- Number
- 104
- Due Date
- Oct 8, 2026
- Letting
- October 8, 2026
- Project
- SF189 CURVE SW OF CONRAD
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 15R26
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):
HSIP 219-1(4)11 SF189 CURVE SW OF CONRAD
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.15R26
GL:NB:9899000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 15R26
PROJECT: HSIP 219-1(4)11 9899004000 SF189 CURVE SW OF CONRAD
SECTION: 0001 - GRADE, GRAVEL, PMBS, SEAL & COVER
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 20,000.00
0020 105070000 CONTRACTOR SURVEY AND LAYOUT LS 1.00
0030 109200005 MOBILIZATION LS 1.00
0040 202020539 REMOVE MISCELLANEOUS ITEMS EACH 1.00
0050 203020375 EMBANKMENT IN PLACE CUYD 18,015.00
0060 203080100 TOPSOIL-SALVAGING AND PLACING CUYD 2,715.00
0070 208010150 TEMPORARY EROSION CONTROL-LS LS 1.00
0080 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0090 210020170 TEST TRAILER-TRANSPORT,SETUP MILE 140.00
0100 301020268 TRAFFIC GRAVEL CUYD 507.00
0110 301020340 CRUSHED AGGREGATE COURSE CUYD 3,081.00
0120 301020625 AGGREGATE TREATMENT SQYD 13,044.00
0130 401020064 COMMERCIAL PLANT MIX-MISC TON 16.00
0140 401020123 COMMERCIAL MIX-PG 58H-34 TON 2,240.00
0150 402020315 EMULSIFIED ASPHALT-TACK COAT GAL 1,226.00
0160 402020375 EMULSIFIED ASPHALT CHFRS-2P TON 19.80
0170 409000000 FINAL SWEEP AND BROOM CRMI 0.60
0180 409000010 COVER-TYPE 1 SQYD 11,065.00
0190 411011120 CENTERLINE RUMBLE STRIPS-TYPE 1 MILE 0.50
0200 411011135 RUMBLE STRIPS MILE 1.10
0210 603010048 DRAINAGE PIPE 24 IN LNFT 72.00
0220 603013202 RCPA 24 IN EQ DIA LNFT 72.00
0230 603587020 REMOVE PIPE CULVERT LNFT 292.00
0240 607100116 FARM FENCE-TYPE F1W-39 IN WW LNFT 1,768.00
0250 607100360 FARM FENCE-PANEL/SINGLE FW EACH 15.00
0260 607100380 FARM FENCE-PANEL/DOUBLE FW EACH 3.00
0270 607100720 DEADMAN EACH 5.00
0280 610100101 SEEDING AREA NO 1 ACRE 8.30
0290 610100103 SEEDING AREA NO 3 ACRE 2.30
0300 610100326 FERTILIZING AREA NO 1 ACRE 8.30ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 3 –
SECTION: 0001 - GRADE, GRAVEL, PMBS, SEAL & COVER
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0310 610100565 EROSION CONTROL BLANKET-HIGH- SQYD 2,502.00
0320 618030005 TRAFFIC CONTROL DEVICES CB UNIT 150,000.00
0330 618100001 MOTORCYCLE ADVISORY SIGN EACH 3.00
0340 619010090 SIGNS-ALUM REFL SHEET XI SQFT 38.80
0350 619010230 REMOVE SIGN EACH 12.00
0360 619010310 POSTS-STEEL U SIGN LB 20.00
0370 619010450 POLES-TREATED WOOD 4 IN EACH 4.00
0380 619010800 PANEL DELINEATOR DESIGN A EACH 24.00
0390 619011090 DELINEATOR TYPE 1 EACH 9.00
0400 620012955 TEMPORARY STRIPING LNFT 4,936.00
0410 620013000 STRIPING-WHITE PAINT GAL 42.00
0420 620013960 STRIPING-WHITE EPOXY GAL 27.00
0430 620014000 STRIPING-YELLOW PAINT GAL 34.00
0440 620014960 STRIPING-YELLOW EPOXY GAL 23.00
0450 622011087 SEPARATION GEOTEXTILE - MOD SQYD 12,331.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 4 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) HSIP 219-1(4)11
1. PROJECT DESCRIPTION [102] ..........................................................................................5
2. CONTRACT TIME [108] (REVISED 1-21-16) ...................................................................... 5
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26) ........................................................ 5
4. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26).......................... 5
5. SOIL BORING INFORMATION [102] (REVISED 1-16-14) ................................................... 6
6. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25) .................. 6
7. CONTRACTOR SURVEYING AND LAYOUT [105] (REVISED 7-10-14) ............................. 6
8. PARTNERING [105] (ADDED 1-11-24) ...............................................................................7
9. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ............................ 7
10. REMOVE MISCELLANEOUS ITEMS [202] ...................................................................... 8
