Emergency Relief Program. Ammon Heier, FHWA ER Coordinator

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1 Emergency Relief Program Ammon Heier, FHWA ER Coordinator

2 What to Remember Time is of the Essence - Urgency Good documentation is crucial Early and Ongoing Communication If you don t know, ask.

3 Emergency Relief Program Overview (Purpose and Intent)

4 Two Separate Federal Disaster Programs FHWA Emergency Relief Program FEMA Robert T. Stafford Disaster Relief and Emergency Assistance ACT

5 FHWA ER Manual November

6 FHWA Role Administer the Emergency Relief Program Implement Policies and Procedures Determine eligibility Provide reimbursement funds Provide Technical Assistance & Training

7 State Highway Agency Role Request Emergency Relief Funding Identify Damage Sites Typically ineligible if not a Federal-aid Highway Complete Emergency Repairs (ER) Assess Amount of Damage Administer Permanent Restoration (PR) Projects Coordinate Locally Administered Projects

8 Local Agency Role Help Identify Federal-aid Highways Typically ineligible if not a Federal-aid Highway Identify Damage Sites Complete Emergency Repairs (ER) Coordinate with State Highway Contacts Assist in Assessing Damage Administer Permanent Restoration (PR) Projects

9 ER PURPOSE Authorized by Congress in 23 USC, section 125 Repair or reconstruction of Federal-aid highways and roads on Federal lands damaged by: Natural disasters Catastrophic failures from an external cause

10 DEFINITION 23 USC 125 (a)...result of (1) natural disaster over a wide area such as by floods, hurricanes,......or (2) catastrophic failures from any external cause...

11 NATURAL DISASTER Floods Hurricanes Earthquakes Tornadoes Tidal Waves Severe Storms Landslides Wildfires

12 CATASTROPHIC FAILURE Sudden or complete failure of highway Disastrous impact on transportation Cause must be external Barge striking pier Truck crash and fire

13 ER funds are intended for: Restoring Fed-Aid Roads to pre-disaster conditions Replacement-in-kind Can design to current standards Can design a replacement bridge for current traffic projections Providing the State with Additional $$$ (above and beyond annual allotment) to alleviate the burden

14 ER funds are Not intended for: Covering all repairs Constructing new roads Improving roads Heavy Maintenance

15 Emergency Relief Application Process

16 Funding the Program $100 million set-aside from the Highway Trust Fund for nationwide coverage in any single year $100 Million per Event per State Higher Cap w/special Legislation Minimum $700,000 in damages per event and $5,000 per site

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18 APPLICATION PROCESS 1. Governors Proclamation or President s Declaration 2. Letter of Intent by the State 3. FHWA Acknowledgement 4. FHWA Eligibility Finding by the AZ Division

19 Traditional Method Detailed Site Investigations Detailed Damage Inspection Report (DDIR) State Requests ER Funds Damage Survey Summary Report 19

20 Quick Release 1-2 Days for finding Prepare Damage Survey Summary Report (DSSR) Reserved for disasters where extensive damage is readily evident (obviously eligible) DDIR s are completed ASAP for site eligibility and a program of projects approved

21 Damage Survey Summary Report Prepared by ADOT and submitted to FHWA AZ Division Office for eligibility determination by the Division Administrator Content furnished by ADOT: Description of damage and approximate cost for each County Description of the limits and destruction w/dates of occurrence Pictures one photo of each site w/maps

22 Emergency Relief Emergency Repairs (ER) vs. Permanent Repairs (PR)

23 Two Categories of Repair 1. Emergency Repairs Restore essential traffic, minimize the extent of damage, or protect the remaining facilities Eligible at 100% within 180 days Eligible at normal pro-rata share beyond 180 days Important to get started quickly! 2. Permanent Repairs Restore highway to pre-disaster conditions Eligible at normal pro rata share at 94.30% or 94.34% (even within 180 days)

24 Betterments Added protective features Changes which modify highway function or character Betterments are generally not eligible May be eligible if economically justified as beneficial to the ER program

25 Activities Not Requiring Prior FHWA Authorization Emergency Repairs (ER) PE and/or Construction as properly documented Temporary operations Incidental Permanent Restoration (PR) Requires FHWA prior approval and is NOT reimbursable at 100% but at pro-rata share

26 Activities Requiring Prior FHWA Authorization Permanent Restoration (PR) Normal Federal-aid procedures Preliminary and Construction Engineering & R-O-W Environmental Clearance (NEPA) Time Extensions

27 Emergency Relief Eligibility

28 Non Federal-aid Highways NO Local Roads NO Rural Minor Collectors Use Functional Classification Maps

29 Eligibility Limits Event damage greater than $700,000 Site damage greater than $5,000 Debris, Signs, and Signals Individual locations might not reach $5,000 by themselves Sometimes combined on an area-wide basis Subject to approval of the FHWA Area engineer

30 Eligible Items Engineering and Right-of-Way CEI and inspection services Detours Traffic damage* Overlays Raising grades Slides Some work on active construction projects Toll facilities Railroad crossings

