- Number
- 103
- Due Date
- Oct 8, 2026
- Letting
- October 8, 2026
- Project
- I-90 BRIDGE DECKS – CROW AGENCY
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 14R25
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):
NHPB 90-9(154)506 I-90 Bridge Decks – Crow Agency
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.14R25
HB:ST:10521000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 14R25
PROJECT: NHPB 90-9(154)506 10521154000 I-90 BRIDGE DECKS-CROW
AGENCY
SECTION: 0001 - MINOR BRIDGE REHABILITATION
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 20,000.00
0020 104030037 MISCELLANEOUS ITEMS-SQYD SQYD 744.70
0030 108000000 CRITICAL PATH SCHEDULE LS 1.00
0040 108000010 STRUCTURE ANALYSIS LS 1.00
0050 109200005 MOBILIZATION LS 1.00
0060 202020058 REMOVE GUARD ANGLE LNFT 596.70
0070 202020115 REMOVE DECK SQYD 741.50
0080 208010150 TEMPORARY EROSION CONTROL-LS LS 1.00
0090 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0100 401020155 COMMERCIAL MIX-3/8 IN-PG 58V-34 TON 475.90
0110 402020315 EMULSIFIED ASPHALT-TACK COAT GAL 173.40
0120 411010000 COLD MILLING SQYD 2,601.00
0130 551020036 CONCRETE-CLASS STRUCTURE LOW CUYD 173.50
0140 552010140 TRANSVERSE DECK GROOVING SQYD 2,820.50
0150 552010160 BRIDGE DECK CRACK SEAL SQYD 1,789.30
0160 552011010 EXPANSION JOINT STRIP SEAL LNFT 30.30
0170 552011120 JOINT SEALS-POLYURETHANE LNFT 56.00
0180 552011300 SCUPPER EACH 6.00
0190 555010200 REINFORCING STEEL-EPOXY COATED LB 51,734.00
0200 561010525 EXPANSION JOINT-PRECOMPRESSED LNFT 172.60
0210 561020110 BRIDGE DECK MILLING SQYD 1,095.60
0220 562000020 CLASS A BRIDGE DECK REPAIR SQYD 5.00
0230 562000030 CLASS B BRIDGE DECK REPAIR SQYD 5.00
0240 563000010 CONCRETE-CLASS OVERLAY SQYD 1,095.60
0250 563000012 CONCRETE-CLASS OVERLAY-FIXED UNIT 500.00
0260 563000020 FURNISH PPC OVERLAY CUYD 31.00
0270 563000030 PLACE PPC OVERLAY SQYD 1,236.90
0280 563000100 PREPARE DECK SQYD 1,236.90
0290 605000092 36 IN SS CONCRETE BARRIER RAIL-BR LNFT 423.00
0300 606010117 HIGH-TENSION CABLE RAIL LNFT 908.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 3 –
SECTION: 0001 - MINOR BRIDGE REHABILITATION
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0310 606010118 HIGH-TENSION CABLE RAIL-TERMINAL EACH 8.00
0320 606010140 GUARDRAIL END SECTION WIDENING EACH 15.00
0330 606010190 GUARDRAIL-STL/BR APPR-TY 2 EACH 16.00
0340 606010230 GUARDRAIL-STL/BR APPR-TY 3 EACH 4.00
0350 606010330 MGS GUARDRAIL LNFT 3,325.00
0360 606010335 MASH W-BEAM TERMINAL SECTION EACH 15.00
0370 606010342 MASH THRIE BEAM BR APPRCH SECTION EACH 4.00
0380 606010385 REMOVE GUARDRAIL LNFT 1,500.00
0390 609010112 CURB 4 IN-CONCRETE LNFT 300.00
0400 610100559 REVEGETATION LS 1.00
0410 616343914 CONDUIT-PLASTIC 1 1/2 IN LNFT 20.00
0420 616783007 PULL BOX-COMPOSITE TYPE 2 EACH 2.00
0430 617123108 CONDUCTOR-COPPER AWG8-600V LNFT 1,476.00
0440 617781000 REMOVE AND SALVAGE MISC ELECTRICAL LS 1.00
0450 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0460 618030080 TRAFFIC CONTROL-LS LS 1.00
0470 618030180 TRAFFIC CONTROL-CROSSOVER EACH 6.00
0480 618030190 TRAFFIC CONTROL-TWO WAY TRAF MILE 10.00
0490 618030215 WIDE LOAD MARSHALLING LS 1.00
0500 618030260 CROSSOVER-CONST, MAINTAIN, CLOSE EACH 3.00
0510 618030280 CROSSOVER RECLAMATION EACH 3.00
0520 618100000 SINGLE USE SIGNS SQFT 377.00
0530 619010240 REMOVE SIGN-GUIDE EACH 1.00
0540 620013000 STRIPING-WHITE PAINT GAL 8.00
0550 620013960 STRIPING-WHITE EPOXY GAL 438.00
0560 620014000 STRIPING-YELLOW PAINT GAL 7.00
0570 620014960 STRIPING-YELLOW EPOXY GAL 369.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 4 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) NHPB 90-9(154)506
1. PROJECT DESCRIPTION [102] ..........................................................................................6
2. CONTRACT TIME - COMPLETION DATE [108] (REVISED 1-21-16).................................. 6
3. INCENTIVE/DISINCENTIVE ON MDT STRUCTURE NO. 05780 ........................................ 7
4. TRAFFIC CONTROL AND SEQUENCE OF OPERATIONS ................................................ 7
5. CONTRACT DOCUMENTS [102] (REVISED 1-15-26) ........................................................ 8
6. MANDATORY PRE-BID CONFERENCE (TRIBAL) (REVISED 11-19-20) ........................... 9
7. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26)........................ 10
8. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25) ................ 10