11. SALVAGE MISCELLANEOUS ITEMS .............................................................................9
12. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ............................................................. 9
13. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23) .................... 9
14. ENVIRONMENTAL [208] (ADDED 9-9-21M) .................................................................. 11
15. GRIZZLY BEAR – ENDANGERED SPECIES ACT (REVISED 04/07/2022M) ................ 11
16. RIDE SPECIFICATION CATEGORY (SINGLE) [401] (REVISED 03-19-26) .................. 12
17. MOTORCYCLE ADVISORY SIGNS [619] (REVISED 9-18-25) ...................................... 12
18. SEEDING .......................................................................................................................13
SECTION II SECTION III
Nondiscrimination Notice Standard Provisions & Requirements
Logs of Boring
Permit MapsADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 5 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). HSIP 219-1(4)11
(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 project includes grading, gravel and plant mix bituminous surfacing on Secondary
219 southwest of Conrad in Teton County, beginning at RP 10.4, approximately 2 miles east of
the intersection with Secondary 220 and ending at RP 11.0, just east of the intersection with 5th
Lane NW.
2. CONTRACT TIME [108] (REVISED 1-21-16)
The work begins on the effective date stated in the Notice to Proceed (NTP) and is to be
completed in 35 Working Days. The NTP will be issued with an effective date of May 3, 2027.
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. 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 provisionsADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 6 –
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
5. SOIL BORING INFORMATION [102] (REVISED 1-16-14)
The Department routinely conducts subsurface investigations and laboratory testing to
collect soil, rock and groundwater information (“geotechnical information”) within the anticipated
limits of upcoming projects and maintains a comprehensive set of this information in its
geotechnical file. For this contract, geotechnical information has been collected by the
Department and logs of boring summarizing this information have been included in the Special
Provisions and Plans. “Logs of Borings” in the Special Provisions and Plans are based on an
interpretation of the field investigation and laboratory testing data, and do not include all the
geotechnical information that may be available. The geotechnical information contained in the
“Logs of Borings” has been edited or abridged and may not reveal all the geotechnical
information which might be useful or of interest to the bidder.
The comprehensive set of geotechnical information is considered too voluminous to
include in the bidding package. The geotechnical information that the Department has is
available for review or copying upon request. Rock core samples are regularly retained as well.
All bidders are expected to fully review all of the geotechnical information prior to submitting
their bid. The prime bidder is responsible for ensuring that a firm submitting a subcontractor
quote for the prime's use is aware of all available geotechnical information.
Submission of a bid without fully reviewing the Department's comprehensive set of
geotechnical information or accepting a quote from a subcontractor without verifying that the
subcontractor reviewed all available geotechnical information is a business decision by the
bidder. Failing to fully review all available geotechnical information waives the contractor from
making any claim, whether termed "superior knowledge", "justifiable reliance", "differing site
condition", or otherwise, against the Department for any information that may be included in the
comprehensive geotechnical information file and not shown, or not fully shown, in the “Logs of
Borings” contained in the contract documents.
