- Number
- 102
- Due Date
- Nov 12, 2026
- Letting
- November 12, 2026
- Project
- 1ST AVE SOUTH-BILLINGS (tied)
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 18R26
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):
NH 114-1(4)0 1ST AVE SOUTH - BILLINGS
UPP 1024(5) STATE AVENUE – BILLINGS
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.18R26
GL:NB:10692000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 18R26
PROJECT: NH 114-1(4)0 10692004000 1ST AVE SOUTH - BILLINGS
UPP 1024(5) 10704005000 STATE AVENUE - BILLINGS
SECTION: 0001 - SEAL AND COVER
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 60,000.00
0020 109200005 MOBILIZATION LS 1.00
0030 203020278 EXCAVATION-DIGOUTS CUYD 1,529.00
0040 203020310 SPECIAL BORROW-NEAT LINE CUYD 967.00
0050 208010000 BMP ADMINISTRATION-LS LS 1.00
0060 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0070 209010160 TEMPORARY SHORING LS 1.00
0080 301020340 CRUSHED AGGREGATE COURSE CUYD 318.00
0090 401020041 PLANT MIX SURF 1/2 IN-HIMA TON 4,969.00
0100 401020300 HYDRATED LIME TON 70.00
0110 402020098 ASPHALT BINDER PG 76E-34 TON 332.10
0120 402020315 EMULSIFIED ASPHALT-TACK COAT GAL 2,263.00
0130 402020320 EMULSIFIED ASPHALT-FOG SEAL GAL 3,163.00
0140 402020375 EMULSIFIED ASPHALT CHFRS-2P TON 75.10
0150 403010255 CRACK SEALING LB 30,164.00
0160 409000010 COVER-TYPE 1 SQYD 42,189.00
0170 411010000 COLD MILLING SQYD 44,280.00
0180 551020126 CONTROLLED LOW STRENGTH MATL CUYD 25.00
0190 603014242 ADJUST VALVE BOX EACH 73.00
0200 604000100 ADJUST MANHOLE EACH 40.00
0210 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0220 618030080 TRAFFIC CONTROL-LS LS 1.00
0230 618100005 PORTABLE VARIABLE MESSAGE SIGN EACH 2.00
0240 619010090 SIGNS-ALUM REFL SHEET XI SQFT 2,038.00
0250 619010230 REMOVE SIGN EACH 194.00
0260 619010300 POSTS-TUBULAR STEEL LB 117.00
0270 619010340 POSTS-TUBULAR STEEL-SQ-PERF LB 5,501.00
0280 619010740 FRANG SIGN POST BKWY-3 IN RD EACH 1.00
0290 620010301 CURB MARKING-YELLOW EPOXY GAL 72.00
0300 620011105 WORDS AND SYMBOLS-WHITE PAINT GAL 45.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 3 –
SECTION: 0001 - SEAL AND COVER
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0310 620011110 WORDS AND SYMBOLS-YELLOW PAINT GAL 20.00
0320 620011260 WORDS AND SYMBOLS-WHITE EPOXY GAL 55.00
0330 620011265 WORDS AND SYMBOLS-YELLOW EPOXY GAL 27.00
0340 620013000 STRIPING-WHITE PAINT GAL 86.00
0350 620013955 REMOVE PAVEMENT MARKINGS LNFT 2,732.00
0360 620013960 STRIPING-WHITE EPOXY GAL 116.00
0370 620014000 STRIPING-YELLOW PAINT GAL 90.00
0380 620014960 STRIPING-YELLOW EPOXY GAL 120.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 4 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) NH 114-1(4)0 UPP 1024(5)
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).......................... 6
5. BIDDER’S PROPOSED AGGREGATE SOURCE(S) [103] (REVISED 8-07-25) .................. 6
6. PARTNERING [105] (ADDED 1-11-24) ............................................................................... 6
7. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ............................ 6
8. RAILROAD COORDINATION AND FLAGGING [107] (REVISED 04-25-24 M).................... 8
9. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M) ................................... 8
10. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ............................................................. 8
11. NOISE IMPACT [208] (REVISED 5-24-12)....................................................................... 9
12. PROTECTION OF STORM WATER DRAINAGE SYSTEM AND COMPLIANCE WITH
LOCAL PERMIT REQUIREMENTS [208] (REVISED 11-14-24M) [NH 114-1(4)0] ........... 9
13. PETROLEUM CONTAMINATED SOIL [NH 114-1(4)0] .................................................... 9
14. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23) .................... 9
15. HIGHLY MODIFIED ASPHALT MIX [NH 114-1(4)0] ....................................................... 11
16. MODIFIED DIGOUT [NH 114-1(4)0] .............................................................................. 13
17. UTILIZATION OF COLD MILLINGS [NH 114-1(4)0] ........................................................ 14
18. RIDE SPECIFICATION CATEGORY (SINGLE) [401] (REVISED 03-19-26) .................. 15
19. COLD MILLING [411] (ADDED 10-11-12) ...................................................................... 15
20. LONG TERM VARIABLE MESSAGE BOARDS [618] (ADDED 3-09-23 M).................... 16
21. GLASS BEADS [714] (ADDED 10-22-26) ...................................................................... 16
SECTION II SECTION III
Nondiscrimination Notice Standard Provisions & RequirementsADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 5 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). NH 114-1(4)0 & UPP 1024(5)
(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 1st Ave South- Billings project [NH 114-1(4)0] will resurface a portion of 1st Avenue
South from just west of the intersection with State Avenue to the intersection with S 27th Street.
