- Number
- 108
- Due Date
- Oct 8, 2026
- Letting
- October 8, 2026
- Project
- WOLF POINT - SOUTH
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 04R26
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):
STPP 25-2(9)47 Wolf Point – 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.04R26
KH:ST:10673000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 04R26
PROJECT: STPP 25-2(9)47 10673009000 WOLF POINT - SOUTH
SECTION: 0001 - SCRUB SEAL
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 15,000.00
0020 108000010 STRUCTURE ANALYSIS LS 1.00
0030 109200005 MOBILIZATION LS 1.00
0040 208010000 BMP ADMINISTRATION-LS LS 1.00
0050 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0060 402020377 SCRUB SEAL EMULSION TON 196.10
0070 409000000 FINAL SWEEP AND BROOM CRMI 4.90
0080 409000010 COVER-TYPE 1 SQYD 110,309.00
0090 411011130 CENTERLINE RUMBLE STRIPS-TYPE 3 MILE 4.90
0100 411011135 RUMBLE STRIPS MILE 9.90
0110 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0120 618030080 TRAFFIC CONTROL-LS LS 1.00
0130 620011105 WORDS AND SYMBOLS-WHITE PAINT GAL 2.00
0140 620011260 WORDS AND SYMBOLS-WHITE EPOXY GAL 3.00
0150 620013000 STRIPING-WHITE PAINT GAL 182.00
0160 620013960 STRIPING-WHITE EPOXY GAL 242.00
0170 620014000 STRIPING-YELLOW PAINT GAL 30.00
0180 620014960 STRIPING-YELLOW EPOXY GAL 40.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 3 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) STPP 25-2(9)47
1. PROJECT DESCRIPTION [102] ......................................................................................... 4
2. CONTRACT TIME - COMPLETION DATE [108] (REVISED 1-21-16) ................................. 4
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26)........................................................ 4
4. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26) ......................... 5
5. PARTNERING [105] (ADDED 1-11-24 M) ........................................................................... 5
6. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ............................ 5
7. INDIAN RESERVATION WORK [107] (REVISED 8-11-22 M) ............................................. 6
8. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M) ........................................ 7
9. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23) ................. 7
10. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ............................................................. 9
11. STORM WATER PERMITTING REQUIREMENTS UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) [208] (REVISED 8-31-23)
........................................................................................................................................ 9
12. PUGMILL MIXING [301] (ADDED 1-1-03) ..................................................................... 11
13. GREATER SAGE-GROUSE CONSERVATION............................................................. 11
14. SCRUB SEAL (REVISED 6/22/2020) ............................................................................ 12
SECTION II SECTION III
Nondiscrimination Notice (Tribal) Standard Provisions & Requirements
MOU
PSAADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 4 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). STPP 25-2(9)47
(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 Wolf Point - South project in Roosevelt County on MT 25 begins at the intersection
with MT 13 at RP 47.1 and continues to the west of 4th Avenue SE ending at RP 52.1. The
project will consist of a seal and cover (chip seal) of the existing asphalt surfacing and new
pavement markings.
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 1, 2027.
Unusually severe weather is not considered as a delay cause. The NTP will be issued with an
effective date of December 7, 2026.
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)ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 5 –
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 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
5. PARTNERING [105] (ADDED 1-11-24 M)
In accordance with Subsection 105.05.1, this contract requires Level (II) facilitation.
6. 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 6 –
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.
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.
7. 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 7 –
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)768-2300
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.
8. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M)
The work on this project is being performed on the Fort Peck 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
Fort Peck Assiniboine and Sioux Tribes 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.
9. 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 8 –
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 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 9 –
10. 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.
11. 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. Although
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 201001ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 10 –
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.
Submit a separate NOI package to EPA 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.
The Contractor is the sole permittee until stabilization is complete and the general permit
authorization is terminated or transferred to another entity. The Department is not responsible
for delays caused by incomplete or inaccurate submittals to EPA by the Contractor.
Provide a copy of the NOI Package submitted to EPA and confirmation for receipt of a
complete NOI Package from EPA 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.
Complete and document all inspections in accordance with the requirements of the
General Permit. Use the Department’s most current inspection form or other form that conforms
to the requirements of the permit. 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 orADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 11 –
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. The
Department may require that certain BMPs be replaced by another type of BMP as a condition
of permit transfer. Ensure permit conditions and responsibilities are met until permit coverage is
assumed by the Department. The Department will notify the Contractor in writing when permit
coverage has been assumed. 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 authorization.
2) NPDES Permit not Required.
The BMP-Administration item is included in contracts that may not meet criteria for a
NPDES 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. Fees and monitoring costs associated with obtaining
and maintaining the NPDES general permit coverage for ground disturbance areas 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 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.
12. PUGMILL MIXING [301] (ADDED 1-1-03)
Pugmill mixing of surfacing aggregates called for in Subsection 301.03.5 B is not
required for this contract.
13. GREATER SAGE-GROUSE CONSERVATION
A. Description. Greater Sage-Grouse is a species of concern under state
management action. On September 8, 2015, Governor Bullock signed Executive Order (E.O.)