Soil, rock, and groundwater conditions shown on the logs of boring apply only at the
specific boring locations and at the time the borings were made. They are not warranted to be
representative of subsurface conditions at other locations or times. Groundwater conditions
commonly vary seasonally and from that encountered during drilling. Determination of a
material's classification is based in part on judgment and opinion. The Department assumes no
responsibility for any variation or misinterpretation of the classification of materials.
Utilize the Question and Answer forum to request additional geotechnical information or
to submit questions regarding the geotechnical information. To review all available geotechnical
information, submit a request in writing to the Department’s Geotechnical Section to schedule a
time to review the available geotechnical information. Requests for access should be made a
minimum of 10 business days prior to the bid opening.
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. CONTRACTOR SURVEYING AND LAYOUT [105] (REVISED 7-10-14)
Furnish Contractor Survey and Layout in accordance with Subsection 105.08.2.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 7 –
8. PARTNERING [105] (ADDED 1-11-24)
In accordance with Subsection 105.05.1, this contract requires Level (II) facilitation.
9. 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.
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, orADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 8 –
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.
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.
10. REMOVE MISCELLANEOUS ITEMS [202]
A. Description. This work is the removal of one concrete foundation.
1) The foundation at 34+95, 142’ RT. of centerline, is concrete and covers
approximately 4’ x 7.5’.
B. Construction Requirements
1) Remove existing foundation materials. Dispose of materials removed. Do not
reuse in fill.
2) Grade the area to conform to the slopes and existing ground and revegetate.
C. Method of Measurement and Basis of Payment. Revegetation is paid under the
applicable items. Include the cost of all other work entailed by this provision in the unit price for
each Remove Miscellaneous Items.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 9 –
11. SALVAGE MISCELLANEOUS ITEMS
A. Description. Salvage any sign faces designated in the plans for removal on the
project to the Department.
B. Construction Requirements. Deliver salvaged materials to the MDT Conrad
Maintenance Yard at 310 North Main Street, Conrad MT 59425 and unload where directed by
MDT personnel. Contact Conrad Area Maintenance Superintendent at (406) 278-3793 and
provide at least 24 hours advance notice of intent to deliver salvaged material.
C. Measurement and Payment. Include the costs for salvaging, transporting, and
stockpiling the salvageable material, disposing of the remaining material, as well as the cost of
furnishing all materials, tools and labor necessary and incidental to completing the work
described under this provision in the cost of other items.
12. 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.
13. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23)
A. Description. The DEQ regulates storm water discharges under the MPDES
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 DEQ) 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 DEQ authorization to discharge under the MPDES General Permit for Storm
Water Discharges Associated with Construction Activity (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, sage grouse consultation letter, if
applicable, 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. Complete the erosion control plans as required
by the general permit. Complete the SWPPP using DEQ’s most current SWPPP Form.
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) MPDES Permit Required.
a) Submit one NOI package and the associated fees to DEQ for ground disturbance
areas shown in the plans or within the right-of-way. For ground disturbance areas shown in the
plans and any other areas within the right-of-way where Contractor activities causing groundADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 10 –
disturbance are planned, the Contractor is the sole permittee until construction is complete and
the General Permit is transferred to the Department or another entity.
The Department is not responsible for delays caused by incomplete or inaccurate
submittals by the Contractor.
Comply with the requirements of the General Permit and implement the SWPPP.
Provide an electronic copy of the NOI Package submitted to DEQ and confirmation for receipt of
a complete NOI Package from DEQ to the Project Manager prior to conducting any ground
disturbance activities.
Do not begin construction activities until the required copy of the NOI Package submitted
to DEQ and confirmation for receipt of a complete NOI Package from DEQ is received by the
Project Manager.
b) Furnish and install public signage as required by the General Permit. Include the
cost of the required sign(s) in the Temporary Erosion Control Lump Sum bid item. Submit a
separate NOI package and the associated fees to DEQ for ground disturbance and support
activity areas outside the right-of-way and not shown in the plans. Contractor furnished material
sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside
the right-of-way and not shown in the plans, are the Contractor's responsibility and must be
submitted under a separate NOI package from the ground disturbance within the right-of-way.
