOT requests that issues concerning the expediency of the performance of work and the protection of the site from further damage be reviewed again. They again request an additional $1,428,604.
DISCUSSION
There are two primary issues concerned with this appeal. The first is whether VDOT took appropriate action to protect the site from further damage. The second is whether they proceeded in a timely manner when implementing an alternate repair method than that proposed in DSR 70669.
Protective Measures
DSR 70669 recommended that the voids in the roadway be filled immediately to protect against surface water intrusion that could potentially worsen the slide. VDOT claims that in September of 1995, they filled the voids with #10 crushed stone and sealed them with asphalt. However, the geologic conditions present at the site induced further movement any time that the area experienced substantial rainfall. This was because the fill material was over top of bedrock on a steep gradient. Between the bedrock and fill was a thin residual clay layer. Additionally, the large relatively flat area at the top of the hill acted as a recharge area for groundwater. Therefore, as the recharge area drained, the water would flow down the slope, on top of the residual clay. This formed the failure plane for the fill material. Simply covering the cracks on the surface had little or no effect on continued movement. The continued movement of the slide resulting in a 450-foot crack length in early 1996 evidences this fact. Therefore, it is determined that VDOT implemented reasonable precautions to protect the site from further damage but that the continued movement was due to circumstances that could not be reasonably forseen or prevented.
Alternate Repair Method
The purpose of DSR 70669 was to restore the function of Burma Road, recommending a two step approach be utilized in the stabilization of the slope. The first phase was to install pin piles (concrete piles drilled and then grouted into place) for a length of 250 feet along the slope. Because these piles are drilled into bedrock, they would stabilize and support the roadway allowing the slope underneath to be repaired. However, the DSR states, "Other pile systems may be considered." The second step was to stabilize the toe of the slope by the installation of gabion wall approximately 24-feet high and 300-feet long. Again the DSR states that, "Other retaining systems may be considered,." After additional costs for items such as mobilization, grading and clearing of the slope, construction of a gravel mat for working in the stream and other miscellaneous costs, the total cost to install the pin piles and gabion wall was estimated to $874,000. However, the DSR states "The stability of the slope and method of stabilization should be investigated and designed by a geotechnical engineer. Subsurface conditions including soil, rock, and groundwater conditions should be evaluated. Inclinometers should be installed in the slope to monitor further movemornical investigation was required to design the actual stabilization of the slope.
VDOT completed geologic investigations and slope stability analyses by the end of October 1995. At this time, the crack length had increased to 330 feet. It is VDOT's position that they followed the recommendations of DSR 70669 and performed a geotechnical study of the site and proceeded with the most prudent course of action based on that study. As discussed above, a June 1995 VDOT report detailed the logic behind VDOT's decision to switch from the recommended pin pile and gabion repair design to a tieback retaining structure. The report noted that the slope continued to stay active and by early 1996, the length of the crack had reached 450 feet. Based on survey data, slope stability analyses, and a crack length of 450 feet, VDOT determined that a tieback system combined with a regrading of the slope above the tieback would reach a similar result as the FEMA pin pile approach, but at a lower cost. This conclusion was based on an extrapolation of the DSR estimated cost of the pin pile system for 250 feet at $874,000 to $1,521,000 for 450 feet using a factor of 1.8. (450/250 = 1.8). The estimated cost for a 450-foot soldier pile system was $1.47 million. Therefore, based on this conclusion, they proceeded with the design of the project.
It is not the intent of FEMA to prescribe engineering and design practices or to dictate how the VDOT chooses to repair Burma Road. Because, it is determined that because VDOT `s method of repair accomplished the same results as the proposed method of DSR 70669 (i.e. restoring the function of Burma Road), the tieback retaining structure is eligible.
Start of Construction
Regardless of which method of repair VDOT chose, the timing of the start of construction would not have changed. This is because VDOT had not completed the investigative studies recommended in DSR 70669 and required for final design, until late in the fall of 1995. Typically, construction projects of this nature are not started in late fall or early winter due to safety factors involved with exposed unstable slopes due to elevated surface water levels and elevated groundwater tables. Further, Virginia experienced a declared snow disaster (FEMA-1086-DR-VA) and a declared flood disaster (FEMA-1098-DR-VA) in early 1996, thereby further delaying the start of construction. We have determined that VDOT has proceeded in a timely and prudent manner with the repair of Burma Road.
