- Number
- 106
- Due Date
- Nov 12, 2026
- Letting
- November 12, 2026
- Project
- SCOBEY-WEST
- Enriched
- Yes
- Alternative
- No
- Package Text
- SPECIAL PROVISIONS
CONTRACT NO. 02R26
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):
STPS 248-2(7)37 SCOBEY-WEST
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.02R26
WS:NB:10675000ADVADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 2 –
MONTANA DEPARTMENT OF TRANSPORTATION
SCHEDULE OF ITEMS
CONTRACT ID: 02R26
PROJECT: STPS 248-2(7)37 10675007000 SCOBEY-WEST
SECTION: 0001 - SEAL & COVER
PROP LINE
NO.
ITEM
NUMBER
ITEM DESCRIPTION UNIT OF
MEASURE
QUANTITY
0010 104030010 MISCELLANEOUS WORK UNIT 10,000.00
0020 108000010 STRUCTURE ANALYSIS LS 1.00
0030 109200005 MOBILIZATION LS 1.00
0040 208010000 BMP ADMINISTRATION-LS LS 1.00
0050 208010005 PAR BMP ADMINISTRATION-LS LS 1.00
0060 208010200 TEMPORARY EROSION CONTROL-FIXED UNIT 500.00
0070 402020375 EMULSIFIED ASPHALT CHFRS-2P TON 217.10
0080 409000000 FINAL SWEEP AND BROOM CRMI 8.50
0090 409000010 COVER-TYPE 1 SQYD 120,784.00
0100 618030015 TRAFFIC CONTROL-FIXED UNIT 500.00
0110 618030080 TRAFFIC CONTROL-LS LS 1.00
0120 620011105 WORDS AND SYMBOLS-WHITE PAINT GAL 1.00
0130 620011260 WORDS AND SYMBOLS-WHITE EPOXY GAL 1.00
0140 620013000 STRIPING-WHITE PAINT GAL 304.00
0150 620013960 STRIPING-WHITE EPOXY GAL 406.00
0160 620014000 STRIPING-YELLOW PAINT GAL 110.00
0170 620014960 STRIPING-YELLOW EPOXY GAL 146.00ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 3 –
TABLE OF CONTENTS
FEDERAL AID PROJECT(S) STPS 248-2(7)37
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 ) .............................................................................. 5
6. DOMESTIC MATERIALS REQUIREMENTS [106] (REVISED 11-13-25) ............................ 5
7. CONSTRUCTION EQUIPMENT ON STRUCTURES [107] (REVISED 9-21-23) ................. 6
8. NOTICE TO BIDDERS [108] (ADDED 11-21-08) ................................................................ 8
9. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23) ....................... 8
10. PUGMILL MIXING [301] (ADDED 1-1-03) ..................................................................... 10
11. PROTECTION OF AQUATIC RESOURCES ................................................................. 10
12. GLASS BEADS [714] (ADDED 10-22-26) ...................................................................... 11
SECTION II SECTION III
Nondiscrimination Notice Standard Provisions & RequirementsADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 4 –
SPECIAL PROVISIONS
FEDERAL AID PROJECT NO(S). STPS 248-2(7)37
(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 Scobey – West project located in Daniels County on S-248 begins east of Richland
at RP 37.5 and extends east approximately 8.6 miles to the terminus of S-248 in the town of
Scobey at RP 46.1. The project will chip seal the roadway. Pavement markings are also
included..
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 September 30,
2027. Unusually severe weather is not considered as a delay cause. The NTP will be issued
with an effective date of January 11, 2027.
3. CONTRACT DOCUMENTS [102] (REVISED 1-15-26)
The following documents are now available within the Contractors Reference Material on
the Department’s Contracting and Bidding webpage
https://www.mdt.mt.gov/business/contracting/ :
1) Table of Contractor’s Submittals. (Revised 1-15-26)
2) Traffic Control Rate Schedule (Revised 3-9-23)
3) Erosion Control Rates (Revised 1-09-25)ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
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 )
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. 02R26
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. 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. 02R26
SECTION I – 7 –
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. 02R26
SECTION I – 8 –
8. 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.
9. STORM WATER PERMITTING REQUIREMENTS UNDER THE MT POLLUTANT
DISCHARGE ELIMINATION SYSTEM (MPDES) [208] (REVISED 8-10-23)
A. Description. The DEQ regulates storm water discharges under the MPDES
program. If the bid package contains blank erosion control plans, a construction storm water
discharge permit authorization will be required. If not, a storm water discharge permit
authorization may be required for this project depending on Contractor’s operations. Sum the
disturbance area (as defined by DEQ) identified in the contract with the area of disturbance
caused by contractor operations to determine if the permit acreage threshold is exceeded.
Contractor operations can include, but are not limited to, the following support activities: staging
areas, access roads, material storage areas, temporary concrete, or asphalt batch plants,
borrow areas, areas used for fill placement, etc. If the summed disturbance area is one acre or
more, use the DEQ authorization to discharge under the MPDES General Permit for Storm
Water Discharges Associated with Construction Activity (General Permit) for this project. In
order to facilitate permit transfer, separate NOI packages are required for areas within the right-
of-way and areas outside of the right-of-way. A NOI package includes a Notice of Intent, with a
topographic map, a SWPPP, the erosion control plans, sage grouse consultation letter, if
applicable, and supporting documentation.
Blank Erosion Control Plans, and a topographic map, are provided with the plans if the
plans include greater than 1 acre of disturbance. Complete the erosion control plans as required
by the general permit. Complete the SWPPP using DEQ’s most current SWPPP Form.
