- Number
- 101
- Due Date
- Nov 12, 2026
- Letting
- November 12, 2026
- Project
- SOUTH OF OPHEIM-SOUTH
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 03B26
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 November 12, 2026. All bids will then be publicly opened, reviewed for
correctness, and then publicly read.
Federal Aid Project(s):
STPP 31-1(30)26 SOUTH OF OPHEIM - 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
Lawrence J Flynn
Director of Transportation
Contract No.03B26
HB:NB:10228000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 03B26
PROJECT: STPP 31-1(30)26 10228030000 SOUTH OF OPHEIM-SOUTH
SECTION: 0001 - OVERLAY, SEAL & COVER & CULVERT REPLACEMENT
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 50,000.00
0020 108000010 STRUCTURE ANALYSIS LS 1.00
0030 109200005 MOBILIZATION LS 1.00
0040 203020375 EMBANKMENT IN PLACE CUYD 12,000.00
0050 203080100 TOPSOIL-SALVAGING AND PLACING CUYD 6,645.00
0060 208010150 TEMPORARY EROSION CONTROL-LS LS 1.00
0070 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0080 210020000 GRADER-MOTOR HOUR 34.00
0090 210020170 TEST TRAILER-TRANSPORT,SETUP MILE 150.00
0100 301020340 CRUSHED AGGREGATE COURSE CUYD 3,727.00
0110 301020450 SPECIAL BACKFILL CUYD 998.00
0120 301020625 AGGREGATE TREATMENT SQYD 10,191.00
0130 401020045 PLANT MIX SURF-3/4 IN TON 15,458.00
0140 401020046 PLANT MIX BIT SURF-MISC TON 126.00
0150 401020300 HYDRATED LIME TON 216.00
0160 401030240 PAVING GEOTEXTILE SQYD 93,756.00
0170 402020090 ASPHALT BINDER PG 58H-34 TON 848.90
0180 402020315 EMULSIFIED ASPHALT-TACK COAT GAL 1,425.00
0190 402020375 EMULSIFIED ASPHALT CHFRS-2P TON 191.10
0200 409000000 FINAL SWEEP AND BROOM CRMI 7.60
0210 409000010 COVER-TYPE 1 SQYD 106,151.00
0220 411010000 COLD MILLING SQYD 8,589.00
0230 411011120 CENTERLINE RUMBLE STRIPS-TYPE 1 MILE 7.40
0240 551020030 CONCRETE-CLASS GENERAL CUYD 8.80
0250 603000050 GRANULAR BEDDING MATERIAL CUYD 141.00
0260 603000060 FOUNDATION MATERIAL CUYD 214.00
0270 603010056 DRAINAGE PIPE 30 IN LNFT 132.00
0280 603010066 DRAINAGE PIPE 36 IN LNFT 66.00
0290 603010540 CSP 24 IN LNFT 32.00
0300 603010574 CSP 36 IN LNFT 8.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 3 –
SECTION: 0001 - OVERLAY, SEAL & COVER & CULVERT REPLACEMENT
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0310 603010610 CSP 48 IN LNFT 10.00
0320 603012793 RCP 90 IN LNFT 76.00
0330 603013250 RCPA 60 IN EQ DIA LNFT 72.00
0340 603587020 REMOVE PIPE CULVERT LNFT 632.00
0350 610100101 SEEDING AREA NO 1 ACRE 1.90
0360 610100103 SEEDING AREA NO 3 ACRE 10.60
0370 610100326 FERTILIZING AREA NO 1 ACRE 1.90
0380 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0390 618030075 TRAFFIC CONTROL-DAY DAY 72.00
0400 618030230 TRAFFIC CONTROL PLAN LS 1.00
0410 618040030 FLAGGER-SHIFT EACH 80.00
0420 618040040 PILOT CAR-SHIFT EACH 60.00
0430 619010090 SIGNS-ALUM REFL SHEET XI SQFT 191.20
0440 619010230 REMOVE SIGN EACH 17.00
0450 619010310 POSTS-STEEL U SIGN LB 168.00
0460 619010450 POLES-TREATED WOOD 4 IN EACH 19.00
0470 619010460 POLES-TREATED WOOD 5 IN EACH 2.00
0480 619011090 DELINEATOR TYPE 1 EACH 224.00
0490 620012955 TEMPORARY STRIPING LNFT 30,978.00
0500 620013000 STRIPING-WHITE PAINT GAL 554.00
0510 620013960 STRIPING-WHITE EPOXY GAL 370.00
0520 620014000 STRIPING-YELLOW PAINT GAL 214.00
0530 620014960 STRIPING-YELLOW EPOXY GAL 142.00
0540 622011084 GEOTEXTILE STABILIZATION SQYD 796.00
0550 622011086 SEPARATION GEOTEXTILE - HIGH SQYD 10,713.00
0560 623000185 MAILBOX-EXTRA LARGE EACH 2.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 4 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) STPP 31-1(30)26
1. PROJECT DESCRIPTION [102] ..........................................................................................6
2. CONTRACT TIME – FLEX TIME PROCEED DATE [108] (REVISED 1-21-16) ................... 6
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26) ........................................................ 7
4. LABOR AND CIVIL RIGHTS REQUIREMENTS [102] (REVISED 1-15-26).......................... 7
5. SOIL BORING INFORMATION [102] (REVISED 1-16-14) ................................................... 7
6. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25) .................. 8
7. PARTNERING [105] (ADDED 1-11-24 ) .............................................................................. 8
8. STEEL PRICE ADJUSTMENT [106] (REVISED 11-13-25) .................................................. 8
9. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ............................ 8
10. INDIAN RESERVATION WORK [107] (REVISED 8-11-22 M) .......................................... 9
11. RESERVATION REQUIREMENTS [107] (REVISED 2-27-14 M) ................................... 10
12. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23) ............ 10
13. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ........................................................... 12
14. CLEAN WATER ACT SECTION 404 PERMIT AND SECTION 401 CERTIFICATION ... 12
15. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23) .................. 12
16. STORM WATER PERMITTING REQUIREMENTS UNDER THE NATIONAL
POLLUTANT DISCHARGE ELIMINATION SYSTEM (NPDES) [208] (REVISED 8-31-23)
.......................................................................................................................................15
17. ELECTRONIC TICKETING – PMS [401] (REVISED 4-09-26) ........................................ 17
18. RIDE SPECIFICATION CATEGORY (SINGLE) [401] (REVISED 03-19-26) .................. 18
19. TARP LOADS ................................................................................................................18
20. SPECIAL BACKFILL FOR CULVERTS (REVISED 2-2-2022) ........................................ 18
21. DEWATERING (REVISED 2-2-2022) ............................................................................ 18
22. CULVERT FOUNDATION TREATMENT (REVISED 2-2-2022)..................................... 18
23. VERIFICATION FOR MODIFYING EXISTING CULVERTS ........................................... 19
24. MONTANA FLOODPLAIN AND FLOODWAY MANAGEMENT ACT [208]
(REVISED 9-9-21M) ....................................................................................................... 19