Hurricane Fran
DSR 63171 was written in October 1996 as a result of Hurricane Fran (1135-VA). At the time of 1135-VA, the contractor had installed the twin 84-inch culverts and had some of the soldier piles in place. Hurricane Fran caused 140 feet of the damaged section of Burma Road to fail completely. Several areas of the construction site were washed out. However, the contractor covered the costs. Approximately 8000 cy of material slid down but did not cover any of the newly constructed wall. However, this material caused the height of the wall in un-constructed areas to increase in order to reach bedrock, thereby increasing construction costs. DSR 63171 provided $0 basing the decision that these costs would be handled under Disaster 1059 DSRs.
It would have been difficult for VDOT to have predicted or prevented additional damage from Hurricane Fran. The additional slide material caused a change in the installation method of the tieback structure because the depth to bedrock was now greater. Additionally, the repair to Burma Road itself was now greater due to the complete failure of a 140-foot length of roadway. Therefore, any additional damage caused by Fran that is not the responsibility of the contractor is eligible. The Regional Director will prepare a supplemental DSR in the amount of $907,984
The requested $520,620 for additional slide activity in January 1997 is not eligible. It is our understanding that the stabilization work had been completed at the time of this slide. This slide activity cannot be attributed to any of the eligible work related to the slide activity from either 1059-VA or 1135-VA. Therefore, these costs are not eligible.
CONCLUSION
VDOT had undertaken reasonable protective measures by filling and sealing the voids in Burma Road. Therefore, they are not at fault for the slide worsening. Additionally, because conditions beyond VDOT's control slowed the start of construction, it is determined that VDOT proceeded in a timely manner. Finally, because VDOT's repair method accomplished the same result as the proposed method in DSR 70669, the 450-foot long tieback structure is eligible. The $520,620 for the slide occurring in January 1997 is not eligible.
Appeal Brief
| Disaster | FEMA-1059-DR |
| Applicant | Virginia Department of Transportation |
| Appeal Type | Second |
| PA ID# | 000-92003 |
| PW ID# | 80396 |
| Date Signed | 1999-02-12T05:00:00 |
Cross -Reference: Landslide, Disaster Related Damages
Summary: The slope supporting Burma Road was damaged during FEMA-1059-DR-VA. DSR 70669 was written in the amount of $873,191. The eligible scope of work included the repair of 250 feet of pavement cracks and slope stabilization through the installation of pin piles at the top of the slope and gabions at the toe of the slope. VDOT decided to switch from the recommended pin pile and gabion repair design, to a tieback retaining structure. This decision was based on survey data and slope stability analyses that showed a crack length of 330 feet at the end of October 1995. VDOT determined that the tieback system combined with a regrading of the slope above the tieback would reach a similar result as the FEMA approach, but at a lower cost. In early 1996, the slope continued to move and the crack length had reached 450 feet. During September of 1996, Hurricane Fran caused additional slide activity. As a result of a site inspection, DSR 63171 was written to document the damage but denied any additional funding.. The DSR noted that the roadway above the slide was completely destroyed and that a significant volume of material slid down over the ongoing repair work. The DSR noted that any changes to the ongoing repair work would have to be addressed under the final closeout process under FEMA-1059. As a result of a final inspection during closeout, DSR 80396 was written in the amount of $407,685. The scope of work included costs associated with installation of a socketed soldier pile wall with tiebacks for a length of 250 feet. This brought the total eligible costs to $1,280,876. VDOT submitted their first appeal on August 22, 1997. VDOT requested an additional $1,428,604 based on actual costs. The Regional Director denied the first appeal because the applicant had failed to expedite the emergency project and properly protect the site which resulted in further damage that can not be reasonably attributed to the declared event. VDOT submitted their second appeal. They again request $1,428,604. Their claim is they had taken all measures to protect the site and they had started construction in a timely manner.
Issues:
- Did the applicant proceed in a timely manner to start repair work?
- Did the applicant take all feasible measures to protect the site from further damage?
- Yes. Construction was delayed by geologic investigations and severe weather.
- Yes. The applicant filled and sealed the voids in the road in the fall of 1995.