9. PARTNERING [105] (ADDED 1-11-24 M).......................................................................... 10
10. STEEL PRICE ADJUSTMENT [106] (REVISED 11-13-25) ............................................ 10
11. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ....................... 10
12. INDIAN RESERVATION WORK [107] (REVISED 8-11-22 M) ........................................ 12
13. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M) ................................... 12
14. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23) ............ 13
15. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M).............................. 14
16. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ........................................................... 14
17. ENVIRONMENTAL SPECIFICATIONS [208] (ADDED 9-9-21M) ................................... 14
18. STORM WATER PERMITTING REQUIREMENTS UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) [208] (REVISED 8-31-23)
.......................................................................................................................................14
19. BRIDGE DEMOLITION NOTIFICATION ........................................................................ 17
20. LEAD-BASED PAINT (LBP) REMOVAL AND DISPOSAL .............................................. 17
21. BASE PRICE FOR CONCRETE [551] (REVISED 12-17-20).......................................... 18
22. REMOVE CONCRETE BRIDGE DECK ......................................................................... 18
23. POLYESTER POLYMER CONCRETE OVERLAY ......................................................... 20
24. BRIDGE DRAINAGE STRUCTURE ............................................................................... 28
25. BRIDGE DECK HYDROMILLING AND CONCRETE OVERLAY .................................... 29
26. ADHESIVE ANCHOR SYSTEM ..................................................................................... 30
27. BRIDGE DECK CONCRETE MILLING (MICRO-MILLING) ............................................ 30
28. EXPANSION JOINT (REVISED 12-14-12) ..................................................................... 33
29. BRIDGE DECK REINFORCING STEEL COVER [564] (REVISED 10-28-21) ................ 34
30. MODIFIED BRIDGE DECK CONCRETE WATER CURE [551] (REVISED 3-2-2020) .... 34
31. CONCRETE - CLASS STRUCTURE LOW SLUMP (REVISED 9-9-21) ......................... 35
32. EXPANSION JOINT – PRECOMPRESSED [707] (ADDED 10-08-20) ........................... 36ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 5 –
33. SALVAGE GUARDRAIL ................................................................................................ 37
34. RESET SIGNS .............................................................................................................. 37
35. CROSSOVER CABLE GUARDRAIL ............................................................................. 37
36. CROSSOVER TRAFFIC CONTROL [618] (REVISED 12-4-25 M) ................................. 38
37. WIDE LOAD AND SUPERLOAD ACCOMMODATION [618] (REVISED 12-7-23 M) ..... 39
38. REVEGETATION .......................................................................................................... 40
SECTION II SECTION III
Nondiscrimination Notice (Tribal) Standard Provisions & Requirements
Permit Maps
MOU
PSAADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 6 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). NHPB 90-9(154)506
(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]
The I-90 Bridge Decks – Crow Agency project is to rehabilitate five bridges in the Billings
District along I-90 at the Crow Agency Interchange, Custer Battlefield Interchange, and over the
Little Bighorn River. The following structures in Big Horn County are included:
• MDT Structure ID 01811, Int Crow Agency
• MDT Structure ID 01812, Int Crow Agency
• MDT Structure ID 01815, Little Bighorn River
• MDT Structure ID 01816, Little Bighorn River
• MDT Structure ID 05780, Int Custer Battlefield, I-90
The scope of work varies for each structure, but generally involves preservation work
including bridge deck replacement, bridge deck milling, deck repair, modified concrete overlay,
PPC overlay, bridge deck crack seal, rail replacement, expansion joint replacement, guard
angle removal, roadway approach work and guardrail replacement.
