FHWA’s Emergency Relief (ER) Program

February 26th, 2014Crowne Plaza Baton Rouge

Agenda

FHWA’s ER Program Overview Application Process Eligibility Requirements Emergency vs. Permanent Repairs Contract Requirements Examples of Eligible Items Questions?

FHWA’s ER Program Overview• How was the FHWA’s Emergency Relief

Program created?• What is the purpose of FHWA’s Emergency

Relief Program?

FHWA’s ER Program Overview

Emergency Relief (ER) Program was established in 1972 by Congress.

It authorized the creation of an emergency fund for the repair or reconstruction of highways, roads, and trails, that suffered serious damage as a result of: natural disaster over a wide area; or catastrophic failure from any external cause.

FHWA’s ER Program Overview Natural disaster is a sudden and

unusual occurrence which severely impairs the safety or usefulness of the highway or results in road closure.

Catastrophic failure is a sudden failure of a major element or segment of the highway systems due to an external cause not primarily attributable to gradual and progressive deterioration.

Intent of the ER Program

ER Program provides funds for repair or reconstruction of Federal –aid Highways that suffered serious damage from: natural disasters; or catastrophic failure.

Since 2005, LADOTD has received approximately $1.4 Billion dollars from this program.

Intent of the ER Program

ER funds are not intended to: replace Federal, State, or local funds; correct non-disaster related deficiencies; relieve heavy maintenance

responsibilities of Federal-aid recipients; improve the highway.

How is the ER Program Funded?

Every fiscal year, $100,000,000 are authorized to be appropriated from the Highway Trust Fund to replenish the emergency fund.

These funds are available until expended and are exempt from obligation limitation

How is the ER Program Funded?

$100,000,000 per FY

FHWA Emergency Fund

Natural DisastersOccurs

Funds are obligated to covereligible disasters nationwide.

Application Process

• What is the FHWA’s Emergency Relief Program application process?

• What are the roles of FHWA, LADOTD, and LPAs?

• How do the Disaster Assessment Teams work?

Application Process

Two application methods: Standard Method – is

the general process to apply for and receive ER funds

Quick Release – provides limited initial ER funds for large disasters quickly to help LADOTD with initial emergency repairs

FHWA’s Roles and Responsibilities

Administer ER Program Implement Policies and Procedures Assist in Developing ER Application Participate on Detailed Damage

Inspection Teams Provide Technical Assistance & Training

LADOTD’s Roles and Responsibilities

Identify Federal-Aid Highways Identify Damaged Sites Maintain Adequate Records of Repair Work Complete Emergency Repairs Request Emergency Relief (ER) Funding Organize Damage Inspection Teams Coordinate Locally Administered Projects Complete Permanent Repairs (when

authorized) Provide Technical Assistance & Training

LPA’s Roles and Responsibilities

Identify Damaged Sites Maintain Adequate Records of Repair

Work Complete Emergency Repairs Coordinate with LADOTD Participate on Detailed Damage

Inspection Teams Complete Permanent Repairs (when

authorized)

Damage Inspection Teams

Damage inspections are conducted as soon as practical after an event.

Damage Inspection teams document site repair estimates.

Detail Damage Inspections Reports (DDIR) are written to document the eligible damage and ER funding eligibility.

Damage Inspection Teams

LPA’s representative must respond to LADOTD’s inquires for assessments and disaster site inspections Failure to schedule a site visit by the

Disaster Inspection Team may jeopardize ER funding eligibility.

LADOTD and LPAs are encouraged to document the damage observed on the site immediately following the event and to track costs that may be eligible for ER funding

Detail Damage Insp. Report (DDIR)

DDIRs are written only to determine eligibility, scope, and determine a preliminary cost estimate for the work.

Separate DDIRs must be written for each site.

Quantities shown on the DDIR are a cost estimate only.

DDIR's need to be revised when there is change in scope.

Detail Damage Insp. Report (DDIR)

DDIR must include: Description of damage, Location, Type of Federal‐aid highway, Extent of damage, Cost Estimate, and Potential environmental/historical impacts.