Appeal Letter
February 12, 1999
Mr. Michael M. Cline
State Coordinator
Department of Emergency Services
10501 Trade Court
Richmond, VA 23236-3713
Dear Mr. Cline:
This letter is in response to the March 30,1998, submittal of the Virginia Department of Transportation's (VDOT) second appeal of Damage Survey Report (DSR) 80396 under FEMA-1059-DR-VA. In their second appeal, the applicant is requesting an additional $1,428,604 for actual costs incurred in repairing Burma Road.
Based on a review of the available documentation, it is found that the alternate repair method undertaken by VDOT and its associated cost are eligible. The cost for the alternate repair method is eligible because it restores the function of Burma Road. Additionally, the extension of the length of repair from 250 to 450 feet and damage from Hurricane Fran are eligible because the worsening of the slide underneath Burma Road was beyond VDOT's control. However, the additional $520,620 associated with the slide which occurred in January 1997 cannot be attributed to any declared disaster. Therefore, the $520,620 is denied. As discussed in the enclosed analysis, by copy of this letter, I am requesting the Regional Director to prepare a supplemental DSR in the amount of $907,984 for actual costs incurred in repairing Burma Road. Accordingly, the subgrantee's appeal is partially granted.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Rita A. Calvan
Regional Director
FEMA Region III
Mr. Michael M. Cline
State Coordinator
Department of Emergency Services
10501 Trade Court
Richmond, VA 23236-3713
Dear Mr. Cline:
This letter is in response to the March 30,1998, submittal of the Virginia Department of Transportation's (VDOT) second appeal of Damage Survey Report (DSR) 80396 under FEMA-1059-DR-VA. In their second appeal, the applicant is requesting an additional $1,428,604 for actual costs incurred in repairing Burma Road.
Based on a review of the available documentation, it is found that the alternate repair method undertaken by VDOT and its associated cost are eligible. The cost for the alternate repair method is eligible because it restores the function of Burma Road. Additionally, the extension of the length of repair from 250 to 450 feet and damage from Hurricane Fran are eligible because the worsening of the slide underneath Burma Road was beyond VDOT's control. However, the additional $520,620 associated with the slide which occurred in January 1997 cannot be attributed to any declared disaster. Therefore, the $520,620 is denied. As discussed in the enclosed analysis, by copy of this letter, I am requesting the Regional Director to prepare a supplemental DSR in the amount of $907,984 for actual costs incurred in repairing Burma Road. Accordingly, the subgrantee's appeal is partially granted.
Please inform the applicant of my determination. In accordance with the appeal procedure governing appeal decisions made on or after May 8, 1998, my decision constitutes the final decision on this matter. The current appeal procedure was published as a final rule in the Federal Register on April 8, 1998. It amends 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
Enclosure
cc: Rita A. Calvan
Regional Director
FEMA Region III
Appeal Analysis
BACKGROUNDRoute 303 (Burma Road) is an 18-foot wide paved road with 4.5-foot shoulders. Although Burma Road services the Virginia Military Institute (VMI) campus, the Virginia Department of Transportation (VDOT) is responsible for the maintenance. During June of 1995, heavy rains, from the Federal Emergency Management Agency (FEMA) disaster FEMA-1059-DR-VA (FEMA-1059), caused Woods Creek to flood and erode the toe of the slope on which Burma Road is constructed. The toe erosion caused the soil on the supporting slope to buckle and drop down. This in turn caused large cracks in both the slope and the pavement. VMI personnel discovered the cracks in late June and subsequently closed the road to traffic. A damage survey report (DSR) inspection team surveyed the site on July 15, 1995. It was noted that the crack measurement at that time was approximately 177 feet long. Another DSR inspection team surveyed the site on July 24, 1995. At this time, the cracks were measured to be approximately 250 feet long.
As a result of the second inspection, DSR 70669 was written in the amount of $873,191. The eligible scope of work included the repair of 250 feet of pavement cracks and stabilization of the hillside through the installation of pin piles at the top of the slope and gabions at the toe of the slope.
VDOT completed geologic investigations and slope stability analyses of the slide by the end of October 1995. At this time, the crack length had increased to 330 feet. The slope continued to stay active and by January 1996, the length of the crack had reached 450 feet.
