- Number
- 102
- Due Date
- Oct 8, 2026
- Letting
- October 8, 2026
- Project
- GARRYOWEN - SOUTH
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 1 –
Backsfed.082726
STATE OF MONTANA
DEPARTMENT OF TRANSPORTATION
BID PACKAGE
Sealed bids for construction of this project will be received by the Montana Department of
Transportation, Construction Contracting Section, Room 101, 2701 Prospect, Helena, Montana
until 9:00 a.m. on October 8, 2026. All bids will then be publicly opened, reviewed for
correctness, and then publicly read.
Federal Aid Project(s):
IM 90-9(141)517 Garryowen – South
Bid proposals, Plans, Standard Specifications, Detail Drawings, and Standard Contract Forms
are on file for examination and may be obtained from the Construction Contracting Bureau of
the Montana Department of Transportation, 2701 Prospect Avenue, P.O. Box 201001, Helena,
Montana 59620-1001.
Prime bidders use the Electronic Bid System or bid on-line through Bid Express to produce a bid
containing Proposal Forms, Schedule of Items, and Disadvantaged Business Enterprises (DBE)
Requirements (if applicable).
MONTANA DEPARTMENT OF TRANSPORTATION
Loran Frazier, Chairperson
Montana Transportation Commission
Christopher Dorrington
Director of Transportation
Contract No.10R26
HB:ST:10066000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 10R26
PROJECT: IM 90-9(141)517 10066141000 GARRYOWEN - SOUTH
SECTION: 0001 - MILL, OVERLAY, CROSSOVER, GUARDRAIL
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 103500005 ESCROW OF BID DOCUMENTS LS 1.00
0020 104030010 MISCELLANEOUS WORK UNIT 50,000.00
0030 108000010 STRUCTURE ANALYSIS LS 1.00
0040 109200005 MOBILIZATION LS 1.00
0050 202020058 REMOVE GUARD ANGLE LNFT 636.10
0060 203020100 EXCAVATION-UNCLASSIFIED CUYD 217.00
0070 203020278 EXCAVATION-DIGOUTS CUYD 7,765.00
0080 203020310 SPECIAL BORROW-NEAT LINE CUYD 4,954.00
0090 208010000 BMP ADMINISTRATION-LS LS 1.00
0100 208010005 PAR BMP ADMINISTRATION-LS LS 1.00
0110 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0120 210020000 GRADER-MOTOR HOUR 2.00
0130 210020170 TEST TRAILER-TRANSPORT,SETUP MILE 155.00
0140 301020340 CRUSHED AGGREGATE COURSE CUYD 3,240.00
0150 401020045 PLANT MIX SURF-3/4 IN TON 32,836.00
0160 401020046 PLANT MIX BIT SURF-MISC TON 423.00
0170 401020300 HYDRATED LIME TON 466.00
0180 402020192 ASPHALT BINDER PG 58V-34 TON 1,729.40
0190 402020315 EMULSIFIED ASPHALT-TACK COAT GAL 11,884.00
0200 402020375 EMULSIFIED ASPHALT CHFRS-2P TON 582.70
0210 403010255 CRACK SEALING LB 8,406.00
0220 403010257 CRACK FILLING-MASTIC LB 76,292.00
0230 409000000 FINAL SWEEP AND BROOM CRMI 14.80
0240 409000020 COVER-TYPE 2 SQYD 327,823.00
0250 411010000 COLD MILLING SQYD 219,690.00
0260 411011135 RUMBLE STRIPS MILE 1.35
0270 552010160 BRIDGE DECK CRACK SEAL SQYD 3,617.60
0280 557010505 REVISE BRIDGE RAIL-THRIE BEAM LNFT 319.00
0290 562000020 CLASS A BRIDGE DECK REPAIR SQYD 7.10
0300 562000030 CLASS B BRIDGE DECK REPAIR SQYD 5.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 3 –
SECTION: 0001 - MILL, OVERLAY, CROSSOVER, GUARDRAIL
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0310 605000045 REVISE CONC BARRIER RAIL END-BR EACH 28.00
0320 606010020 GUARDRAIL-TEMPORARY LNFT 500.00
0330 606010021 TEMP GD RAIL-STL/BR APPR-TY 1 EACH 4.00
0340 606010022 TEMP GD RAIL-STL/BR APPR-TY 3 EACH 2.00
0350 606010024 TEMP OPTIONAL TERM SECT EACH 10.00
0360 606010140 GUARDRAIL END SECTION WIDENING EACH 40.00
0370 606010330 MGS GUARDRAIL LNFT 10,768.00
0380 606010335 MASH W-BEAM TERMINAL SECTION EACH 40.00
0390 606010342 MASH THRIE BEAM BR APPRCH SECTION EACH 32.00
0400 606010385 REMOVE GUARDRAIL LNFT 11,930.00
0410 610100559 REVEGETATION LS 1.00
0420 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0430 618030080 TRAFFIC CONTROL-LS LS 1.00
0440 618030180 TRAFFIC CONTROL-CROSSOVER EACH 4.00
0450 618030190 TRAFFIC CONTROL-TWO WAY TRAF MILE 15.20
0460 618030215 WIDE LOAD MARSHALLING LS 1.00
0470 618030260 CROSSOVER-CONST, MAINTAIN, CLOSE EACH 1.00
0480 618030280 CROSSOVER RECLAMATION EACH 1.00
0490 618030300 CROSSOVER-MAINTAIN, CLOSE EACH 1.00
0500 618100000 SINGLE USE SIGNS SQFT 188.00
0510 619010062 SIGNS-ALUM SHEET INCR XI SQFT 63.00
0520 619010090 SIGNS-ALUM REFL SHEET XI SQFT 192.00
0530 619010230 REMOVE SIGN EACH 19.00
0540 619010310 POSTS-STEEL U SIGN LB 476.00
0550 619010450 POLES-TREATED WOOD 4 IN EACH 5.00
0560 619010800 PANEL DELINEATOR DESIGN A EACH 33.00
0570 619010830 PANEL DELINEATOR DESIGN H EACH 33.00