For all support activities outside the right-of-way which are not part of a larger commercial
operation serving multiple unrelated construction activities and will not continue operation
beyond the completion of the contracted road construction activity, a notice of intent package
must be submitted to DEQ to obtain an authorization under the General Permit. Sand and
gravel borrow area operations, gravel pits, and/or concrete batch plants that will continue
operation beyond the completion of the contracted road project, are part of a larger commercial
operation, or serving multiple unrelated construction activities, must obtain permit coverage
under the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial
Activity (MSGP) regardless of acreage size of the activity if the activity does not already have
MSGP authorization. The Contractor is the sole permittee until stabilization is complete and the
General Permit is terminated or transferred to another entity. The Department is not responsible
for delays caused by incomplete or inaccurate submittals to DEQ by the Contractor.
Provide copies of all NOI Packages submitted to DEQ and confirmations for receipt of
complete NOI Packages from DEQ to the Project Manager prior to conducting any ground
disturbance activities.
Be responsible for all temporary erosion, sediment, and pollution prevention controls for
Contractor furnished material sources, staging areas, plant sites, or any other Contractor
caused ground disturbance outside the right-of-way and not shown in the plans.
c) Complete and document all inspections in accordance with the requirements of
the General Permit. Use DEQ’s most current self-inspection form available online at:
https://deq.mt.gov/files/Water/WQInfo/Documents/WPBForms/2023-Attachment-B-
MTR100000.pdf. Provide a copy of all inspection reports to the Project Manager within 7
calendar days of the inspection.
Report potential noncompliance in accordance with applicable regulations, guidance,
and permit conditions. Submit to the Project Manager within 7 calendar days of sending or
receiving all correspondence to or from regulatory agencies regarding potential noncompliance
or violations.
The temporary erosion and sediment control measures and devices to prevent pollution
and control sediment transport and soil erosion will be inspected as part of the final inspection to
ensure they are maintained and functioning properly. Do not transfer or terminate the General
Permit coverage until the BMPs are inspected and accepted and all records required under the
permit, including inspection and monitoring reports, are furnished to the Project Manager and
authorization is received from the Department. The Department may require that certain BMPs
be replaced by another type of BMP as a condition of permit transfer.ADVERTISED COPY
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CONTRACT NO. 15R26
SECTION I – 11 –
Upon approval of site conditions, measures, devices and all pertinent records, the Department
will notify the Contractor to begin the Permit Transfer Notification in DEQ FACTS. Once
completed, provide verification that all fees have been paid and the permit is ready for transfer
in DEQ FACTS. The Department is not liable for the completeness or accuracy of Contractor
records completed prior to the permit transfer. Ensure permit conditions and responsibilities are
met until confirmation of the transfer is received from DEQ. Defend and hold the Department
harmless from any violations, claims, enforcement actions, penalties or fines issued for
Contractor activities or recordkeeping that occurred prior to the transfer of the General Permit.
If the Department concurs that final stabilization has been met during the final walk-
through, the Contractor may submit a Notice of Termination form to DEQ. Pay the annual fee
invoice due at the time of termination. Submit the annual fee invoice to the Project Manager for
reimbursement.
2) MPDES Permit not Required.
The BMP-Administration item is included in contracts that may not meet either criteria for
an MPDES permit but include ground disturbing activities. Complete BMP inspections and
install BMPs, if necessary, in accordance with Section 208, if no storm water permit is required.
Utilize form MDT-ENV-014, Water Pollution Control Inspection Report. A certified SWPPP
Administrator is not required to conduct the inspections if no permit is required.
D. Method of Measurement. DEQ MPDES fees and monitoring costs associated
with obtaining and maintaining the General Permit for ground disturbance areas both within and
outside the right-of-way are not measured separately for payment.
If no permit is necessary, include the cost of all erosion control, devices, and inspections
in the BMP-Administration bid item.
