FEDERAL-AID POLICY GUIDE
December 9, 1991, Transmittal 1

NS 23 CFR 650B
Attachment 2

OPI: HNG-31

GUIDE CONTRACT PROVISIONS FOR TEMPORARY SOIL EROSION AND SEDIMENT CONTROL

This work shall consist of temporary and permanent control measures as shown on the plans or ordered by the Engineer during the life of the contract to control erosion and sedimentation through use of beams, dikes, dams, sediment basins, fiber mats, netting, gravel, mulches, grasses, slope drains, and other control devices or methods.

Temporary erosion and sediment control provisions shall be coordinated with the permanent control features to the extent practical to assure economical, effective and continuous control throughout the construction and post-construction period.

1. Mulches may be hay, straw, fiber mats, netting, wood cellulose corn or tobacco stalks, bark, corn cobs, wood chips, or other suitable material acceptable to the Engineer and shall be reasonably clean and free of noxious weeds and deleterious materials.

2. Slope drains may be constructed of pipe, fiber mats, rubble, portland cement concrete, bituminous concrete, plastic sheets, or other material acceptable to the Engineer that will adequately control erosion and sediment transport.

3. Grasses used for temporary erosion control shall be a quick growing species (such as rye grass, Italian rye grass, or cereal grasses) suitable to the area providing a temporarycover which will not later compete with the grasses sown for permanent cover.

4. Fertilizer and soil conditioners shall be as specified in the contract documents.

5. Others as specified by the Engineer.

At the preconstruction conference or prior to the start of the applicable construction, the contractor shall submit for acceptance his written schedules for accomplishment of temporary and permanent erosion and sediment control work, as are applicable for clearing and grubbing; grading; bridges and other structures at watercourses; construction; and paving. He shall also submit for acceptance his proposed method of erosion and sediment control on haul roads and borrow pits and his plan for disposal of waste materials, both in written form. No work shall be started until the control schedules and methods of operations have been accepted by the Engineer.

The Engineer has the authority to limit the surface area of erodible earth material exposed by clearing and grubbing, the surface area of erodible earth material exposed by excavation, borrow and fill operations and to direct the contractor to provide immediate permanent or temporary control measures to prevent contamination of adjacent streams or other watercourses, lakes, ponds, or other areas of water impoundment, or damaging erosion or sediment deposits on neighboring lands. Such work may involve the construction of interim beams, dikes, dams, sediment basins, slope drains, and use of interim mulches, mats, seeding or other control devices or methods as necessary to control erosion and sedimentation. Fills and cut slopes shall be seeded and mulched as the excavation proceeds to the extent considered desirable and practicable. In some instance, incremental heights of slopes for sequential seeding and mulching will be specified.

The contractor will be required to incorporate all permanent erosion and sediment control features into the project at the earliest practicable time as outlined in his accepted schedule. Temporary erosion and sediment control measures will be used to correct conditions that develop during construction that were not foreseen during the design stage; that are needed prior to installation of permanent control features; or that are needed temporarily to control erosion or sedimentation that develops during normal construction practices, but are not associated with permanent control features on the project.

Where erosion is likely to be a problem, clearing and grubbing operations should be so scheduled and performed that grading operations and permanent erosion and sediment control features can follow immediately thereafter if the project conditions permit; otherwise temporary control measures may be required betweensuccessive construction stages. Under no conditions shall the surface area of erodible earth material exposed at one time by clearing and grubbing, exceed 750,000 square feet (70,000 m²) without approval by the Engineer. The limitation will apply to clearing only operations unless exempted by the Engineer.

The Engineer will limit the area of excavation, borrow and embankment operations in progress commensurate with the contractor's capability and progress in keeping the finish grading, mulching, seeding, and other such permanent erosion and sediment control measures current in accordance with the accepted schedule. Should seasonal limitations make such coordination unrealistic, temporary control measures shall be taken immediately to the extent feasible and justified.

Under no conditions shall the amount of surface area of erodible earth material exposed at one time by excavation, borrow or fill within the right-of-way exceed 750,000 square feet (70,000 m²) without prior approval by the Engineer. This is in addition to the limitation on clearing and grubbing previously set forth.

The Engineer may increase or decrease the amount of surface area of erodible earth material to be exposed at one time by clearing and grubbing, excavation, borrow and fill operations as determined by his analysis of project conditions. The roadbed area will be included in the surface area limitations if site conditions are judged to be unfavorable by the Engineer.

Erosion and sediment-control measures may be required on construction work outside the right-of-way where such work is necessary as a result of roadway construction. Included are borrow pit operations, haul roads and equipment storage sites.

The erosion and sediment control features installed by the contractor shall be acceptably maintained by the contractor until acceptance by the contracting agency.

In the event of conflict between these requirements and laws, rules, or regulations of other Federal or State or local agencies, the more restrictive laws, rules, or regulations shall apply.

Temporary erosion and sediment control Bid items shall be measured as specified elsewhere in the contract documents.

Units of work shall be paid for at the contract price. Should the work not be comparable to the project work under the applicable contract items, the contractor shall be ordered to perform the work on a force account basis, or by agreed unit prices.

In the event that temporary erosion and sediment control measures are required due to the contractor's negligence, carelessness, or failure to install permanent controls as a part of the work as scheduled, and such additional measures are ordered by the Engineer, the work shall be performed by the contractor at his own expense. Temporary erosion and sediment control work required, which is not attributed to the contractor's negligence, carelessness or failure to install permanent controls, will be performed as ordered by the Engineer.

Repeated failures by the contractor to control erosion, pollution, and/or siltation, shall be cause for the Engineer to employ outside assistance or to use his own forces to provide the necessary corrective measures. Such incurred direct costs plus project engineering costs will be charged to the contractor and appropriate deductions made from the contractor's monthly progress estimate.

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