0580 619011090 DELINEATOR TYPE 1 EACH 500.00
0590 620013000 STRIPING-WHITE PAINT GAL 334.00
0600 620013960 STRIPING-WHITE EPOXY GAL 445.00
0610 620014000 STRIPING-YELLOW PAINT GAL 267.00
0620 620014960 STRIPING-YELLOW EPOXY GAL 356.00
0630 622011084 GEOTEXTILE STABILIZATION SQYD 6,278.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 4 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) IM 90-9(141)517
1. PROJECT DESCRIPTION [102] ..........................................................................................6
2. CONTRACT TIME – FLEX TIME PROCEED DATE [108] (REVISED 1-21-16) ................... 6
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26) ........................................................ 7
4. MANDATORY PRE-BID CONFERENCE (TRIBAL) (REVISED 11-19-20) ........................... 7
5. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26).......................... 8
6. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25) .................. 8
7. ESCROW OF BID DOCUMENTS [103] (REVISED 4-28-22) ............................................... 8
8. PARTNERING [105] (ADDED 1-11-24 M)............................................................................ 8
9. STEEL PRICE ADJUSTMENT [106] (REVISED 11-13-25) .................................................. 8
10. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ......................... 8
11. INDIAN RESERVATION WORK [107] (REVISED 8-11-22 M) ........................................ 10
12. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M) ................................... 11
13. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23) ............ 11
14. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M).............................. 12
15. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ........................................................... 12
16. ENVIRONMENTAL SPECIFICATIONS [208] (ADDED 9-9-21M) ................................... 12
17. PROTECTION OF AQUATIC RESOURCES .................................................................. 12
18. STORM WATER PERMITTING REQUIREMENTS UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) [208] (REVISED 8-31-23)
.......................................................................................................................................13
19. RIDE SPECIFICATION CATEGORY (SINGLE) [401] (REVISED 03-19-26) .................. 16
20. ELECTRONIC TICKETING – PMS [401] (REVISED 4-09-26) ........................................ 16
21. MASTIC [403] (ADDED 6-25-26) .................................................................................... 16
22. SALVAGE GUARDRAIL ITEMS ..................................................................................... 16
23. PAVE EXISTING U-TURN MEDIAN OPENING ............................................................. 17
24. CONSTRUCT NEW U-TURN MEDIAN OPENING ......................................................... 17
25. UTILIZATION OF COLD MILLINGS ............................................................................... 17
26. COLD MILLING ..............................................................................................................18
27. ADHESIVE ANCHOR SYSTEM ..................................................................................... 18
28. CONCRETE - CLASS STRUCTURE LOW SLUMP ....................................................... 18
29. CROSSOVER TRAFFIC CONTROL [618] (REVISED 12-4-25 M) ................................. 19
30. RSFO REMOVAL [619] (ADDED 8-06-2026) ................................................................. 20
31. WIDE LOAD AND SUPERLOAD ACCOMMODATION [618] (REVISED 12-7-23) .......... 20
32. REVEGETATION ........................................................................................................... 21ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 5 –
SECTION II SECTION III
Nondiscrimination Notice (Tribal) Standard Provisions & Requirements
Permit Maps
MOU
PSAADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 6 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). IM 90-9(141)517
(REVISED 6-25-26)
The following special provisions are hereby made part of the contract and supplement
and/or supersede any sections of the Standard Specifications of Road and Bridge Construction,
adopted by the Montana Department of Transportation and the Montana Transportation
Commission and all supplements thereto in conflict therewith.