This project will consist of milling the roadway, digging out deteriorated roadway sections, and
repaving. New striping and signage will be installed
The State Avenue - Billings project [UPP 1024(5)] will chip seal and fog seal about 1.5
miles of State Avenue from 1st Avenue South to South 27th Street in Billings. Conflicting
striping will be covered, and the life of the pavement will be extended through chip sealing. New
striping will be installed.
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 50 Working Days. The NTP will be issued with an effective date of May 24, 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)ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 6 –
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. 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.
6. PARTNERING [105] (ADDED 1-11-24)
In accordance with Subsection 105.05.1, this contract requires Level (II) facilitation.
7. 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 7 –
C. Manufactured Products. Furnish manufactured products as defined in 2 CFR
184.3 that meet the requirements of 23 CFR 635.410. Beginning with the letting of November
13, 2025, the final fabrication of all manufactured products must occur in the United States.
Beginning with the November 12, 2026 bid letting, the product must be manufactured in the
United States and the cost of the components of the manufactured product that are mined,
produced or manufactured in the United States must be greater than 55% of the total cost of all
components of the manufactured product.
With respect to precast concrete products that are classified as manufactured products,
ensure the components of precast concrete products that consist wholly or predominantly of iron
or steel or a combination of both meet the requirements of subsection 106.09.
D. General. Domestic materials preference applies to articles, materials, and
supplies that are consumed in, incorporated into, or affixed to a project. It does not apply to
tools, equipment, and supplies brought to the construction site and removed at or before the
completion of the project (e.g., temporary aluminum scaffolding). Buy America preference does
not apply to equipment and furnishings that are used at or within the finished infrastructure
project but are not permanently affixed to the structure (e.g., movable chairs, desks, or
computer equipment used at or within the project but are not integral or permanently affixed to a
structure).
Refer to the decision tree in Section 3.5 of MT 601 to aid in appropriately categorizing
specific materials.
Submit Form MDT-MAT-407 “Manufacturer’s Certificate of Compliance” for every
material identified as a construction material or manufactured product. Do not incorporate
materials covered by Form MDT-MAT-407 into the project until all required documentation is
submitted to the Department. Ensure suppliers and manufacturers understand the domestic
material and contract requirements to supply the required materials and associated
documentation.
The Department will not accept items installed until all supporting documentation has
been reviewed and is found to be in accordance with the contract requirements. Insufficient or
unavailable documentation or documentation showing products containing construction
materials of foreign origin are grounds for removal and replacement at the contractor’s expense.
The Department has designated contract materials as either “construction materials” or
“manufactured products” by their respective 9-digit material codes in section MT 601 of the
Montana Materials Manual. The Department recognizes there will be situations where a product
or material may not fit the designation indicated in section MT 601. In these cases, submit
documentation demonstrating or justifying the supplier or manufacturer’s position that their
specific item has been misclassified to the Project Manager at least 10 business days in
advance of installation. The Department, in conjunction with FHWA, will review the submitted
documentation and decide as to how that specific product or material will be classified. These
determinations will be final, and the appropriate documentation as defined above is required.
The Department further recognizes there will be situations when a product or material
may not be addressed in MT 601. In these cases, submit certification of the material’s domestic
origin appropriate for the material classification to the Project Manager prior to installation.