E. Basis of Payment. No additional payment will be made for the DEQ MPDES fees
and monitoring costs associated with the General Permit. Include these costs in the Temporary
Erosion Control-Lump Sum bid item.
For project including the BMP-Administration item, include the cost of all erosion control,
devices, and inspections in the BMP-Administration bid item. Partial payment for the BMP-
Administration will be monthly based on the lump sum contract price in accordance with Table
208-2 in Subsection 208.05.1.
Payment for BMPs required by an event or extra work, and approved by the Project
Manager, will be measured and paid for in accordance with the Erosion Control Rate Schedule
contained in the contract at a unit price of $1.00 per unit.
14. ENVIRONMENTAL [208] (ADDED 9-9-21M)
The Contractor is required to review and meet the specifications of the following
subsections:
1. Migratory Bird Treaty Act Compliance –
Vegetation Removal
Subsection 208.03.4A(1)
15. GRIZZLY BEAR – ENDANGERED SPECIES ACT (REVISED 04/07/2022M)
A. Description. This project is located within grizzly bear habitat. Comply with this
provision to minimize impacts to the grizzly bear, which is a federally listed species under the
Endangered Species Act. Not following the conditions set forth in this special provision may
result in a violation of the Endangered Species Act.
B. Requirements.
1) No work will be conducted between 9:00 pm and 6:00 am.
2) Follow the requirements of Subsection 208.03.4(E) for all project activities.
3) Notify the Project Manager of any animal carcasses found in the area. The
Project Manager will contact MDT Maintenance to promptly remove and dispose of carcasses.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 12 –
4) Notify the Project Manager of any bears observed in the vicinity of the project.
The Project Manager will promptly inform the MDT District Biologist at 406-444-9438 of bear
observations.
5) Conduct project-related activities outside of construction limits in accordance with
the requirements above.
C. Method of Measurement and Basis of Payment. Requirements in this provision
are not measured for payment.
16. RIDE SPECIFICATION CATEGORY (SINGLE) [401] (REVISED 03-19-26)
This is a Category I project.
17. MOTORCYCLE ADVISORY SIGNS [619] (REVISED 9-18-25)
A. Description. This work is the furnishing, installing, maintaining, and removal of
motorcycle advisory signs.
B. Materials. Furnish materials meeting the requirements of Subsection 618.02.
Furnish ASTM D4956 type VI or higher retro-reflective sheeting.
C. Construction Requirements. Furnish and install the signs shown on the following
detail to the required typical cross section and profile grade, meeting Detailed Drawing 618-01,
two-post installation, at the locations listed in the contract. The ROUTE will specify the route
number, and the DIR will specify the direction of the construction. The sign must meet the height
requirements specified on the Detailed Drawing.
For rural intersections install sign(s) on the right shoulder within 1000 feet to 1500 feet in
advance of the roadway’s intersection. For urban intersections install sign(s) within 200 feet of
the roadway’s intersection. Adjust sign within the specified distance to prevent obstruction from
existing signs.
Install sign(s) no more than 2 calendar days before construction activities begin that
change the roadway surface from a paved surface to an unpaved surface. Remove sign(s)
within 2 calendar days after the roadway surface has a paved surface.
Coordinate with the Project Manager the date the sign(s) are to be installed, the
verification of the sign locations, and the date of removal.
D. Method of Measurement. Motorcycle advisory signs, including all costs
associated with labor, materials, tools and equipment required to provide, install and remove are
measured by the Each.
E. Basis of Payment. Payment for the completed and accepted quantities is made
under the following:
Pay Item Pay Unit
Motorcycle Advisory Signs EachADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 13 –
18. SEEDING
A. Description. This work consists of providing the necessary equipment and
materials to accomplish revegetation of all areas disturbed by construction activities, and/or as
directed by the project manager.
Area Descriptions
Area 1 Areas with slopes 3:1 and flatter
Area 2 Areas with slopes steeper than 3:1 or inaccessible to drill seed equipment
Area 3 A 15 foot-wide strip adjacent and parallel to the finished pavement, on both sides.