The following documents are hereby incorporated by reference into this contract:
• “Question and Answer Forum”: Question and Answer Forum
• “Standard Specifications for Road and Bridge construction”:
Standard Specifications June 2026
• The most recent version of the Detailed Drawings: Detailed Drawings
• Materials Manual of Test Procedures: Materials Manual June 25, 2026
The latest version of the Standard Specifications, Biannual updates, and revision
summaries can be found at the following website: Standard Specifications
The Question-and-Answer Forum opens at 5:00 p.m. on the bid letting advertisement
date and closes at 8:00 a.m. on the Monday before the bid letting. If Monday is a state holiday,
the forum will close on Friday before the bid letting at 3:00 p.m. Answers provided by the
Department to the questions, clarifications, and notifications can be posted up to 5:00 p.m. on
the day before the letting.
The U.S. Department of Transportation (DOT) operates a toll-free number at
1-800-424-9071, 24 hours a day – 7 days a week. Anyone with knowledge of possible bid
rigging, bidder collusion, or other fraudulent activities should use this number to report such
activities. All information will be treated confidentially, and callers may remain anonymous.
The Department attempts to provide reasonable accommodations for any known
disability that may interfere with a person participating in any service, program, or activity of the
Department. Alternate accessible formats of this document will be provided upon request. If
reasonable accommodation is needed to participate in Department bid lettings, call the Civil
Rights Bureau at 444-6331 or TTY 406-444-7696 [TTY 1-800-335-7592 (toll free)].
1. PROJECT DESCRIPTION [102]
Construct new crossover, mill & fill the existing travel lanes, digouts, crack sealing, full
width seal & cover, guardrail, signing updates, class A/B bridge deck repair, bridge deck crack
seal, and revised bridge rail on the Garryowen – South project located in Big Horn County. The
project is located along I-90 beginning at R.P. 516.6 and extends approximately 7.4 miles east
to the existing median crossover at RP 524.0. The project is entirely within the Crow
Reservation.
2. CONTRACT TIME – FLEX TIME PROCEED DATE [108] (REVISED 1-21-16)
A. General. This provision modifies Subsection 108.02 of the Specifications.
B. Notice to Proceed. The notice to proceed will be issued with an effective date of
June 1, 2027. The Contractor may change the notice to proceed date to an earlier date if
written notification is received at least ten calendar days in advance of the date selected and the
selected date is approved by the Project Manager. Include an updated schedule with the
notification.
C. Contract Time. Contract time assessment will begin on the notice to proceed
date issued by the Department or as changed by the Contractor, whichever is earlier. Work is
to be completed in 75 working days.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 7 –
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26)
The following documents are now available within the Contractors Reference Material on
the Department’s Contracting and Bidding webpage
https://www.mdt.mt.gov/business/contracting/ :
1) Table of Contractor’s Submittals. (Revised 1-15-26)
2) Traffic Control Rate Schedule (Revised 3-9-23)
3) Erosion Control Rates (Revised 1-09-25)
4. MANDATORY PRE-BID CONFERENCE (TRIBAL) (REVISED 11-19-20)
A pre-bid conference will be held at the following time and location:
Thursday, September 24, 2026 at 9:00am,
Montana Department of Transportation
Billings District Conference Room
424 Morey St
Billings, MT 59101
406-252-4138
Join Zoom Meeting
https://mt-gov.zoom.us/j/4065401202?pwd=d1VJWW9vZXpyVWVTTVdQVDlkWklVdz09
Meeting ID: 406 540 1202
Passcode: 5401202
Dial by Telephone
+1 646 558 8656
Meeting ID: 406 540 1202
Passcode: 5401202
Find your local number: https://mt-gov.zoom.us/u/aec1u5BJ9V
Join by SIP
mdtcnfvmr202@mt.gov
Join by H.323 (Polycom)
162.255.37.11##4065401202#5401202
Join by Skype for Business
https://mt-gov.zoom.us/skype/4065401202
The pre-bid conference will have a formal sign-in process that will become the official
record of attendance for the purposes of determining eligible bidders.