During this time, VDOT was working with their contractor, Nicholson Construction, to design the repair of the Burma Road slope. A June 1996 VDOT report (report) detailed the logic behind their decision to switch from the recommended pin pile and gabion repair design to a tieback retaining structure. The decision was based on the survey data and slope stability analyses performed in August and September 1995. VDOT had determined that the tieback system combined with a regrading of the slope above the tieback slope would reach a similar result as the FEMA pin pile approach, but at a lower cost. Therefore, VDOT made the decision and directed Nicholson Construction to begin the design of a socketed soldier pile wall with tiebacks. Based on this report, the State requested a re-inspection of the site by letter dated May 6, 1996.
Hurricane Fran
During September of 1996, heavy rains from Hurricane Fran (FEMA-1135) caused additional slide activity. As a result of a site inspection, DSR 63171 was written. The DSR noted that the roadway above the slide was completely destroyed and that a significant volume of material slid from the roadway down over the ongoing repair work. DSR 63171 was written to document the damage but denied any additional funding. The DSR noted that any changes to the ongoing repair work would have to be addressed under the final closeout process under FEMA-1059.
Closeout
As a result of a final inspection during closeout, conducted in April 1997, DSR 80396 was written in the amount of $407,685. The scope of work included costs associated with installation of a socketed soldier pile wall with tiebacks. This brought the total eligible costs to $1,280,876. The additional $407,685 was to account for the change in repair methodology from the pin pile system with gabions to the soldier pile wall. However, the repair was limited to the length of repair described in DSR 70669, 250 feet. The basis of limiting the repair was that the inspector believed that the applicant had not taken the necessary steps to protect the site from further damage.
First Appeal
VDOT submitted their first appeal on August 22, 1997. In their appeal, VDOT stated that they have spent $2,188,860 to date to repair the slide. VDOT noted that an additional slide had occurred on January 28, 1997. They requested an additional $520,620 to complete the repairs associated with that slide. This brought the additional requested amount to $1,428,604 (($2,188,860 - $1,280,876)+$520,620)). The Regional Director denied the first appeal. The basis was that the applicant had failed to expedite the emergency project and properly protect the site, which resulted in further damage that can not be reasonably attributed to the declared event. Additionally, slope stabilization measures incorporated into the repair were beyond those allowed under the landslide policy.
Second Appeal
On March 30, 1998, VDOT submitted their second appeal. VDOT claims that the slope is necessary to maintain the function of Burma Road and should be eligible for repair. Additionally, VDOT requests that issues concerning the expediency of the performance of work and the protection of the site from further damage be reviewed again. They again request an additional $1,428,604.
DISCUSSION
There are two primary issues concerned with this appeal. The first is whether VDOT took appropriate action to protect the site from further damage. The second is whether they proceeded in a timely manner when implementing an alternate repair method than that proposed in DSR 70669.
Protective Measures
DSR 70669 recommended that the voids in the roadway be filled immediately to protect against surface water intrusion that could potentially worsen the slide. VDOT claims that in September of 1995, they filled the voids with #10 crushed stone and sealed them with asphalt. However, the geologic conditions present at the site induced further movement any time that the area experienced substantial rainfall. This was because the fill material was over top of bedrock on a steep gradient. Between the bedrock and fill was a thin residual clay layer. Additionally, the large relatively flat area at the top of the hill acted as a recharge area for groundwater. Therefore, as the recharge area drained, the water would flow down the slope, on top of the residual clay. This formed the failure plane for the fill material. Simply covering the cracks on the surface had little or no effect on continued movement. The continued movement of the slide resulting in a 450-foot crack length in early 1996 evidences this fact. Therefore, it is determined that VDOT implemented reasonable precautions to protect the site from further damage but that the continued movement was due to circumstances that could not be reasonably forseen or prevented.
Alternate Repair Method
The purpose of DSR 70669 was to restore the function of Burma Road, recommending a two step approach be utilized in the stabilization of the slope. The first phase was to install pin piles (concrete piles drilled and then grouted into place) for a length of 250 feet along the slope. Because these piles are drilled into bedrock, they would stabilize and support the roadway allowing the slope underneath to be repaired. However, the DSR states, "Other pile systems may be considered." The second step was to stabilize the toe of the slope by the installation of gabion wall approximately 24-feet high and 300-feet long. Again the DSR states that, "Other retaining systems may be considered,." After additional costs for items such as mobilization, grading and clearing of the slope, construction of a gravel mat for working in the stream and other miscellaneous costs, the total cost to install the pin piles and gabion wall was estimated to $874,000. However, the DSR states "The stability of the slope and method of stabilization should be investigated and designed by a geotechnical engineer. Subsurface conditions including soil, rock, and groundwater conditions should be evaluated. Inclinometers should be installed in the slope to monitor further movemornical investigation was required to design the actual stabilization of the slope.
