Las Flores Canyon Road Repair
Appeal Brief
Appeal Letter
SECOND APPEAL BRIEF
FEMA-1585-DR-CA
Los Angeles County; PA ID 037-99037-00
Las Flores Canyon Road Repair, Project Worksheet 776
Citation FEMA-1585-DR-CA; Los Angeles County (Applicant).
Cross-
Reference Repair to pre-disaster conditions; Eligible work; Reasonable Costs
Summary As a result of heavy rainfall during the February 2005 Winter Storms, FEMA prepared Project Worksheet (PW) 776 in October 2005 for $183,978 to fund stabilization of a failed slope and associated restoration of pavement and appurtenances along a section of Las Flores Canyon Road, 200 feet south of culvert marker (CM) 2.04, located in the Malibu area of Los Angeles County. The scope of work in the PW calls for a 64-foot long soldier pile with pile spacing 8 feet on-centers with timber lagging. The Applicant is requesting modifications to PW 776 to reflect a total soldier pile length of 83 feet, with piles 6 feet on-centers, and use of a cast-in-place reinforced concrete wall and appurtenances, along with augmentation for increased cost for materials, labor and proportionate increase in engineering design and construction management costs. The estimated total project cost requested in appeal is $612,948.
A revised and reduced set of plans dated September 13, 2005, prepared by the County of Los Angeles Department of Public Works (LADPW) and submitted with both appeals calls for a 83-foot long soldier pile, 6 feet on-centers, and reinforced concrete wall. The Governors Office of Emergency Services (OES) recommends that FEMA approve the Applicants second appeal.
Issues: (1) Should the scope of work be revised to allow for an 83-foot long soldier pile wall with appurtenances?
(2) Should the total project cost be increased to reflect construction of an 83-foot long soldier pile wall with appurtenances?
Findings: (1) Yes.
(2) No. FEMA will reconcile costs at closeout.
Rationale: Stafford Act Section 406(e); 44 CFR §206.223(a)(1); OMB Circular A-87 §C.1.a.
Appeal Brief
| Disaster | 1585 |
| Applicant | Los Angeles County |
| Appeal Type | Second |
| PA ID# | 037-99037-00 |
| PW ID# | 776 |
| Date Signed | 2007-10-26T04:00:00 |
FEMA-1585-DR-CA
Los Angeles County; PA ID 037-99037-00
Las Flores Canyon Road Repair, Project Worksheet 776
Citation FEMA-1585-DR-CA; Los Angeles County (Applicant).
Cross-
Reference Repair to pre-disaster conditions; Eligible work; Reasonable Costs
Summary As a result of heavy rainfall during the February 2005 Winter Storms, FEMA prepared Project Worksheet (PW) 776 in October 2005 for $183,978 to fund stabilization of a failed slope and associated restoration of pavement and appurtenances along a section of Las Flores Canyon Road, 200 feet south of culvert marker (CM) 2.04, located in the Malibu area of Los Angeles County. The scope of work in the PW calls for a 64-foot long soldier pile with pile spacing 8 feet on-centers with timber lagging. The Applicant is requesting modifications to PW 776 to reflect a total soldier pile length of 83 feet, with piles 6 feet on-centers, and use of a cast-in-place reinforced concrete wall and appurtenances, along with augmentation for increased cost for materials, labor and proportionate increase in engineering design and construction management costs. The estimated total project cost requested in appeal is $612,948.
A revised and reduced set of plans dated September 13, 2005, prepared by the County of Los Angeles Department of Public Works (LADPW) and submitted with both appeals calls for a 83-foot long soldier pile, 6 feet on-centers, and reinforced concrete wall. The Governors Office of Emergency Services (OES) recommends that FEMA approve the Applicants second appeal.
Issues:
(2) Should the total project cost be increased to reflect construction of an 83-foot long soldier pile wall with appurtenances?
(2) No. FEMA will reconcile costs at closeout.
Appeal Letter
October 26, 2007
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal Los Angeles County, PA ID 037-99037-00
Las Flores Canyon Road Repair, FEMA-1585-DR-CA, Project Worksheet 776
Dear Mr. Jacks:
This is in response to your letter dated January 19, 2007, transmitting the second appeal from Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMAs) decision not to revise the scope of work and increase funding for the repair of a section of Las Flores Canyon Road.
FEMA prepared Project Worksheet (PW) 776 for $183,978 in October 2005 to fund the stabilization of a failed slope and associated restoration of pavement and appurtenances along a section of Las Flores Canyon Road in the Malibu area of Los Angeles County. The scope of work included construction of a 64-foot soldier pile wall with timber lagging and pile spacing of eight feet on-centers. Los Angeles County (Applicant) disagreed with FEMAs scope of work and funding determinations in the PW.
The Applicant submitted a first appeal to the California Governors Office of Emergency Services (OES) on April 27, 2006. OES forwarded the appeal to FEMA on June 21, 2006. The Applicant requested that FEMA revise the scope of work to include an 83-foot reinforced concrete soldier pile wall with piles six feet on-centers, instead of a 64-foot wall with piles eight feet on-centers. The associated cost of the revised scope of work was $612,948. The Acting Regional Director denied the appeal on August 24, 2006, because the Applicant did not provide sufficient documentation to support the increased length of wall (i.e. the need for 83 feet rather than 64 feet as defined in the PW). The Acting Regional Director also informed OES that an increase in the length of wall above that defined in PW 776 would necessitate a request from the Applicant for an Improved Project.