Attendance at this conference is mandatory for any Contractor to submit a bid as a prime
bidder. Contractors who bid as a prime bidder on this project must have at least one full time,
permanent employee present. No proxy representatives, such as subcontractors or
consultants, meet this requirement. In the event a prime bidder tenders a bid but did not attend
the pre-bid conference, the bid will be non-responsive.
Representatives of the Department will be present to describe the project and answer
questions. Representatives of the Crow Tribe will be invited to the pre-bid conference. The pre-
bid conference is for information only. The Department is not bound by any statement or
representation concerning conditions or description of the work given by Department employees
or agents and the pre-bid conference. The answers to any questions raised are non-binding oral
explanations or instructions and relying on them is solely at the Bidder’s risk. Any issues raised
at the pre-bid conference must be posted on the Question and Answer Forum to be consideredADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 8 –
an enforceable provision of the contract to be let. The pre-bid attendee list and contract
document clarifications or modifications considered necessary by the Department will be posted
to the Question and Answer Forum.
5. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26)
Executive Orders 13658 and 13706 do not apply to this contract. Pay the minimum wage
rates contained elsewhere in the bid package and comply with the required contract provisions
contained in the form FHWA 1273 included with this contract. To obtain more information,
contact the Department’s Construction Engineering Services Bureau at 2701 Prospect, Helena,
MT (406)475-2258, (800)335-7592 (TTY) or (406)444-7297 (Fax).
Ensure bulletin board requirements contained in the FHWA Form 1273 are met. Please
see the following webpage for required bulletin board materials:
Bulletin Board Materials & Requirements
6. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25)
No later than 7 calendar days after the date of bid-opening (the date of bid opening to
count as the first full day), submit to ECCS form MDT-CON-106-02-3 in accordance with
Subsection 103.11.
7. ESCROW OF BID DOCUMENTS [103] (REVISED 4-28-22)
Escrow of bid documents under 103.09 is required for this contract.
8. PARTNERING [105] (ADDED 1-11-24 M)
In accordance with Subsection 105.05.1, this contract requires Level (II) facilitation.
9. STEEL PRICE ADJUSTMENT [106] (REVISED 11-13-25)
In accordance with Subsection 106.09.1, the base price per pound of steel for this
contract is: $1.15.
10. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25)
A. Steel and Iron Materials. Furnish iron and steel materials in accordance with
subsection 106.09. A manufactured product consisting primarily of steel and iron as defined in
23 CFR 635.410 is accepted under subsection 106.09.
B. Construction Materials. Furnish construction materials manufactured in the
United States. Construction materials include articles, materials, or supplies that are or consist
primarily of:
• Non-ferrous metals.
• Plastic and polymer-based products (including polyvinylchloride, composite
building materials, and polymers used in fiber optic cables).
• Glass (including optic glass).
• Fiber optic cable (including drop cable).
• Optical fiber.
• Lumber.
• Drywall, and
• Engineered wood.
Construction materials exclude cement and cementitious materials, aggregates including
stone, sand, or gravel, or aggregate binding agents (e.g., asphalt binder) or additives (e.g.,
polymer modifiers and admixtures).
Manufacturing processes for the construction material must occur in the United States.
Manufacturing processes for each of the bulleted construction materials above are defined in
2 CFR 184.6 and are summarized below.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 9 –
a) Non-ferrous metals: Initial smelting or melting through final shaping, coating, and
assembly.
b) Plastics: Initial combination of plastic, polymer based, or composite materials
until item is in its final form.
c) Glass: Initial batching and melting, annealing, cooling, and cutting.
d) Fiber Optic Cable: Initial ribboning, buffering, and fiber stranding and jacketing.
e) Optical Fiber: Initial preform fabrication through completion of draw.
f) Lumber: Initial debarking, treatment, and planing.
g) Drywall: Initial blending of gypsum, cutting, and drying of sandwiched panels.
h) Engineered Wood: Initial combination of constituents until item is in its final form.
C. Manufactured Products. Furnish manufactured products as defined in 2 CFR
184.3 that meet the requirements of 23 CFR 635.410. Beginning with the letting of November
13, 2025, the final fabrication of all manufactured products must occur in the United States.
Beginning with the November 12, 2026 bid letting, the product must be manufactured in the
United States and the cost of the components of the manufactured product that are mined,
produced or manufactured in the United States must be greater than 55% of the total cost of all
components of the manufactured product.
With respect to precast concrete products that are classified as manufactured products,
ensure the components of precast concrete products that consist wholly or predominantly of iron
or steel or a combination of both meet the requirements of subsection 106.09.