2. CONTRACT TIME - COMPLETION DATE [108] (REVISED 1-21-16)
This contract is a completion date contract. The work begins on the effective date stated
in the Notice to Proceed (NTP) and all work is to be completed no later than October 15, 2027.
Unusually severe weather is not considered as a delay cause. The NTP will be issued with an
effective date of December 7, 2026.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 7 –
3. INCENTIVE/DISINCENTIVE ON MDT STRUCTURE NO. 05780
A. Description. The contract for the replacement of the bridge deck on MDT
Structure No. 05780 is a calendar day contract and has an incentive/disincentive. Contract time
begins on the date that the bridge is closed to traffic, and all work is to be completed in 60
calendar days. Work is considered complete when normal traffic flow is restored to MDT
Structure No. 05780 that carries US-212.
B. Definition of terms. The following terms apply to this contract:
1) Contract Time. Contract time will be assessed in accordance with Subsection
108.07.
2) Normal Traffic Flow. This is defined as two-way traffic operating without the
presence of permanent traffic control devices on MDT Structure No. 05780 that carries US-212.
This also includes unimpeded access to and from I-90 utilizing the existing on and off ramps.
Following approval from the Project Manager, temporary traffic control is allowed after restoring
two-way traffic to complete any final tasks noted below. See Traffic Control and Sequence of
Operations special provision for additional requirements for MDT Structure No. 05780.
3) Completion of work. Work is considered complete when all items outlined in the
road and bridge plans are accepted for completion except for the following: substructure repairs,
signing on roadway approaches, and striping. Contractor may remove deck formwork after
opening the bridge to two-way traffic.
4) Daily Road User Cost. The dollar figure that represents the average daily cost to
the traveling public resulting from disruption of normal traffic flow. The daily road user cost
resulting from disruption of normal traffic flow is $8,700. The incentive/disincentive for this
contract is $8,700 per calendar day for completing bridge deck replacement.
C. Incentive/Disincentive. An incentive/disincentive will be applied to bridge closure.
1) Early Completion. The contractor will receive an incentive of $8,700 for each
calendar day that the contract is complete before the number of calendar days specified above,
up to a maximum of 10 calendar days.
2) Late Completion. A disincentive of $8,700 per day will be assessed for each day
that normal traffic flow is not restored on MDT Structure No. 05780 that carries US-212, after
7:00 AM on calendar day 61.
D. Time Extensions. Calendar days will be added to the contract for extra work in
accordance with Subsection 108.07.5. Unusually severe weather is not considered as a delay.
The completion date for the bridge deck replacement on MDT Structure No. 05780 will be
adjusted for extra work performed that affects the critical path. The extra work must be shown to
be on the critical path or affecting the critical path on an updated CPM schedule, as described
elsewhere in the contract.
E. Conditions. The Project Manager has sole authority to determine when the
milestone is complete. Complete form MDT-CON-105-15-1, Contractor’s Component Inspection
upon the completion of the milestone.
4. TRAFFIC CONTROL AND SEQUENCE OF OPERATIONS
A. Description. This special provision outlines the traffic control requirements and
sequence of operations that are expected for the project. Schedule operations to provide the
least amount of inconvenience to the traveling public.
B. Traffic Control. Provide a traffic control plan in accordance with Section 618 and
the Manual on Uniform Traffic Control Devices (MUTCD).