VDOT completed geologic investigations and slope stability analyses by the end of October 1995. At this time, the crack length had increased to 330 feet. It is VDOT's position that they followed the recommendations of DSR 70669 and performed a geotechnical study of the site and proceeded with the most prudent course of action based on that study. As discussed above, a June 1995 VDOT report detailed the logic behind VDOT's decision to switch from the recommended pin pile and gabion repair design to a tieback retaining structure. The report noted that the slope continued to stay active and by early 1996, the length of the crack had reached 450 feet. Based on survey data, slope stability analyses, and a crack length of 450 feet, VDOT determined that a tieback system combined with a regrading of the slope above the tieback would reach a similar result as the FEMA pin pile approach, but at a lower cost. This conclusion was based on an extrapolation of the DSR estimated cost of the pin pile system for 250 feet at $874,000 to $1,521,000 for 450 feet using a factor of 1.8. (450/250 = 1.8). The estimated cost for a 450-foot soldier pile system was $1.47 million. Therefore, based on this conclusion, they proceeded with the design of the project.
It is not the intent of FEMA to prescribe engineering and design practices or to dictate how the VDOT chooses to repair Burma Road. Because, it is determined that because VDOT `s method of repair accomplished the same results as the proposed method of DSR 70669 (i.e. restoring the function of Burma Road), the tieback retaining structure is eligible.
Start of Construction
Regardless of which method of repair VDOT chose, the timing of the start of construction would not have changed. This is because VDOT had not completed the investigative studies recommended in DSR 70669 and required for final design, until late in the fall of 1995. Typically, construction projects of this nature are not started in late fall or early winter due to safety factors involved with exposed unstable slopes due to elevated surface water levels and elevated groundwater tables. Further, Virginia experienced a declared snow disaster (FEMA-1086-DR-VA) and a declared flood disaster (FEMA-1098-DR-VA) in early 1996, thereby further delaying the start of construction. We have determined that VDOT has proceeded in a timely and prudent manner with the repair of Burma Road.
Hurricane Fran
DSR 63171 was written in October 1996 as a result of Hurricane Fran (1135-VA). At the time of 1135-VA, the contractor had installed the twin 84-inch culverts and had some of the soldier piles in place. Hurricane Fran caused 140 feet of the damaged section of Burma Road to fail completely. Several areas of the construction site were washed out. However, the contractor covered the costs. Approximately 8000 cy of material slid down but did not cover any of the newly constructed wall. However, this material caused the height of the wall in un-constructed areas to increase in order to reach bedrock, thereby increasing construction costs. DSR 63171 provided $0 basing the decision that these costs would be handled under Disaster 1059 DSRs.
It would have been difficult for VDOT to have predicted or prevented additional damage from Hurricane Fran. The additional slide material caused a change in the installation method of the tieback structure because the depth to bedrock was now greater. Additionally, the repair to Burma Road itself was now greater due to the complete failure of a 140-foot length of roadway. Therefore, any additional damage caused by Fran that is not the responsibility of the contractor is eligible. The Regional Director will prepare a supplemental DSR in the amount of $907,984
The requested $520,620 for additional slide activity in January 1997 is not eligible. It is our understanding that the stabilization work had been completed at the time of this slide. This slide activity cannot be attributed to any of the eligible work related to the slide activity from either 1059-VA or 1135-VA. Therefore, these costs are not eligible.
CONCLUSION
VDOT had undertaken reasonable protective measures by filling and sealing the voids in Burma Road. Therefore, they are not at fault for the slide worsening. Additionally, because conditions beyond VDOT's control slowed the start of construction, it is determined that VDOT proceeded in a timely manner. Finally, because VDOT's repair method accomplished the same result as the proposed method in DSR 70669, the 450-foot long tieback structure is eligible. The $520,620 for the slide occurring in January 1997 is not eligible.
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