The Applicant submitted a second appeal to OES on November 20, 2006. OES forwarded the appeal to FEMA on January 19, 2007. The Applicant reiterated its request for a change to the scope of work to comply with the recommendations of its consultant, MACTEC, and the design prepared by LADPW, along with the associated increase in the total project cost.
The Applicant provided a copy of the MACTECs August 11, 2005, geotechnical report, the LADPW project design plans and a revised cost estimate to support its request. The Applicant stated that the use of a cast-in-place reinforced concrete wall instead of timber lagging is appropriate because the area is subject to wildfires. In addition, the road is an evacuation route and provides access to firefighting crews and equipment.
We have reviewed all information the Applicant submitted with the appeal and determined that an 83-foot reinforced concrete soldier pile wall with piles six feet on-centers is a reasonable method of repairing the disaster damage at the site. The cost of the project will increase because of the change in scope. However, since there is a wide disparity in the estimated unit costs for certain items of work (for example, unclassified excavation, structural excavation, structural concrete) among the PW and the Applicants estimates dated September 6, 2005, and February 14, 2006, we will not revise the estimate at this time. Rather, we will reconcile cost for the approved scope of work during closeout.
Accordingly, I approve the request to revise the scope of work. I do not approve the request to adjust the cost estimate to $612,978. By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Nancy Ward
Regional Director
FEMA Region IX
Mr. Paul Jacks
Governors Authorized Representative
Governors Office of Emergency Services
Response and Recovery Division
3650 Schriever Avenue
Mather, CA 95655
Re: Second Appeal Los Angeles County, PA ID 037-99037-00
Las Flores Canyon Road Repair, FEMA-1585-DR-CA, Project Worksheet 776
Dear Mr. Jacks:
This is in response to your letter dated January 19, 2007, transmitting the second appeal from Los Angeles County (Applicant). The Applicant is appealing the Department of Homeland Securitys Federal Emergency Management Agencys (FEMAs) decision not to revise the scope of work and increase funding for the repair of a section of Las Flores Canyon Road.
FEMA prepared Project Worksheet (PW) 776 for $183,978 in October 2005 to fund the stabilization of a failed slope and associated restoration of pavement and appurtenances along a section of Las Flores Canyon Road in the Malibu area of Los Angeles County. The scope of work included construction of a 64-foot soldier pile wall with timber lagging and pile spacing of eight feet on-centers. Los Angeles County (Applicant) disagreed with FEMAs scope of work and funding determinations in the PW.
The Applicant submitted a first appeal to the California Governors Office of Emergency Services (OES) on April 27, 2006. OES forwarded the appeal to FEMA on June 21, 2006. The Applicant requested that FEMA revise the scope of work to include an 83-foot reinforced concrete soldier pile wall with piles six feet on-centers, instead of a 64-foot wall with piles eight feet on-centers. The associated cost of the revised scope of work was $612,948. The Acting Regional Director denied the appeal on August 24, 2006, because the Applicant did not provide sufficient documentation to support the increased length of wall (i.e. the need for 83 feet rather than 64 feet as defined in the PW). The Acting Regional Director also informed OES that an increase in the length of wall above that defined in PW 776 would necessitate a request from the Applicant for an Improved Project.
The Applicant submitted a second appeal to OES on November 20, 2006. OES forwarded the appeal to FEMA on January 19, 2007. The Applicant reiterated its request for a change to the scope of work to comply with the recommendations of its consultant, MACTEC, and the design prepared by LADPW, along with the associated increase in the total project cost.
The Applicant provided a copy of the MACTECs August 11, 2005, geotechnical report, the LADPW project design plans and a revised cost estimate to support its request. The Applicant stated that the use of a cast-in-place reinforced concrete wall instead of timber lagging is appropriate because the area is subject to wildfires. In addition, the road is an evacuation route and provides access to firefighting crews and equipment.
We have reviewed all information the Applicant submitted with the appeal and determined that an 83-foot reinforced concrete soldier pile wall with piles six feet on-centers is a reasonable method of repairing the disaster damage at the site. The cost of the project will increase because of the change in scope. However, since there is a wide disparity in the estimated unit costs for certain items of work (for example, unclassified excavation, structural excavation, structural concrete) among the PW and the Applicants estimates dated September 6, 2005, and February 14, 2006, we will not revise the estimate at this time. Rather, we will reconcile cost for the approved scope of work during closeout.
Accordingly, I approve the request to revise the scope of work. I do not approve the request to adjust the cost estimate to $612,978. By copy of this letter, I request the Regional Administrator to take appropriate action to implement this determination.
Please inform the Applicant of my decision. My determination constitutes the final decision on this matter as set forth in 44 CFR §206.206.
Sincerely,
Carlos J. Castillo
Assistant Administrator
Disaster Assistance Directorate
cc: Nancy Ward
Regional Director
FEMA Region IX
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