C. Sequence of Operations.
1) In addition to the requirements of Subsection 104.05, Maintenance of Work, and
Subsection 108.04, Limitation of Operations, schedule operations in sequences outlined below
to provide the least amount of inconvenience possible to the traveling public.
2) Develop a sequence of operations for the project to outline the schedule of work
at each of the seven structures.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 8 –
3) Maintain a minimum of one lane of traffic in each direction for all under roadways
at each bridge location during all construction activities.
4) Repair all damage to the surface of the roadway and bridges and maintain a
satisfactory riding surface for the travelling public.
5) Remove and reset guardrail, at bridge ends, to mill and overlay the full roadway
width as shown in the plans. Confirm guardrail reset limits with the Project Manger prior to
removal. Do not reset guardrail until milling and paving operations are complete.
6) Median Crossovers.
a) Maintain two-way interstate traffic through the use of median crossovers as
shown in the plans or otherwise approved by the Project Manager.
b) Use temporary barricades to close all median crossovers left in place during the
winter shutdown period.
c) Provide traffic lanes 14 feet in width (minimum) for single lane traffic on the
interstate.
7) Coordinate construction schedule for MDT Structure No. 01811, 01812, 01815
and 01816 that carry I-90 traffic through Crow Agency with the Apsáalooke Nation officials to
make sure the temporary median crossovers will not adversely impact community events noted
in this special provision.
8) MDT Structure No. 05780.
a) Do not perform work on this structure until all work is completed and open to
normal traffic flow on the remaining structures to the satisfaction of the Project Manager.
b) Do not close this structure during the Little Bighorn Reenactment, typically the 3rd
weekend of June and the Crow Fair and Rodeo, typically the 3rd weekend in August. Coordinate
with the Apsáalooke Nation officials for actual dates and other local community events that
would be impacted by closure of this bridge. Submit proposed closure dates with the traffic
control plans for approval by the Project Manager.
c) Close the bridge to traffic during deck replacement work.
d) Utilize proposed crossovers north and south of the bridge to sequence deck
replacement tasks so that work is not performed directly over the traveling public on I-90. Such
activities include existing deck demolition, formwork installation, new deck installation, and any
other construction activities that provide a hazard to the traveling public below or reduce vertical
clearance over the active interstate lanes. See Open Median Crossover special provisions for
additional requirements.
e) During closure direct southbound traffic on I-90 that is accessing eastbound US-
212 to utilize the detour route as shown in plans. While the detour is active, provide traffic
control and/or flaggers for accommodating truck turning movements at the intersection of
Garryowen Road and US-212.
f) Prior to and after the deck replacement work, maintain single lane traffic across
the bridge. Maintain a minimum traffic lane width of 12-ft during single lane closures.
D. Measurement and Payment. All work required by this provision is measured and
paid for at the unit quantities and prices bid for the respective items of the contract. Where work
is specified and not distinctly covered by a unit quantity and price, that work is considered
incidental to and absorbed in the various bid items of the contract and no separate payment will
be made.
5. 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)ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 9 –
6. 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 10:00AM,
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 considered
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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 10 –
7. 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
8. 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.
9. PARTNERING [105] (ADDED 1-11-24 M)
In accordance with Subsection 105.05.1, this contract requires Level II facilitation.
10. 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.
11. 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.
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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 14R25
SECTION I – 11 –
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.
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.ADVERTISED COPY
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CONTRACT NO. 14R25
SECTION I – 12 –
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.
12. 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: 406-638-3708
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.
13. 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 containedADVERTISED COPY
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CONTRACT NO. 14R25
SECTION I – 13 –
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.
14. 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.
(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 minimumADVERTISED COPY
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CONTRACT NO. 14R25
SECTION I – 14 –
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.
15. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M)
The following consultants performed work on the project.
• HDR Engineering, Inc.
• Tetra Tech
16. 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.
17. ENVIRONMENTAL SPECIFICATIONS [208] (ADDED 9-9-21M)
The Contractor is required to review and meet the specifications of the following
subsections:
Migratory Bird Treaty Act Compliance –
Vegetation Removal Subsection 208.03.4A(1)
Migratory Bird Treaty Act Compliance –
Structures Subsection 208.03.4A(2)
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 proj
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