The US DOT has found that it is in the public interest to issue a waiver of domestic
preferences in certain situations. For construction materials and manufactured products, the
domestic preference may be waived if the total value of non-compliant material is under
$1,000,000 or 5% of the total applicable project costs, whichever is less. Submit actual
individual material costs, minus manufacturing costs outside the defined manufacturing
processes outlined above, along with justification in the form of invoices, bills of lading, or other
appropriate documents to the Department if requesting the waiver.
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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 8 –
A project with a total contract value of $500,000 or less is exempt from all domestic
preference regulations including steel and iron.
8. RAILROAD COORDINATION AND FLAGGING [107] (REVISED 04-25-24 M)
Schedule work and coordinate flagging requirements as set forth by a
separate agreement between the corresponding railroad and the contractor. The
Department will reimburse the Contractor for railroad flagging and inspection
required in accordance with Subsection 107.07. Submit flagging and inspection
invoices to the Department’s Project Manager for review. Flagging and inspection
charges incurred due to the Contractor’s failure to provide the necessary notice to the
railroad and the Department, will be at no cost to the Department.
The agreement can be accessed online at https://bnsf.railpermitting.com.
There will be additional fees associated with this process. The Department will pay
for the approved processing fee. Begin this process upon receipt of Notice of Award
as it may take 8 to 12 weeks to complete the process. The Contractor may choose to
pay the Rush Fee; however, the Department will only pay regular processing fees. If
you need assistance or have questions, contact Melissa Woodruff at (817) 352-1048
or email melissa.woodruff@am.jll.com.
Railroad Information:
RR DOT# 087389M
RR Mile Post .21
RR Subdivision (MRL) 1st Sub Spur
RR Line Segment Jones Jct. to W. Laurel
Cost of Work on RR RW $15,000
Attend a mandatory railroad preconstruction meeting at a mutually agreeable
date and time at least 30 calendar days in advance of any work within railroad right-
of-way. The meeting may involve travel to each location to determine the nature of
staging areas, access, or any temporary crossings needed for the project.
Prior to entering or beginning work within railroad right-of-way, the
completed railroad Agreement and the associated insurance certificates must be
submitted to the Construction Engineering Services Bureau in Helena. Email
documents to mdtcontractadminsec@mt.gov. Failure to provide this
documentation can result in contractor work operations within railroad right-of-way
being shut down until they have been received.
9. SUBCONTRACTING CONSULTANTS [108] (REVISED 2-27-14 M)
The following consultants performed work on the project.
• Morrison Maierle
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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 9 –
11. NOISE IMPACT [208] (REVISED 5-24-12)
To minimize construction noise impacts on the local residents, no construction activities
will be allowed between the hours of 10 p.m. and 6 a.m. without express written approval from
the Project Manager.
12. PROTECTION OF STORM WATER DRAINAGE SYSTEM AND COMPLIANCE WITH
LOCAL PERMIT REQUIREMENTS [208] (REVISED 11-14-24M) [NH 114-1(4)0]
This project is located within an area designated by the Montana Department of
Environmental Quality (DEQ) as a regulated MS4. Contact the City of Billings Public Works -
Environmental Affairs, PO Box 30958, Billings MT 59101, phone 406-247-8517 and Yellowstone
County Public Works, PO Box 35024, 217 N. 27th St Rm 312, Billings MT 59107, phone 406-
256-2735 to determine if additional requirements are in place for construction storm water
discharges that would affect this project.
Review Subsection 208.03.1(C) for more information.
13. PETROLEUM CONTAMINATED SOIL [NH 114-1(4)0]
A. Description. Petroleum contamination in soil and groundwater may be present in
the area of the project due to several former Department of Environmental Quality Leaking
Underground Storage Tank (LUST) Releases. Petroleum-contaminated soils may be
encountered if deep excavations are needed to conduct the scope of work. Petroleum
contaminated soil is generally recognized by a petroleum odor and/or gray or black staining of
the native material or fill and can be confirmed by the presence of a hydrocarbon odor, field
screening or laboratory analysis.
B. Materials. Reserved
C. Construction Requirements. Notify Project Manager and MDT Environmental
Services if petroleum contaminated soil is encountered. Upon approval from the Department,
remove visibly stained and odorous material and dispose of at a license landfill accepting such
waste. Keep out of water.
D. Measurement and Payment. Transport and disposal of the contaminated soil is
measured by the unit of contaminated soil for the work performed as directed in writing by the
Engineer. Such payment will be in full compensation for all resources necessary to complete
this item of work. Excavation, transportation, and disposal of contaminated soil will be paid for
on a force account basis.