31 Eligible Items cont. Traffic control devices Landscaping Roadside appurtenances Timber and debris removal Transportation System Management Strategies Features resulting from the NEPA process Outside of highway R-O-W* Administrative expenses Labor and equipment Service patrols and police performing traffic control activities

32 Debris Collection Definitions First Push Initial effort to clear roadway includes cut & toss operations to push debris out of traveled way First Pass Initial effort to collect debris pushed aside during first push operations All debris (vegetative & non-vegetative) must be collected at same time as first pass operation Must be within debris clearing limits

33 Debris Clearing Limits Traveled way Cut and fill slopes Clear zone As required for functioning of drainage ditches and structures

34 Ineligible Items Pre-existing conditions (i.e. bridge scour) Heavy maintenance Traffic Damage* Frost Heaving Applicant Owned Material Erosion Damage Prior Scheduled Work Betterments Maintenance and administration Inmate labor National Guard

35 Ineligible Items cont. Mine/underground subsidence Snow and/or ice removal Emergency/medical transportation services Mitigation/preventive work prior to disaster Catastrophic failure from internal cause Radiological contamination Transit operation and maintenance costs Minor pavement damage Pre-existing conditions

36 What is heavy maintenance? Includes but not limited to: Minor damage to eroded shoulders Filled ditches and culverts Pavement settlement Mud and minor debris deposits Slope sloughing Slip-outs in cut or fill slopes

37 Heavy Maintenance

38 Emergency Relief Detailed Damage Inspection Report (DDIR)

39 Decision Steps for DDIR 1. Damage due from event 2. Maintenance 3. Heavy Maintenance 4. Pre-existing condition 5. Damage on FHWA eligible route 6. Damage meets FHWA dollar threshold $5,000 or greater per site

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41 Detailed Damage Inspection Report What it IS: In most cases, one is written per site It is a preliminary cost estimate It is a determination of eligibility It is a brief description of the scope of work It is used to support our request to HQ for Emergency Relief funding

42 Detailed Damage Inspection Report What it is NOT: It is not a contracting mechanism Is never to be used to indicate actual scope, quantities, or prices to the contractor It is not a NEPA determination or approval It is not authorization to begin Permanent Restoration work

43 Phases of the DDIR Two Phases 1. Initial DDIR Used to establish estimates and eligibility Major items of work required 2. Revised DDIR Costs increase or decrease from initial estimates Need information to justify the increases Upon receipt of adequate backup Cost increase approved FMIS authorization signed

44 DDIR Team Members FHWA/State Team Leader State and/or Local Agency Representatives FEMA and/or NEMA Representatives Specialists: Geotech Hydrologist Biologist Cultural Specialist Structures R-O-W Specialist Environmental Generalist

45 Damage Assessment Estimate only Provides a basis for allocation of funds Actual cost will be reimbursed Prior Approval for Revised DDIR

46 Emergency Relief Special Circumstances

47 FHWA NEPA PROCESS Add in NEPA bubble slide COMMUNITY IMPACTS SEC. 104 (h) WETLANDS ENDANGERED SPECIES SAFETY ALL APPLICABLE FEDERAL LAWS FLEXIBLE DESIGN STATE & LOCAL LAW FHWA NEPA PROCESS AIR QUALITY NOISE PARKLANDS TRANSPORTATION ENHANCEMENTS TRADITIONAL CULTURAL PROPERTIES ENVIRONMENTAL JUSTICE CIVIL RIGHTS HISTORIC

48 FHWA NEPA PROCESS ER program must comply w/nepa ROW acquisition (temp/perm) must follow the Uniform Act ER: Categorical Exclusion (CE) w/coordination PR: Typically Categorical Exclusion w/exceptions Betterments Bridge Work Any impacts affecting resources

49 Administrative Expenses Eligible Regular and Extra Employees Payroll Additives Non-Eligible General Administration Maintenance Supervisor or Other Overhead

50 Detours Officially Designated by Highway Official Could Apply to non- Federal-aid highway Pre-disaster Survey of route Restore to Pre-disaster Condition

51 Traffic Damage In general, ineligible for ER Funds Three exceptions: Any public roads, responding vehicles making repairs Any public roads, officially designated detour Any Federal-aid highway, vehicles responding to a disaster

52 Outside of R-O-W In general, ineligible for ER Funding Must meet four criteria: Directly related to protection of highway Not eligible for funds from another agency No other agency has responsibility Applicant agrees to accept future maintenance

53 Contract Requirements All Fed-Aid rules apply to contracts (ER & PR) Advertisement period Innovative Contracting Methods Davis-Bacon Labor Rates Disadvantaged Business Enterprises (DBE) Americans with Disabilities Act (ADA) Buy America (steel) NO convict labor Design Standards Environmental NEPA Issues/Process

54 Emergency Relief Examples of Damage

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67 What to Remember Time is of the Essence - Urgency Good documentation is crucial Early and Ongoing Communication If you don t know, ask.

68 ER Contact Information Ammon Heier Federal Highway Administration (FHWA) 602/ Marwan Aouad ADOT, Central Maintenance 602/ / (Cell) Wendy Smith-Reeve Arizona Division of Emergency Management (ADEM) 602/

69 Questions?