D. General. Domestic materials preference applies to articles, materials, and
supplies that are consumed in, incorporated into, or affixed to a project. It does not apply to
tools, equipment, and supplies brought to the construction site and removed at or before the
completion of the project (e.g., temporary aluminum scaffolding). Buy America preference does
not apply to equipment and furnishings that are used at or within the finished infrastructure
project but are not permanently affixed to the structure (e.g., movable chairs, desks, or
computer equipment used at or within the project but are not integral or permanently affixed to a
structure).
Refer to the decision tree in Section 3.5 of MT 601 to aid in appropriately categorizing
specific materials.
Submit Form MDT-MAT-407 “Manufacturer’s Certificate of Compliance” for every
material identified as a construction material or manufactured product. Do not incorporate
materials covered by Form MDT-MAT-407 into the project until all required documentation is
submitted to the Department. Ensure suppliers and manufacturers understand the domestic
material and contract requirements to supply the required materials and associated
documentation.
The Department will not accept items installed until all supporting documentation has
been reviewed and is found to be in accordance with the contract requirements. Insufficient or
unavailable documentation or documentation showing products containing construction
materials of foreign origin are grounds for removal and replacement at the contractor’s expense.
The Department has designated contract materials as either “construction materials” or
“manufactured products” by their respective 9-digit material codes in section MT 601 of the
Montana Materials Manual. The Department recognizes there will be situations where a product
or material may not fit the designation indicated in section MT 601. In these cases, submit
documentation demonstrating or justifying the supplier or manufacturer’s position that their
specific item has been misclassified to the Project Manager at least 10 business days in
advance of installation. The Department, in conjunction with FHWA, will review the submitted
documentation and decide as to how that specific product or material will be classified. These
determinations will be final, and the appropriate documentation as defined above is required.
The Department further recognizes there will be situations when a product or material
may not be addressed in MT 601. In these cases, submit certification of the material’s domestic
origin appropriate for the material classification to the Project Manager prior to installation.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 10 –
The US DOT has found that it is in the public interest to issue a waiver of domestic
preferences in certain situations. For construction materials and manufactured products, the
domestic preference may be waived if the total value of non-compliant material is under
$1,000,000 or 5% of the total applicable project costs, whichever is less. Submit actual
individual material costs, minus manufacturing costs outside the defined manufacturing
processes outlined above, along with justification in the form of invoices, bills of lading, or other
appropriate documents to the Department if requesting the waiver.
The above waiver does not apply to iron and steel, the existing de minimis standard for
iron and steel under subsection 106.09 continues to apply.
A project with a total contract value of $500,000 or less is exempt from all domestic
preference regulations including steel and iron.
11. INDIAN RESERVATION WORK [107] (REVISED 8-11-22 M)
Because all or part of this project is located within the external boundaries of an Indian
Reservation, the following requirements apply:
1) Read, fully understand, and agree to the provisions here included.
2) Inquire with the designated Tribal official and become familiar with the Tribal
requirements, written or not, for work on the Reservation, and submit bid with full knowledge,
understanding and acceptance of them. Understand and accept that:
a) the Tribal laws, ordinances, regulations, and requirements have been established
by the Tribe as a sovereign entity on the Reservation.
b) The Department has no authority or ability to affect those requirements, and
c) Neither the Tribal government nor any Tribal official or employee is acting in any
way as an agent of the Department or the Transportation Commission. The Department and
Commission have no control over the actions, inaction, requirements or comments of any Tribal
government or employee, and are not bound by them.
3) If Tribal requirements will in any way increase the costs of performing the project,
consider those and include all increased costs in bid prices.
4) Ensure that all proposed subcontractors are also fully aware of the Tribal
requirements and accepted them when they gave quotes.
5) Understand and agree that employees, and all subcontractors and their
employees, are responsible to the Tribe to adhere to and abide by all Tribal laws, ordinances
and regulations on work performed on the Reservation, specifically including all Indian hiring
and contract fee requirements.
6) Dealings with the Tribe and its requirements, other than those related to the
Clean Water Act, aquatic resources permitting, and/or cultural resources, are solely between the
Contractor and the Tribe, and must be addressed in the appropriate forum between them alone.
7) By submitting a bid, agree to defend, protect, indemnify, and save harmless the
Department and State from any cost or delay caused or allegedly caused by or due to the failure
of bidder or any subcontractor to fully comply with Tribal law, ordinance or regulation, or by
claimed interference by the Tribe. Claims from such failure or claimed interference will not be
considered extra work or compensable delay, but actual, documented and verified interference
by Tribal government may be grounds for a contract time extension. Understand that any
requests must fully comply with the Contract's claims procedure.