The report must include supporting documentation such as: Photographs, Location map, and Site sketches

Detail Damage Insp. Report (DDIR)

FHWA and LADOTD gather the information for determining site eligibility.

LADOTD is responsible for writing the DDIRs and submitting to FHWA.

LPA Representative must concur (sign) DDIR in order to be considered

Eligibility Requirements

• What are the eligibility requirements for FHWA’s Emergency Relief Program?

• What are Eligible and Ineligible items?

Eligible Event

In order for an event to be considered eligible it must meet the following: Governor or Presidential declaration Damage to Federal-Aid highway system

occurs Event caused at least $700,000 in eligible

damage ER funds are not intended to cover all

damage costs. LADOTD and Local Public Agencies (LPA) must

expect additional expenditures to restore the route to pre‐disaster conditions.

Eligibility Items

All elements within cross section of the federal-aid highways that are damaged as a direct result of a disaster are eligible for repair under the ER program.

Federal-aid highway – all public roads not classified as local roads or rural minor collectors. (23 C.F.R. 470.103)

Only repair work that exceeds heavy maintenance, is extraordinary, and will restore pre‐disaster service is eligible.

Eligibility Maps

Copies of the Emergency Relief Funding Eligibility Maps can be found at: http://www.dotd.la.gov/planning/mapping/erfe.aspx

Eligible Site

A site is an individual location where damage has occurred.

Three basic characteristics must be met : Governor or Presidential declared event, Site is within the ROW of a Federal-aid

highway facility, and Site meets minimum threshold amount of

$5,000.

Combining Damaged Sites

A site could include several adjoining locations where similar damage, related to the same cause, has occurred.

Sites can be combined to prepare a single Detail Damage Inspection Report (DDIR) when: Damage will be repaired in the same

construction contract, or Same repair category.

Combining Damaged Sites

The decision to combine sites is at the discretion of the FHWA’s Emergency Relief Program Coordinator (ERPC) with FHWA’s Inspector’s recommendation.

Damage sites shall not be combined just to meet the $5,000 minimum threshold requirement for ER consideration.

Ineligible Items

ER funds are not intended to cover all damage repair costs

Activities that are not eligible for ER funding include: Heavy or regular maintenance activities Damage that doesn’t meet the threshold

for a site

Ineligible Items

Additional activities not eligible for ER funding: Damage to roadway resulting from heat

expansion/buckling Erosion damage cause primarily or wholly

due to rainfall Prior scheduled bridge work Snow and/or ice removal Emergency transportation services/first

responders

Ineligible Items

Additional activities not eligible for ER funding (Cont’d): Preventive Work/Evacuation prior to a

Disaster Loss of toll revenues Applicant‐Owned material Project delay costs Radiological Contamination Projects not included in LADOTD’s ER

Application

Heavy Maintenance

Work usually done to repair damage normally expected from seasonal and occasionally unusual natural conditions or occurrences

Disaster damage less than $700,000 (Federal share) or sites that have less than $5,000 in damage

Heavy Maintenance Examples

Grading roads rutted by traffic;

Cleaning or reshaping ditches;

Correction of minor embankment or cut slope slip-outs;

Removal of minor deposits of debris on roadways;

Correction of minor erosion damage to traveled way, shoulders, or embankments;

Removal of minor mud deposits on roadways;

Minor pavement settlement

Minor damage to guardrail; Minor riprap damage Replacement of short,

isolated sections of surfacing washed away by flood water

Minor damage or cleaning of culverts;

Minor repair of fencing Repair or replacement of

isolated traffic signs Area-wide projects to correct

extensive minor damage Specialized equipment not

normally required by routine maintenance

Betterments

Betterments: “… are protective features or changes that modify the function or character of a facility from what existed prior to the disaster or catastrophic failure.”

Justification: Prevents Future Eligible Damage Cost/Benefit Analysis

FHWA PRIOR APPROVAL REQUIRED

Emergency vs. Permanent Repairs• What is the difference between Emergency

Repairs and Permanent Repairs?