No. 12-2015 creating the Montana Sage-Grouse Oversight Team and the Montana Sage-
Grouse Habitat Conservation Program (MSGHCP), and established guidelines and stipulations
for activities in designated general and core Sage-Grouse habitat and connectivity areas.
1) This Project, from M.P. 51.8 to M.P. 52.1 (0.30 mi.), is located within General
Sage Grouse habitat as determined by the MSGHCP.
B. Requirements.
1) MDT did not have to consult with the MSGHCP over this Project because it will
not require any state permits issued to MDT.
2) This Project’s Contractor must consult with the MSGHCP
(https://sagegrouse.mt.gov/) on all contractor responsible activities that will require a stateADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 04R26
SECTION I – 12 –
permit, in the designated general Sage-Grouse habitat between M.P. 50.75 and M.P. 58.9,
such as a SWPP permit from the Montana Department of Environmental Quality before siting or
operating any new borrow pit, crushing or plant location, equipment staging area, man camps,
or any other activities located outside the permanent construction limits.
3) Seed any disturbed areas with desirable plant species as soon as practicable
after construction to reduce the spread and establishment of noxious weeds and to re-establish
permanent vegetation.
4) Weed management is required within designated habitats for Sage-Grouse.
Reclamation of disturbed areas must include control of noxious weeds and invasive plant
species, including cheatgrass (Bromus tectorum) and Japanese brome (Bromus japonicus).
C. Measurement and Basis for Payment. Work described in this provision is not
measured for payment. Consider all costs associated with this provision incidental to
performance of the work. Include the cost in the cost of other items.
14. SCRUB SEAL (REVISED 6/22/2020)
A. Description. The work is conducting scrub seal-seal and cover operations using a
Polymer Modified Rejuvenating Emulsion (PMRE).
B. Materials.
1) Furnish cover aggregate in accordance with Subsection 701.02.8.
2) Furnish PMRE for the seal coat emulsion that includes both polymer modification
and a rejuvenator. Ensure the polymer and rejuvenator work as a system to provide
rejuvenating effects when applied to aged pavements. Submit a manufacturer’s certification that
meets the following specifications:
C. Construction.
Method Specification
Test on Emulsion
Viscosity @ 50 °C (SFS) AASHTO T 59 50-400
Residue, % by wt., min. AASHTO T 59 65
Ph ASTM E70 2.0-5.0
Sieve, % by wt., max. AASHTO T 59 0.1
Oil distillate, % by wt., max. AASHTO T 59 0.5
Test on Residue by Evaporation
Penetration @ 4 °C, dmm AASHTO T 49 20-70
Elastic Recovery @ 25 °C, %, min. AASHTO T 301 65
Toughness, @ 25 °C, in-lbs ASTM 5801 75
Tenacity, @ 25 °C, in-lbs ASTM 5801 50
Ductility @ 4 °C, %, min. AASHTO T 301 30
Test on Rejuvenating Agent
Viscosity, 60 °C, CST ASTM D2170 50-175
Flash Point, °F, COC, min. ASTM D92 380
Saturate, % by wt., max. ASTM D2007 30
Asphaltenes, %, max. ASTM D2007 1.0
Tests on Rejuvenating Agent RTFO Residue
Weight Change, %, max ASTM D2872 4.0
Viscosity Ratio, max. ASTM D2170 3ADVERTISED COPY
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CONTRACT NO. 04R26
SECTION I – 13 –
1) Clean cracks out to a minimum depth of ½ inch prior to the scrub seal
application. Contractor can use whichever means to accomplish this activity, such as, blowing
out with a compressor and nozzle wand.
2) Complete seal and cover operations in accordance with Section 409 with the
following exception. Following application of the emulsion, use a scrub broom to force the
emulsion into the existing surface.
3) Furnish a scrub broom to be pulled by the distributor truck.
a) Furnish a broom that has means to mechanically raise and lower the broom off
the roadway surface, keeping the wheels out of the emulsion when the broom is in use.
b) Ensure the broom does not squeegee the emulsion from the roadway surface
c) Furnish a broom that can extend to width sprayed in a single pass by the
distributor and is appropriately hinged to complete the scrubbing process evenly as the contours
and cross section of the roadway vary.
d) Mount street brooms on the nearest and farthest members of the broom, parallel
to the back of the distributor truck, and diagonal members in both directions.
e) Mount the brooms on the leading and trailing members 15° off centerline of
member.
f) Mount the brooms on the diagonal members parallel with the member. Furnish
individual brooms that are 3 ½ inches wide by 16 inches long. Ensure each broom is equipped
with at least 5-inch-long stiff bristles. An informational diagram of the described broom is shown
below:ADVERTISED COPY
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CONTRACT NO. 04R26
SECTION I – 14 –
D. Method of Measurement and Basis of Payment.
1) Cover Aggregate. Cover aggregate will be measured and paid for in accordance
with Section 409.
2) Polymer Modified Rejuvenating Emulsion will be measured and paid for in
accordance with Subsection 402.04 and 402.05.
3) No separate measurement or payment will be made for the furnishing and use of
the scrub broom. Include the cost of scrubbing the emulsion in the cost of the emulsion.
END OF SECTION IADVERTISED COPY
Rev. 10/2025
Tribal Contracts
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 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
Race, color, religion, national origin, sex, age, disability, and genetic information.
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 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
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