14. 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 10 –
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.
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-ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 11 –
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 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.
15. HIGHLY MODIFIED ASPHALT MIX [NH 114-1(4)0]
A. Description. This work is the design and placement of a highly modified, low void
asphalt mixture of one or more layers comprised of aggregate, asphalt binder, hydrated lime,
and optionally, recycled asphalt pavement (RAP) in accordance with Sections 401 and 701 and
as modified herein.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 12 –
B. Materials.
1) Furnish 100% manufactured (no naturals) aggregate in accordance with Sections
401 and 701 and Hydrated Lime in accordance with Section 713.
2) Furnish a highly modified asphalt binder in accordance with AASHTO M 332
Grade MSCR PG 76E-34. Ensure a minimum percent recovery at 3.2kPa of 90% in accordance
with AASHTO T 350 and the following:
PG76E-34 Highly Modified
Test/Property Method & Conditions Requirement
Original Binder Dynamic Shear
Rheometer
AASHTO T 315 @
76°C, G* kPa
1.30 Min.
Phase Angle @ 76°C, degrees 70.0 Max.
Rotational Viscometer AASHTO T 316 @
135°C, Pa·s
3 Max.
Flash Point AASHTO T 48, °C 260 Min.
RTFO Residue
AASHTO T 240
RTFO Residue DSR AASHTO T 315 @
76°C
2.20 Min.
Elastic Recovery AASHTO T 301 mod
(a) %
90 Min.
PAV Residue, 20
hours, 2.10 MPa,
100 °C, AASHTO
R 28
PAV Residue DSR AASHTO T 315 @
25°C, kPa
5,000 Max.
BBR AASHTO T 313 @
-24°C, S, MPa
300 Max.
150 Min.
BBR m-value @ -24°C, m-value 0.300 Min.
Delta Tc ASTM D7643 @
-30°C
-1.0 Min.
(a) Modify paragraph 4.5 as follows: Stop the ductilometer after 20 cm has been reached and
within 2 seconds. Sever the specimen at its center with a pair of scissors.
3) RAP. Recycled Asphalt Shingles are prohibited. Limit recycled binder ratio to
15% maximum.
C. Construction.
1) Mix Design. Design and submit a ½-inch NMAS mix design in accordance with
Section 401, AASHTO R 35, and M 323 as modified in Section 701 and herein. Submit a 50
gyration mix design with air voids in the range of 1.0% to 1.5% using 6.0% minimum asphalt
binder content. Table 701-15 is modified for this contract as follows:
Volumetric Design Gyrations
Compaction Parameters Voids Filled
with Asphalt
(VFA) (%)
Ninitial /
% of Gmm
Ndesign /
% of Gmm
Nmax /
% of Gmm
5 / £ 91.5 50 / ≥ 98.5 75 / £ 100 90 - 95
2) Compaction. Section 105.03.3(B) Density is rescinded.
Compact longitudinal joints to at least 94% of the target maximum specific gravity. A
0.05 pay factor will be applied to the lots of longitudinal joints when the average density for the
lot (Xn) is from 95.0% to 98.0%, inclusive of the Maximum Specific Gravity (Rice Method) and
the range (R) is 3 or less.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 13 –
For all other areas, compact plant mix to at least 96.0% of the target maximum specific
gravity. A 1.08 pay factor will be applied to the lots of plant mix surfacing when the average
density for the lot (Xn) is from 96.0% to 98.0%, inclusive, of the Maximum Specific Gravity (Rice
Method) and the range (R) is 3 or less.
3) Hamburg Wheel Track Test. Mixture specimens will be evaluated in the Hamburg
Wheel Track test at a temperature of 56 °C in accordance with MT 334. For Mix Design
Verification, specimens must have less than 13.0mm rut at 20,000 passes. Produce Hamburg
specimens in the void range of 4% ±0.5%. For field production testing and “Target Set”,
specimens must have less than 13.0mm rut at 15,000 passes. MDT may perform Hamburg
testing with different temperatures, loads, or for a different number of passes for research
purposes.
4) Acceptance. Meet the requirements of the following table.