8) By submitting a bid, do so with full understanding and acceptance of all
provisions of the Bid Package.
9) For bidder inquiries to the Tribe, or for more information about Tribal
requirements other than those related to the Clean Water Act, aquatic resources permitting,
and/or cultural resources, it is required to contact the Tribe directly. The point of contact
designated by the Tribe for bidders to contact is the liaison listed in the attached Memorandum
of Understanding, the main tribal phone number is: (406) 638-3708ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 11 –
10) If a Pre-Bid Conference for the project is provided for in the Contract, a
designated, authorized agent of the Bidder attends the Conference.
12. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M)
The work on this project is being performed on the Crow Indian Reservation. Included in
this proposal package are a Memorandum of Understanding (MOU) and a Project Specific
Agreement (PSA). These documents detail agreements between the State and the Crow Tribe
that are made a part of this contract. The Contractor must adhere to all requirements contained
in these documents. Questions regarding the MOU and PSA will be addressed at the pre-bid
conference or if there is no pre-bid for the project, submit the question to the Department’s
Question and Answer Forum.
13. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23)
A. Description: Requirements associated with the operation of equipment on
structures.
B. Definition. The following definition applies to this special provision:
1) Equipment. Any vehicle or machine weighing more than 5000 pounds.
C. Construction Requirements. Do not use bridges as work platforms, work bridges,
or to support or move equipment without the Project Manager's written approval.
1) For bridges having no posted load restrictions and no removal of deck concrete
(not milled), provide a full engineering submittal for approval for all equipment utilizing outriggers
on the structure and for any equipment not already approved under one of the following
conditions:
a) Legal Loads. A vehicle that is a legal load as defined by Section 61-10 MCA.
b) Pre-Approved Equipment. The equipment is currently listed on MDT’s Approved
Construction Equipment List (ACEL) and will be operated according to any conditions stated in
the ACEL.
2) For bridges with a posted load restriction or if bridge deck concrete is partially
milled or removed, submit a full engineering submittal for approval for any of the following
cases:
a) Equipment weight exceeds 25 tons.
b) Vehicle weight and configuration does not satisfy the posted load restriction.
c) More than one piece of equipment will be simultaneously located on a span.
d) Concrete removal results in significant debonding of the top mat of deck
reinforcing steel. The Project Manager, in conjunction with the Bridge Bureau, will determine if
significant debonding is present.
e) Repairs to bridge beams or truss members are specified in the contract and
repairs are not complete.
f) Equipment outriggers will be used.
3) Full engineering submittal requirements. Submit an engineering analysis and
report performed by a Professional Engineer registered in Montana.
a) Engineering analysis. Clearly describe loading conditions and assumptions and
provide calculations. Investigate an envelope within which the equipment may function without
damaging the structure or endangering workers or the public. MDT proposes the following
topics, at a minimum. Provide additional information when necessary.
(1) Load Cases.
(a) Minimum suggested live load vehicles are Type 3 and Type 3S2 trucks in live
load combinations from AASHTO "Manual for Condition Evaluation of Bridges."
(b) Consider all loads on the bridge including axle loads, outriggers, equipment
dynamic forces, and wind forces on the load, the boom, and the equipment. Consider deflection
and secondary force effects. Include traffic live load if the structure will carry traffic during
equipment operations.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 10R26
SECTION I – 12 –
(c) Investigate different loading combinations for all configurations. Include the
distribution of dead load and changing center-of-gravity of the equipment with and without load
at different boom extensions, rotations, and elevations.
(2) Structural Effects. Identify critical members. Determine any conditions under
which the equipment cannot safely operate.
(a) Written Report. Provide a report containing a narrative summarizing the results of
the analysis. Describe special measures necessary to protect the structure through all phases of
the equipment's positioning and use. Include drawings as necessary and indicate any minimum
equipment clearances to relevant portions of the structure and to traffic flow. Estimate the work's
duration.
D. Method of Measurement. Work associated with this provision is not measured for
payment.
E. Basis of Payment. Include all costs associated with the requirements of this
provision in the lump sum bid for Structure Analysis. Exception: If a full engineering analysis is
required as a result of top mat debonding alone (none of the other criteria listed under C.2 are
met) then it will be considered extra work and considered for time extension under 108.07.5.
14. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M)
The following consultants performed work on the project.