Emergency vs. Permanent Repairs

ER program has two categories: Emergency Repairs – occur during or

immediately following a disaster to: restore essential traffic, minimize the extent of damage, or protect remaining facilities

Permanent Repairs – occur after emergency repairs have been completed and is intended to restore the roadway to pre-disaster conditions.

Emergency Repairs

Prior authorization not required to begin work. If site or event is determined to be

ineligible, LADOTD or LPA is responsible for all costs.

Reimbursed at 100% Federal share. If completed within the first 180 days

following the start date of the event; Eligible at the permanent repairs

reimbursement rate after. (i.e. 80/20)

Permanent Repairs

Prior authorization required before work can begin. FHWA approval of the DDIR does not

constitute authorization The reimbursement rate for Permanent

Repairs work is: Interstate Highways: 90% federal, 10% state All other Federal-aid routes: 80% federal, 20%

local/state Projects need to advance to construction

within 2 years of the event or will not be considered for ER funding.

Contract Requirements

• What are the contract requirements for FHWA ER projects?

• What contract methods can be used to deliver Emergency and Permanent repairs?

Contract Requirements

Federal-Aid contract rules: Contracting methods according to ER

Manual FHWA Form 1273

Standard federal-aid provisions physically incorporated into all contracts – not referenced

FHWA Form 1273 not included work is not eligible

Davis-Bacon Labor Rates

Contract Requirements

Federal-Aid contract rules(Cont’d): Disadvantaged Business Enterprises

(DBE) Americans with Disabilities Act (ADA) Buy America (steel & iron) Convict labor is not allowed

Design Standards: LADOTD Standard Specifications

Environmental NEPA Issues/Process

Contract Requirements

Advertisement Period Emergency Repairs - No advertisement

period, but must have a minimum of three (3) quotes.

Permanent Repairs - Three weeks minimum. (23 CFR 635.112 Bullet B)

Contractual Methods

Emergency Repairs: Competitive bid Solicited Contracts Negotiated Contracts Maintenance Forces Joint Participation Agreements

Contractual Methods

Permanent Repairs: Competitive Bid Contracts – normal

federal aid requirements Local Public Agency (LPA) Agreements

Examples of Eligible Items• Timber and Debris Removal• Traffic Control Devices• Street Lights

Timber and Debris Removal

Debris removal that is eligible for FEMA funding is not eligible for FHWA ER funds.

Debris removal from Federal-aid highways is eligible for FEMA funding when: The President declares an emergency or a

major disaster, and FEMA determines that debris removal is

eligible under sections 403, 407, or 502 of the Stafford Act.

Timber and Debris Removal

Debris removal may be eligible for ER funds based on the following three scenarios:1. Governor’s declaration, but no Presidential

declaration - FHWA concurs with Governor’s declaration.

2. Presidential declaration , but FEMA determines not eligible for assistance - FHWA may participate for eligible sites.

3. Presidential declaration and eligible under FEMA, but Governor’s declaration covers more parishes - FHWA concurs with additional Governor’s parishes.

Traffic Control Devices

Considered Permanent Repairs ER funds can participate if the damage

exceed heavy maintenance Traffic Signals

Heavy Maintenance: Adjustment to signal equipment that does not require the replacement of a major item such as controller, cabinet, pole, signs, or cables.

Traffic Signs Heavy Maintenance: Signs that do not

require the replacement of a major item such as sign face or mounting post.

Street Lights

Considered Permanent Repairs Street lights must have been

maintained in operational condition prior to the event

ER funds can participate if the damage exceed heavy maintenance

Heavy Maintenance: Replacement of bulbs, realigning lamp fixture, closing lenses covers, etc.

Questions?

Contact Information

Hector Santiago, P.E.Engineering Coordinator(FHWA Emergency Relief Program Coordinator)FHWA – Louisiana Division Office(225) 757-7620

Hector.Santiago@dot.gov