Highly Modified Asphalt Mixture ½-inch Nominal Maximum Aggregate Size
Property Job Mix Target Limits Job Mix
Target
Tolerance
Start-Up Job Mix Range 3
½-inch HIMA ½-inch HIMA
VMA 14.5 to 18.0 ± 0.6 13.9 to 18.6
VFA 90 to 95 ± 5.0 85 to 100
VTM @ Ndes 1 1.0 to 1.5 ± 1 0.0 to 2.5
D/A 2 0.6 to 1.4 ±0.2 0.4 to 1.6
Table Notes:
1. Choose the design and production air voids target to be the lowest value, within the
range in the table above inclusive of 1.0 and 1.5, such that all other criteria are met.
2. Percentages or quantities of hydrated lime will not be subtracted from the aggregate
gradation.
3. Start-up job mix range only applies to production before initial target set. Job mix target
tolerances do not apply to start up job mix range.
D. Method of Measurement. Asphalt Binder and Highly Modified Asphalt Mix are
measured by the ton in accordance with subsection 401.04. The pay weight for Highly Modified
Asphalt Mix includes the asphalt cement and hydrated lime in the mixture, although they are
also measured and paid for separately.
E. Basis of Payment. Payment for the completed and accepted quantities of Asphalt
Binder and Highly Modified Asphalt Mix is made in accordance with subsections 401.05 and
402.05 using the pay items:
• ASPHALT BINDER PG 76E-34
• PLANT MIX SURF – 1/2 IN – HIMA
16. MODIFIED DIGOUT [NH 114-1(4)0]
A. Description. This work consists of excavating and backfilling using flowable fill
and special borrow to remove and replace poorly compacted subgrade material and fill
subsurface voids within the existing roadway. This work includes coordinated inspection and
may include coordinated utility repair.
B. Available Information.
a) Estimated locations of modified digout areas are provided in the Plans.
b) Detailed drawings of modified digout areas are provided in the Plans.
c) Excavation and fill volumes of modified digout areas are provided in the Plans for
estimating purposes.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 18R26
SECTION I – 14 –
d) City of Billings Public Works utility as-built drawings.
e) These as-built drawings will be provided on the Question and Answer Forum,
located at the following website: http://www.mdt.mt.gov/business/contracting/qacurrent.shtml.
f) City of Billings Public Works contact: Cord Albrecht, Distribution and Collection
Operations Manager, 2251 Belknap Avenue, Billings, MT 59101, 406-861-9575.
C. Materials.
1) Flowable Fill. Provide flowable fill material meeting the requirements of Section
02225 of the City of Billings Standard Modifications to Montana Public Works Standard
Specifications Sixth Edition.
2) Special Borrow. Provide special borrow consisting of a well-graded sand and
gravel, free of organic and other deleterious material, meeting the AASHTO M 145 requirements
for A-1-a group classification, with 100% passing the 2-inch sieve and a maximum of 8% by
weight passing the number #200 sieve. Material meeting MDT requirements for Crushed
Aggregate Course (CAC) is acceptable for use as special borrow material.
D. Construction.
1) Remove the existing surfacing section at the locations shown in the Plans.
2) Excavate subgrade material to the depth required to identify limits of subsurface
voids and/or poorly compacted subgrade material. Expose any buried utilities within the
excavation. Perform coordinated inspection of subsurface conditions, including a condition
assessment of any buried utilities, during excavation.
a) Coordinate inspection with the City of Billings Public Works. A City of Billings
Public Works representative will be on-site to monitor the work. Notify the Project Manager a
minimum of 10 working days prior to beginning the work.
b) Provide temporary shoring as required to limit extents of lateral excavation.
c) Use vacuum or hydro-excavation as required.
3) Repair any damaged utilities within the excavation as determined by the Project
Manager.
a) Coordinate utility repair work with the City of Billings Public Works.
4) Backfill subsurface voids and/or poorly compacted subgrade material with
flowable fill as directed by the Project Manager.
5) Backfill the top 2 feet of subgrade with special borrow.
E. Method of Measurement.
a) Excavation is measured by the cubic yard.
b) Flowable Fill is measured by the cubic yard.
c) Special Borrow is measured by the cubic yard.
d) Temporary shoring is measured by lump sum.
e) Any utility repair work will be measured as Miscellaneous Work in accordance
with Subsection 109.04.2.
F. Basis of Payment.
a) Excavation is paid at the contract unit price under the bid item Excavation-
Digouts Items-CUYD.
b) Flowable Fill is paid at the contract unit price under the bid item Controlled Low
Strength Mate
- Package Files
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Montana Department of TransportationIssuing agency·Montana·via a public procurement portal