Stormwater Management
Develop Temporary Erosion Control Contract Innovations
Potential Product Summary Sheet
Goal/Objective
The goal of this work is to structure construction contracts so that the contractor has more incentive
and accountability for temporary erosion control work. Implementation of more efficient and
environmentally effective temporary erosion and sediment control methods will result in a decrease
in environmental impacts and construction costs.
Benefits include:
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Better planning of construction work, i.e., minimizing soil exposure, and using grading
operations that minimize erosion off the site will reduce the need for temporary erosion
control.
Improving the performance of temporary erosion controls, when necessary, will lessen
environmental impacts.
Description
This document outlines a plan to produce improved temporary erosion control contracts, based on
research, test projects and identification of best practices.
Temporary erosion control contracts are currently structured in such a way that a contractor does
not have incentive to be efficient. In some cases, the contractor gets paid for being inefficient. An
example is a poorly maintained “stabilized construction entrance” resulting in debris on the
adjacent public roadway. The contractor gets paid for the entrance stabilization and subsequent
street sweeping, which can be a substantial expense on some projects
In addition, an enormous burden is being placed on the owner, Mn/DOT, to make certain that the
contractors are complying with the NPDES Permit. This results in Mn/DOT inspectors spending
large amounts of time micro-managing this aspect of the project (which takes away from their
available time to spend on other project aspects).
The result of this work will be:
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Improved Special Provisions in the Construction Standard Specifications
Partnering with Contractor
Contractor will have incentive to be efficient
Temporary erosion control measures include rapid stabilization methods, silt fence, street
sweeping, watering, rock/mulch entrances/exits, etc.
This is a list of some of the contract innovations:

Have pre-determined or set unit prices that are paid to the Contractor for "temporary"
erosion control/stabilization measures. These unit prices paid to the Contractor should
reflect half of the cost of the item (ex., if the avg. unit price of erosion control blanket is
$1.30/SY, then we should set the unit price to $0.65/SY). In this way Mn/DOT and the
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contractor “split costs” for temporary erosion control. This will give the contractor
incentive to plan their work as to minimize erosion (thus requiring less temporary control
measures).
Give the Engineer the authority to penalize the Contractor if they are not in compliance
with the NPDES Permit. Try a dollar amount of $1,000 per instance. No written work order
will be needed prior to penalizing the Contractor.
Lump sums for small projects
Users Contractors, Field Offices, District Offices, Designers, Planners
Steps
1.
2.
3.
4.
5.
Develop special provisions
Select pilot project
Apply new special provions to pilot project
Analyze outcome
Add special provisions to standard specifications
Questions
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Will one pilot project be enough to do a good evaluation?
Can we incorporate the research project results directly into this analysis?
Should there be several pilot projects in different districts to cover a variety of construction
project types and differences between district operations?
There will need to be a step for decision-making after the analysis is done. Is there a group
already in-place that has authority for adding special provisions to standard specifications?
Sources (Research and Mn/DOT Experts)

2006-09 Performance Effectiveness of Design-Build, Lane Rental, and A + B Contracting
Techniques

2005-34 Best Practices for Project Construction Streamlining

1999-37 Use of Design/Build & Warranties In Highway Construction - Guidelines for Program
Implementation
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TH 23 project through Spicer SP 3408-14 (Used Erosion Control Contract Innovations and
fines)
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The I-35E/I-694 Interchange Reconstruction Project (Unweave the Weave) is using a variation
of a lump sum for erosion control work.
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The Highway Highway 36 Reconstruction is using a variation of a lump sum for erosion
control work.
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Meetings and Correspondance:
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Steve Kordosky, Resident Engineer for Construction Office, Oakdale
Thomas R Krier, Project Manager, Project Supervisor
Garret Hendrickson, Transportation Specialist, Construction Inspector
Kevin Hagness, PE, Project Engineer
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