Lick Branch Combined (aka Kerrigan) Sewer Line Damage
Appeal Brief
Appeal Letter
Citation: FEMA-1215-DR-TN; PA ID 037-52000; DSRs 15878, 63770 and 77103.
Cross-reference: Storm, Flood and Tornado damage; Repairs to the Lick Branch Combined Sewer Line also known as the Kerrigan Sewer Line.
Summary: In the aftermath of the April/May 1998 tornado and storm disaster, the Metropolitan Government of Nashville and Davidson County (Metro) applied for assistance to repair a 16-foot diameter sewer line that sustained damage from the storms. FEMA initially approved DSR 15878 on May 20, 1998, for $403,125 to repair a 150-foot section of the sewer line that sustained damage and to fill a void outside the sewer line. Prior to the disaster, the Metropolitan Water and Sewer Department, the department of Metro responsible for sewage collection and treatment, awarded a contract to Pressure Concrete, Inc., to furnish and install a two-inch thick gunite lining in a 400-foot section of the sewer line just upstream of the section damaged by the disaster (STN 81+00 to STN 85+00). This work was in progress when the disaster occurred. The heavy storm water flow in the sewer during the disaster created a hole on the right side of the sewer line at STN 83+50, which was under repair. Turbulent water flow through this hole developed a void in the soil outside the pipe that continued downstream to the 150-foot section. FEMA approved supplemental DSR 63770 to increase funding to $648,443 to include work to fill the voids created outside the sewer line. Following completion of the applicant's projects, FEMA's Inspector General performed an audit of 14 projects and found that on this project, the applicant performed work on the adjacent 400-foot section of sewer line that was under repair at the time of the disaster. The OIG questioned $108,323. FEMA subsequently deobligated $108,323 on DSR 77103. The applicant appealed the audit and the Regional Director upheld the deobligation. The applicant has submitted a second appeal attesting that FEMA had approved repairing the void in the 400-foot section of the sewer because it developed as a result of the disaster.
Issues: Was the void that was created behind the section of pipe that was under repair at the time of the disaster caused by the disaster? Was the applicant responsible to repair the void?
Findings: (1) Yes. There was no evidence of a void behind the pipe when the Metro completed for repair of the pipe prior to the disaster. (2.) Yes. The scope of work for the existing contact aid not include repairing the void because it did not exist prior to the disaster.
Rationale: 44 CFR 206.223 (a).
Appeal Brief
| Disaster | FEMA-1215-DR |
| Applicant | Metropolitan Government of Nashville and Davidson County |
| Appeal Type | Second |
| PA ID# | 037-52000 |
| PW ID# | 15878 |
| Date Signed | 2001-04-30T04:00:00 |
Citation:
Appeal Letter
April 30, 2001
Mr. John D. White Jr.
Director
Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, TN 37204
Re: Second Appeal - Metropolitan Government of Nashville and Davidson County; Kerrigan Sewer Line Damage; FEMA-1215-DR-TN; DSR 15878.
Dear Mr. White:
This is in response to your December 12, 2000, letter to the Federal Emergency Management Agency (FEMA) forwarding the referenced December 6, 2000, second appeal from the Metropolitan Government of Nashville and Davidson County (Metro). Metro is appealing the finding of FEMA's Inspector General that its project costs for Damage Survey Report (DSR) 15878 included unauthorized costs of $108,323.
In the aftermath of the April/May 1998 tornadoes, storms and flooding disaster, FEMA approved DSR 15878 on May 20, 1998, for $403,125 to repair a portion of the Lick Branch Combined Sewer Line-also known as the Kerrigan Sewer Line-that sustained damage. The description of the eligible work was "fill void with 1,200 PSI grout and repair 150 LF of sewer line with a 4" reinforced grout line." The void that had developed during the storms behind the sewer line and the 150-foot portion (B-Section) of the sewer line to be repaired were both located under Interstate Highway 40 (I-40) in Nashville.
The Metropolitan Water and Sewer Department (MWS), the department of Metro responsible for sewage collection and treatment, retained the consulting engineering firm of Consoer Townsend Envirodyne Engineers, Inc. (CTEE) to assist in assessing the damage to the sewer. On May 28, 1998, CTEE presented to the FEMA Inspector its report detailing the work necessary to repair the damages caused by the storm as well as the work that the applicant should perform to maintain the integrity of the sewer line. On January 26, 1999, FEMA approved supplemental DSR 63770 increasing the project cost to $648,443 to increase the quantity of grout to repair the voids behind the sewer line.