B. Materials.
1) Fertilizer.
Nitrogen lbs per acre P2O5 lbs per acre
Area 1 & 2 10—15 30—35
Area 3 None None
2) Seed. Furnish the following reclamation seed mixtures. Use substitute species
only if the recommended species is not available and substitution is approved by the
Department’s Reclamation Specialist.
Area 1 Drill Seeding Rate
Scientific Name Common Name Variety PLS /
sq. ft.
% of
Mix
Pounds
PLS/ acre
Elymus trachycaulus Slender wheatgrass Pryor 6 7 2.0
Pascopyrum smithii Western wheatgrass Rosana 11 12 5.0
Elymus lanceolatus Thickspike wheatgrass Critana 14 16 4.0
Pseudoroegneria spicata Bluebunch wheatgrass Anatone or
Columbia 13 15 4.0
Poa secunda Sandberg’s bluegrass High plains
or Reliable 21 24 1.0
Nassella viridula Green needlegrass Lodorm 13 15 3.0
Ratibida columnifera Prairie coneflower Stillwater 7 8 0.5
Cleome serrulata Rocky mtn beeplant VNS 3 3 2.0
GRAND TOTAL 88 100 21.5
Area 2 = Area 1 The broadcast seeding rate is 2X drill seeding rate of Area 1.
Area 3 Drill Seeding Rate
Scientific Name Common Name Variety PLS /
sq. ft.
% of
Mix
Pounds
PLS/ acre
Elymus trachycaulus Slender wheatgrass Pryor 6 8 2.0
Pascopyrum smithii Western wheatgrass Rosana 11 13 5.0
Poa secunda Sandberg’s bluegrass High Plains
or Reliable 21 24 1.0
Bouteloua gracilis Blue grama
Alma Bad
River or
Birdseye
20 22 1.0ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 15R26
SECTION I – 14 –
Festuca idahoensis Idaho fescue Joseph or
Nezpurs 16 18 1.5
Sporobolus cryptandrus Sand dropseed VNS 13 15 0.1
GRAND TOTAL 87 100 10.6
C. Construction Requirements.
1) Topsoil. Salvage sufficient quantities of topsoil in accordance with Subsection
203.03.6 to place an average 4inch loose depth over all disturbed areas. Place the topsoil in
accordance with Subsection 203.03.6 immediately following grading.
2) Seedbed preparation and application.
Method Seeding Depth Season of Seeding
Area 1 Drill Seed 0.25 – 0.5 in 10/1—5/15
Area 2 Dry Broadcast Seed 10/1—5/15
Area 3 Drill Seed 0.25 – 0.5 in 10/1—5/15
a) Condition fertilize and drill seed in accordance with Subsection 610.
b) Rake, harrow or otherwise scarify broadcast seeded areas to incorporate the
seed ¼ to ½ inch into the soil.
c) Seeding outside the designated seeding period is allowed only with prior
approval from MDT’s Reclamation Specialist.
D. Method of Measurement and Basis of Payment.
1) Topsoil Salvaging and Placement is measured and paid in accordance with
Subsection 203.04 and 203.05.
2) Revegetation pay items are measured in accordance with Subsection 610.04
Payment for the completed and accepted quantities is made under the following:
Pay Item Pay Unit
Fertilizing Area No 1 Acre
Seeding Area No 1 Acre
Seeding Area No 3 Acre
END OF SECTION IADVERTISED COPY
Rev. 01/2026
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in
an environment free from discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination and protections are all inclusive
(hereafter “protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin, sex,
age, disability, and genetic information.
Race; color; national origin; familial or marital
status; pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth;
creed; social origin or condition; genetic
information; sex, sexual orientation, gender
identification or expression; ancestry; age;
mental or physical disability; political or
religious affiliations or ideas; military service
or veteran status; vaccination status or
possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply
with all Acts and Regulations of the United States and the State of Montana relative to
Non-Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes
in the selection and retention of subcontractors, i
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