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Second Appeal Brief
PA ID# 037-99037-00; Los Angeles County
PW ID# 3039; Tujunga Canyon Road
Citation: FEMA-1577-DR-CA; Los Angeles County (Applicant)
Reference: Repair to pre-disaster conditions; Eligible work; Reasonable Costs; Hazard Mitigation
Summary: Heavy rainfall during the January 2005 winter storms transported debris that blocked a drain uphill from a tied-back timber retaining wall at mile marker (MM) 14.44 on Little Tujunga Canyon Road. With the drain blocked, storm water runoff cascaded over the slope resulting in the failure of a 100-foot long section of the retaining wall along with the loss of the embankment supported by the wall, resulting in damage to the asphalt shoulder of the road and guardrail. Project Worksheet (PW) 3039 was prepared in August 2005 with an estimated cost of $291,734 to address repairs to the damaged retaining wall, integral ground, paved shoulder, and guardrail. Los Angeles County (Applicant) is requesting that FEMA approve a scope of work modification to allow construction of a soldier pile wall with cast-in-place concrete panels, rather than a soldier pile wall with timber lagging, for public safety as the project is located in a high hazard area for wildfires. The Applicant is requesting that FEMA approve additional costs in the amount of $365,014, for a total project cost of $656,748.
Issues: 1. Should the scope of work be revised to allow for construction of cast-in-place reinforced concrete panels between soldier piles, in lieu of timber lagging?
2. Should the cost be increased by $365,014, as requested by the Applicant, to cover the costs associated with the requested change to the scope of work?
Findings: 1. Yes, information provided in the appeal does support the Applicant’s request for the scope of work revision to allow for construction of cast-in-place reinforced concrete panels for public safety reasons in light of the persistent wildfire threat that exists in this locale.
2. No, the Applicant failed to provide documentation in support of its request for an increase in project funding for $365,014. The issue of an increase in funding for the project will need to be addressed by the Applicant at project closeout.
Rationale: Stafford Act Section 406(e); 44 CFR §206.223(a); OMB Circular A-87 §C.1.a.; FEMA RR Policy 9526.1