FEMA's Inspector General performed an audit of the applicant's projects and issued Audit Report No. E-26-00 on May 11, 2000. The report indicated that of 14 projects the auditor examined, four included unauthorized or questionable costs amounting to $519,976. The DSR 15878 project was one of the four. The report stated that on this project, the applicant claimed costs for the 400-foot section (A-Section) of the sewer line that was under contract for repairs at the time of the disaster. The amount questioned was $108,323. When the results of the audit were discussed with the State and Metro officials, the Metro officials stated that they received verbal authorization from FEMA to claim the additional costs. FEMA approved DSR 77103 on July 28, 2000, to deobligate $108,323.
Metro submitted a July 28, 2000, appeal of the Inspector General's audit report. For the DSR 15878 project, the applicant asserted, "a portion of the Kerrigan line (Charlotte Pike under I-40) had been scheduled for repair prior to the disaster, but additional damage was done by the tornado." The applicant claimed that the pressure of the floodwaters during the disaster punched a hole through the wall in the A-Section, and the turbulent flow through the hole created a void behind the sewer line that extended from the A-Section to the B-Section. The storm also inflicted other damage to the B-Section. Metro asserted that the hole (and void it created), and the damage to the B-Section were two separate problems. Further, it stated that the auditor's interpretation that only the repair of the B-Section was eligible for FEMA funding was flawed. The applicant insisted that the repair of the hole and the void created in the A-Section was also eligible. FEMA's Regional Director upheld the Inspector's determination and denied the first appeal on September 14, 2000.
Prior to the disaster, Metro determined that 400 linear feet of the sewer line from Station (STN) 81+00 to STN 85+00, the A-Section, needed reconstruction of the interior surface around the full circumference of the brick pipe. MWS awarded a contract to Pressure Concrete, Inc., to furnish and install a two-inch thick gunite lining in the pipe for a length of 400 feet. The purchase order was issued on March 19, 1998, and work started on April 6, 1998.
On April 16, 1998, while work was in progress, a major storm and tornado struck in the vicinity of the combined sewer area. The storm washed away the workmen's temporary scaffolding and inflicted damage to the sewer line. Specifically, the B-Section, a 150-foot section immediately downstream from the A-Section, suffered damage from STN 85+00 to STN 86+50, and a large void was created outside the sewer pipe. The void started within the A-Section because a hole developed on the right side of the pipe at STN 83+50 during the disaster. The turbulent flow through this hole caused erosion of the fill material outside the pipe that resulted in the void at that location and continuing into the B-Section downstream.
The main issue in this appeal is whether the cost to repair the void behind the A-Section was the responsibility of the contractor or Metro. The scope of work to repair the A-Section consisted of placing reinforced gunite along the interior circumference of the pipe. It did not include repairing holes in the wall of the sewer or filling voids along the outside of the pipe. (These conditions did not exist prior to the disaster). Technical consultants have concluded that the voids were caused by the disaster. Thus, we conclude that Metro was responsible to repair the hole and the voids. The costs to make these repairs are eligible for reimbursement. Based on this finding, I grant the appeal. By copy of this letter, I request the Regional Director prepare a DSR to implement my decision.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Mary Lynne Miller
Acting Regional Director
FEMA Region IX
R:SLFrontincAppeals1215Metro Nashville-Davidson County.doc
RR-IS-EN/FRONTIN/SUBJECT/CHRON/March 7, 2001
Concur: ______FRONTIN ______ WALKE ______STAHLSCHMIDT ______OCA
_______OGC _______ADAMCIK
Mr. John D. White Jr.
Director
Tennessee Emergency Management Agency
3041 Sidco Drive
Nashville, TN 37204
Re: Second Appeal - Metropolitan Government of Nashville and Davidson County; Kerrigan Sewer Line Damage; FEMA-1215-DR-TN; DSR 15878.
Dear Mr. White:
This is in response to your December 12, 2000, letter to the Federal Emergency Management Agency (FEMA) forwarding the referenced December 6, 2000, second appeal from the Metropolitan Government of Nashville and Davidson County (Metro). Metro is appealing the finding of FEMA's Inspector General that its project costs for Damage Survey Report (DSR) 15878 included unauthorized costs of $108,323.
In the aftermath of the April/May 1998 tornadoes, storms and flooding disaster, FEMA approved DSR 15878 on May 20, 1998, for $403,125 to repair a portion of the Lick Branch Combined Sewer Line-also known as the Kerrigan Sewer Line-that sustained damage. The description of the eligible work was "fill void with 1,200 PSI grout and repair 150 LF of sewer line with a 4" reinforced grout line." The void that had developed during the storms behind the sewer line and the 150-foot portion (B-Section) of the sewer line to be repaired were both located under Interstate Highway 40 (I-40) in Nashville.