• DOWL, LLC
15. NOTICE TO BIDDERS [108] (ADDED 11-21-08)
This project is funded in whole or in part by funds received from the Federal Highway
Administration (FHWA), and its construction is wholly contingent on the state's continued receipt
of those federal funds. If the federal funds are reduced or not received, the Department may
choose to terminate the contract for convenience under the provisions of Subsection 108.10.
Any bidder on this project, by submitting its bid, understands and accepts the possibility of the
contract being terminated in the event federal funds are reduced or not available and by
submitting a bid, each bidder waives any claims for costs or damages other than as specifically
allowed by Subsection 108.10.2. In particular, bidders understand and accept that no payment
will be allowed for any claimed anticipated profit for work not performed.
16. ENVIRONMENTAL SPECIFICATIONS [208] (ADDED 9-9-21M)
The Contractor is required to review and meet the specifications of the following
subsections:
Aquatic Resource Protection Subsection 208.03.2A
Migratory Bird Treaty Act Compliance –
Structures Subsection 208.03.4A(2)
17. PROTECTION OF AQUATIC RESOURCES
A. Description. Aquatic resources are protected under federal, state and tribal laws
and regulations including but not limited to the Clean Water and the Stream Protection Act. The
following approximate location(s) have been identified as apparent aquatic resources in the
project limits:
1) RP 516.88 – wetlands along east side.
2) RP 517.50 – wetlands associated with the Little Bighorn River crossing.
3) RP 517.62 to RP 518.65 – wetlands along the east and west side.
4) RP 518.59 – wetlands associated with an unnamed drainage.
5) RP 518.81 – wetlands associated with an unnamed drainage.
6) RP 519.90 – wetlands associated with an unnamed drainage.
7) RP 520.25 – wetlands associated with Long Otter Creek.ADVERTISED COPY
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CONTRACT NO. 10R26
SECTION I – 13 –
8) RP 521.10 – wetlands associated with an unnamed drainage.
9) RP 521.82 – wetlands associated with an unnamed drainage.
10) RP 522.00 – wetlands associated with an unnamed drainage.
11) RP 522.33 – wetlands associated with an unnamed drainage.
12) RP 522.38 – wetlands associated with an unnamed drainage.
13) RP 522.48 – wetlands associated with an unnamed drainage.
14) RP 522.65 – wetlands associated with an unnamed drainage.
15) RP 522.79 – wetlands associated with an unnamed drainage.
16) RP 523.29 – wetlands associated with an unnamed drainage.
17) RP 523.64 – wetlands associated with an unnamed drainage.
18) RP 523.71 – wetlands associated with an unnamed drainage.
Additional aquatic resources may be present with the project limits. Coordinate with the
Project Manager to identify these areas in the field.
B. Construction. Materials are prohibited from placement in aquatic resources.
Impacts to aquatic resources resulting from project activities have been permitted or authorized.
Impacts to these areas and associated consequences are the responsibility of the Contractor.
1) Conduct work in a manner that avoids impact to aquatic resources in accordance
with Subsection 208.03.2. Prevent all material from entering aquatic resources.
2) Submit Aquatic Resource Protection Plan to the Project Manager and DEES
detailing the BMPs or alternate methods proposed for each location a minimum of 10 business
days prior to start of work. Modification(s) to the Contractor’s aquatic resource protection plan or
BMPs requires approval from the Project Manager.
3) Implement BMPs to prevent placement of materials in aquatic resources. BMPs
may include:
a) A stable physical barrier that prevents 100% of material from entering aquatic
resource areas.
b) Modified constriction techniques or methods.
4) Remove and dispose of any physical BMPs upon completion of the project work.
C. Measurement and Payment. Work described in this provision is not measured for
payment. All costs associated with this provision are incidental to performance of the work.
Include the cost of the cost of other items.
18. STORM WATER PERMITTING REQUIREMENTS UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) [208] (REVISED 8-31-23)
A. Description. The EPA regulates storm water discharges under the NPDES
program. If the bid package contains blank erosion control plans, a construction storm water
discharge permit authorization will be required. If not, a storm water discharge permit
authorization may be required for this project depending on Contractor’s operations. Sum the
disturbance area (as defined by EPA) identified in the contract with the area of disturbance
caused by contractor operations to determine if the permit acreage threshold is exceeded.
Contractor operations can include, but are not limited to, the following support activities: staging
areas, access roads, material storage areas, temporary concrete, or asphalt batch plants,
borrow areas, areas used for fill placement, etc. If the summed disturbance area is one acre or
more, use the EPA authorization to discharge under the NPDES General Permit for Discharges
from Construction Activities (General Permit) for this project. In order to facilitate permit transfer,
separate NOI packages are required for areas within the right-of-way and areas outside of the
right-of-way. A NOI package includes a Notice of Intent, with a topographic map, a SWPPP, the
erosion control plans, and supporting documentation.