25. PAVING GEOTEXTILE .................................................................................................. 19
26. RSFO REMOVAL [619] (ADDED 8-06-2026) ................................................................. 20
27. GLASS BEADS [714] (ADDED 10-22-26) ...................................................................... 20
28. SEEDING .......................................................................................................................21ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 5 –
SECTION II SECTION III
Nondiscrimination Notice Standard Provisions & Requirements
Nondiscrimination Notice (Tribal)
MOU
PSA
Logs of Boring
Permit MapsADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 6 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). STPP 31-1(30)26
(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 South of Opheim-South project will place new asphalt surfacing and a seal and
cover over 7.6-miles of the existing roadway surface of Montana Highway 24 (Primary Route
31) in Valley County. Culvert replacements and sections of complete roadway replacement will
also be included to address more severe deterioration. This project is partially located on the
Fort Peck Reservation.
2. CONTRACT TIME – FLEX TIME PROCEED DATE [108] (REVISED 1-21-16)
A. General. This provision modifies Subsection 108.02 of the Specifications.
B. Notice to Proceed. The notice to proceed will be issued with an effective date of
June 7, 2027. The Contractor may change the notice to proceed date to an earlier date if
written notification is received at least ten calendar days in advance of the date selected and the
selected date is approved by the Project Manager. Include an updated schedule with the
notification.
C. Contract Time. Contract time assessment will begin on the notice to proceed
date issued by the Department or as changed by the Contractor, whichever is earlier. Work is
to be completed in 60 working days.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 7 –
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26)
The following documents are now available within the Contractors Reference Material on
the Department’s Contracting and Bidding webpage
https://www.mdt.mt.gov/business/contracting/ :
1) Table of Contractor’s Submittals. (Revised 1-15-26)
2) Traffic Control Rate Schedule (Revised 3-9-23)
3) Erosion Control Rates (Revised 1-09-25)
4. 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. 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 aADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 8 –
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. PARTNERING [105] (ADDED 1-11-24 )
In accordance with Subsection 105.05.1, this contract requires Level (II) facilitation.
8. 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.
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,ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 9 –
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.
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. 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:ADVERTISED COPY
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CONTRACT NO. 03B26
SECTION I – 10 –
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: 406-768-2300
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.
11. 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.
12. 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:ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 11 –
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 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. 03B26
SECTION I – 12 –
13. 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.
14. CLEAN WATER ACT SECTION 404 PERMIT AND SECTION 401 CERTIFICATION
A. Description. The permanent features as described in this contract do not impact
Waters of the US and therefore do not require a Clean Water Act (CWA) Section 404 Permit or
Section 401 Certification. However, temporary fills in waters of the US, such as work bridges,
work pads, cofferdams, diversions, or other temporary facilities associated with project
construction will likely require a Section 404 Permit and 401 Certification for temporary facilities.
B. Section 404 CWA Nationwide Permit 33 Description. Obtain authorization for the
temporary features of this project (e.g. work bridges, work pads, cofferdams, diversions, etc.)
under a US Army Corps of Engineers Nationwide Permit 33 – Temporary Construction, Access,
and Dewatering.
1) Acquire a CWA Section 404 Permit and 401 Certification for temporary facilities
involving placement of fill in waters of the US. MDT is not responsible for delays caused by
incomplete or inaccurate submittals by the Contractor. Submit a joint application in accordance
with Section 208.03.3 for projects:
a) Within the following waterways and their impoundments: Kootenai River,
Missouri River, Yellowstone River, Bitterroot River, Clark Fork River (tributary to the Columbia
River), Flathead River, Flathead Lake, and Milk River;
b) Located within 100 feet of the water source in natural spring areas;
c) Within the boundaries of any Tribal Reservation or Tribal trust lands;
d) Within Special River Management Zone of the Upper Yellowstone River.
Coordinate with the engineering project manager if you have questions regarding this
authorization. Proposed changes to the permanent structures should be directed to the project
manager for coordination with the District Project Development Engineer in the Environmental
Services Bureau. Temporary facility permitting and/or general permit questions should be
directed to the project manager for coordination with the District Environmental Engineering
Specialist.
15. 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. InADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 13 –
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 ground
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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 03B26
SECTION I – 14 –
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.
Upon approval of site cond
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Montana Department of TransportationIssuing agency·Montana·via a public procurement portal