The Metropolitan Water and Sewer Department (MWS), the department of Metro responsible for sewage collection and treatment, retained the consulting engineering firm of Consoer Townsend Envirodyne Engineers, Inc. (CTEE) to assist in assessing the damage to the sewer. On May 28, 1998, CTEE presented to the FEMA Inspector its report detailing the work necessary to repair the damages caused by the storm as well as the work that the applicant should perform to maintain the integrity of the sewer line. On January 26, 1999, FEMA approved supplemental DSR 63770 increasing the project cost to $648,443 to increase the quantity of grout to repair the voids behind the sewer line.
FEMA's Inspector General performed an audit of the applicant's projects and issued Audit Report No. E-26-00 on May 11, 2000. The report indicated that of 14 projects the auditor examined, four included unauthorized or questionable costs amounting to $519,976. The DSR 15878 project was one of the four. The report stated that on this project, the applicant claimed costs for the 400-foot section (A-Section) of the sewer line that was under contract for repairs at the time of the disaster. The amount questioned was $108,323. When the results of the audit were discussed with the State and Metro officials, the Metro officials stated that they received verbal authorization from FEMA to claim the additional costs. FEMA approved DSR 77103 on July 28, 2000, to deobligate $108,323.
Metro submitted a July 28, 2000, appeal of the Inspector General's audit report. For the DSR 15878 project, the applicant asserted, "a portion of the Kerrigan line (Charlotte Pike under I-40) had been scheduled for repair prior to the disaster, but additional damage was done by the tornado." The applicant claimed that the pressure of the floodwaters during the disaster punched a hole through the wall in the A-Section, and the turbulent flow through the hole created a void behind the sewer line that extended from the A-Section to the B-Section. The storm also inflicted other damage to the B-Section. Metro asserted that the hole (and void it created), and the damage to the B-Section were two separate problems. Further, it stated that the auditor's interpretation that only the repair of the B-Section was eligible for FEMA funding was flawed. The applicant insisted that the repair of the hole and the void created in the A-Section was also eligible. FEMA's Regional Director upheld the Inspector's determination and denied the first appeal on September 14, 2000.
Prior to the disaster, Metro determined that 400 linear feet of the sewer line from Station (STN) 81+00 to STN 85+00, the A-Section, needed reconstruction of the interior surface around the full circumference of the brick pipe. MWS awarded a contract to Pressure Concrete, Inc., to furnish and install a two-inch thick gunite lining in the pipe for a length of 400 feet. The purchase order was issued on March 19, 1998, and work started on April 6, 1998.
On April 16, 1998, while work was in progress, a major storm and tornado struck in the vicinity of the combined sewer area. The storm washed away the workmen's temporary scaffolding and inflicted damage to the sewer line. Specifically, the B-Section, a 150-foot section immediately downstream from the A-Section, suffered damage from STN 85+00 to STN 86+50, and a large void was created outside the sewer pipe. The void started within the A-Section because a hole developed on the right side of the pipe at STN 83+50 during the disaster. The turbulent flow through this hole caused erosion of the fill material outside the pipe that resulted in the void at that location and continuing into the B-Section downstream.
The main issue in this appeal is whether the cost to repair the void behind the A-Section was the responsibility of the contractor or Metro. The scope of work to repair the A-Section consisted of placing reinforced gunite along the interior circumference of the pipe. It did not include repairing holes in the wall of the sewer or filling voids along the outside of the pipe. (These conditions did not exist prior to the disaster). Technical consultants have concluded that the voids were caused by the disaster. Thus, we conclude that Metro was responsible to repair the hole and the voids. The costs to make these repairs are eligible for reimbursement. Based on this finding, I grant the appeal. By copy of this letter, I request the Regional Director prepare a DSR to implement my decision.
Please inform the applicant of this determination. My decision constitutes the final decision on this matter as set forth in 44 CFR 206.206.
Sincerely,
/S/
Lacy E. Suiter
Executive Associate Director
Response and Recovery Directorate
cc: Mary Lynne Miller
Acting Regional Director
FEMA Region IX
R:SLFrontincAppeals1215Metro Nashville-Davidson County.doc
RR-IS-EN/FRONTIN/SUBJECT/CHRON/March 7, 2001
Concur: ______FRONTIN ______ WALKE ______STAHLSCHMIDT ______OCA
_______OGC _______ADAMCIK
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