Blank Erosion Control Plans, and a topographic map, are provided with the plans if the
plans include greater than 1 acre of disturbance. The blank erosion control plans supplied by
the Department do not include Contractor furnished material sources, staging areas, plant sites,
or any other site that is not within the project limits. Permit these sites separately. AlthoughADVERTISED COPY
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CONTRACT NO. 10R26
SECTION I – 14 –
permitted separately, the areas of disturbance are considered cumulative with the project
disturbance area when determining the requirement for permit coverage. A SWPPP partially
completed with “MDT sections” filled in will be provided if permit coverage is sought.
B. Materials. Follow the requirements described in the Department’s Erosion and
Sediment Control Best Management Practices Manual (December 2016). Rescind Section 208
detailed drawings. Submit to the Project Manager for review and acceptance BMPs proposed
for use that are not included in the Manual.
C. Construction Requirements.
1) NPDES Permit Required.
Submit one NOI package for ground disturbance areas shown in the plans or within the
right-of-way. Complete the erosion control plans as required by the general permit. Complete
the “Contractor sections” of the SWPPP. Ensure the “Contractor sections” do not conflict with
the information the Department provided. Do not modify the SWPPP or the Department’s
responses. Notify the Project Manager when returning the SWPPP to the Environmental
Services Bureau. Return the completed signed SWPPP to the Department at the following
address:
Environmental Services Bureau
Attention: Environmental Services Bureau Chief
Montana Department of Transportation
2701 Prospect Ave
PO Box 201001
Helena, MT 59620-1001
Within 7 business days of receiving the completed signed SWPPP, the Department will
review the SWPPP. If the Contractor’s portions of the SWPPP are not complete, the SWPPP
will be returned to the Contractor for completion. If the Contractor’s portion of the SWPPP is
complete, the Department’s Environmental Services Bureau Chief will sign and certify the
SWPPP and send the executed SWPPP to the Project Manager. The SWPPP is not executed
until it is signed and certified by both parties. The Department’s review of the Contractors’
portion of the SWPPP is limited to the completeness of responses. The Contractor is
responsible for the accuracy.
Notify tribes as specified in Section 9.5 of the general permit. Obtain any necessary
tribal reviews and approvals as specified. If the EPA or applicable tribes require revised or
additional information, submit updated copies of this information to the Project Manager and
Environmental Services Bureau within 5 business days of the correspondence.
After execution of the SWPPP, submit a certified NOI to EPA at least 14 calendar days
prior to commencing earth-disturbing activities and any applicable tribal authorities as specified
in the general permit. Submit electronic NOI to EPA through EPA’s Electronic NPDES
eReporting Tool (NeT) Home Page at: https://www.epa.gov/npdes/submitting-notice-intent-noi-
notice-termination-not-or-low-erosivity-waiver-lew-under.
The Department is not responsible for delays caused by incomplete or inaccurate
submittals by the Contractor.
Email copies of the certified NOI, EPA’s confirmation letters, and applicable tribal
approval letters to the Project Manager and to the Environmental Services Bureau at
mdtenoi@mt.gov prior to conducting any ground disturbance activities. Include copies of these
documents in the executed SWPPP.
Comply with the requirements of the General Permit and implement the SWPPP. Do not
begin ground disturbing activities until the above referenced documents are received by the
Project Manager and the Environmental Services Bureau and confirmation from EPA is
provided to the Project Manager stating coverage under EPA’s CGP is now active for both the
contractor and the Department.
Furnish and install public signage as required by the EPA Construction General Permit.
Payment for sign(s) is included in the Temporary Erosion Control-Lump Sum bid item.ADVERTISED COPY
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CONTRACT NO. 10
- Package Files
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- 102_GARRYOWEN-SOUTH/10066000_SIGN_DESIGN_CALCS.pdf
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- 102_GARRYOWEN-SOUTH/10066000ADV_EROSION_CONTROL.pdf
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- 102_GARRYOWEN-SOUTH/10066000ADV_PLANS.pdf
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- 102_GARRYOWEN-SOUTH/10066000AS-BUILTS.pdf
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- Package Pages
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- Categorized By
- llm
- Package Scope Docs
- 1
- Package Manifest Only
- No
Montana Department of TransportationIssuing agency·Montana·via a public procurement portal