B. Materials. Follow the requirements described in the Department’s Erosion and
Sediment Control Best Management Practices Manual (December 2016). Rescind Section 208
detailed drawings. Submit to the Project Manager for review and acceptance BMPs proposed
for use that are not included in the Manual.
C. Construction Requirements.
1) MPDES Permit Required.
a) Submit one NOI package and the associated fees to DEQ for ground disturbance
areas shown in the plans or within the right-of-way. For ground disturbance areas shown in the
plans and any other areas within the right-of-way where Contractor activities causing 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.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 9 –
b) Furnish and install public signage as required by the General Permit. Include the
cost of the required sign(s) in the Temporary Erosion Control Lump Sum bid item. Submit a
separate NOI package and the associated fees to DEQ for ground disturbance and support
activity areas outside the right-of-way and not shown in the plans. Contractor furnished material
sources, staging areas, plant sites, or any other Contractor caused ground disturbance outside
the right-of-way and not shown in the plans, are the Contractor's responsibility and must be
submitted under a separate NOI package from the ground disturbance within the right-of-way.
For all support activities outside the right-of-way which are not part of a larger commercial
operation serving multiple unrelated construction activities and will not continue operation
beyond the completion of the contracted road construction activity, a notice of intent package
must be submitted to DEQ to obtain an authorization under the General Permit. Sand and
gravel borrow area operations, gravel pits, and/or concrete batch plants that will continue
operation beyond the completion of the contracted road project, are part of a larger commercial
operation, or serving multiple unrelated construction activities, must obtain permit coverage
under the Multi-Sector General Permit for Storm Water Discharges Associated with Industrial
Activity (MSGP) regardless of acreage size of the activity if the activity does not already have
MSGP authorization. The Contractor is the sole permittee until stabilization is complete and the
General Permit is terminated or transferred to another entity. The Department is not responsible
for delays caused by incomplete or inaccurate submittals to DEQ by the Contractor.
Provide copies of all NOI Packages submitted to DEQ and confirmations for receipt of
complete NOI Packages from DEQ to the Project Manager prior to conducting any ground
disturbance activities.
Be responsible for all temporary erosion, sediment, and pollution prevention controls for
Contractor furnished material sources, staging areas, plant sites, or any other Contractor
caused ground disturbance outside the right-of-way and not shown in the plans.
c) Complete and document all inspections in accordance with the requirements of
the General Permit. Use DEQ’s most current self-inspection form available online at:
https://deq.mt.gov/files/Water/WQInfo/Documents/WPBForms/2023-Attachment-B-
MTR100000.pdf. Provide a copy of all inspection reports to the Project Manager within 7
calendar days of the inspection.
Report potential noncompliance in accordance with applicable regulations, guidance,
and permit conditions. Submit to the Project Manager within 7 calendar days of sending or
receiving all correspondence to or from regulatory agencies regarding potential noncompliance
or violations.
The temporary erosion and sediment control measures and devices to prevent pollution
and control sediment transport and soil erosion will be inspected as part of the final inspection to
ensure they are maintained and functioning properly. Do not transfer or terminate the General
Permit coverage until the BMPs are inspected and accepted and all records required under the
permit, including inspection and monitoring reports, are furnished to the Project Manager and
authorization is received from the Department. The Department may require that certain BMPs
be replaced by another type of BMP as a condition of permit transfer.
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 feeADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 10 –
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.
10. 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.
11. PROTECTION OF AQUATIC RESOURCES
A. Description. Aquatic resources are protected under federal, state, and tribal laws
and regulations including but not limited to the Clean Water Act and the Stream Protection Act.
The following approximate location(s) have been identified as apparent aquatic resources in the
project limits:
1) RP 42.8 both sides – Butte Creek perennial drainage crossing
2) RP 43.3 both sides – Poplar River perennial drainage crossing
Additional aquatic resources may be present within the project limits. Coordinate with the
Project Manager to identify these areas in the field.
B. Construction. Materials are prohibited from placement in aquatic resources.
Impacts to aquatic resources resulting from project activities have not been permitted or
authorized. Impacts to these areas and associated consequences are the responsibility of the
Contractor.
Conduct work in a manner that avoids impacts to aquatic resources in accordance with
Subsection 208.03.2. Prevent all material from entering aquatic resources.
1) Submit an Aquatic Resource Protection Plan to the Project Manager and DEES
detailing the BMPs or alternate methods proposed for each location a minimum of 10 business
days prior to start of work. Modification(s) to the Contractor’s aquatic resource protection plan or
BMPs requires approval from the Project Manager.
2) Implement BMPs to prevent placement of materials in aquatic resources. BMPs
may include:
a) A stable physical barrier that prevents 100% of material from entering aquatic
resource areas.
b) Modified sweeping and brooming methods.ADVERTISED COPY
SPECIAL PROVISIONS
CONTRACT NO. 02R26
SECTION I – 11 –
c) Pickup and dispose of millings and/or chips. Millings must be treated as solid
waste.
3) Remove and dispose of any physical BMPs upon completion of the project work.
C. Measurement and Payment. Work and materials to protect aquatic resources are
measured by the lump sum. Include the costs to install, maintain, and remove BMPs in the unit
price for PAR-BMP ADMINISTRATION – LS. Payment for the lump sum item will be in
accordance with Table 208-2 of the Standard Specifications.
12. GLASS BEADS [714] (ADDED 10-22-26)
Roundness for glass spheres must have a minimum of 80% true spheres in accordance
with AASHTO M247.
END OF SECTION IADVERTISED COPY
Rev. 01/2026
MDT NONDISCRIMINATION AND
DISABILITY ACCOMMODATION NOTICE
Montana Department of Transportation (“MDT”) is committed to conducting all of its business in
an environment free from discrimination, harassment, and retaliation. In accordance with State
and Federal law MDT prohibits any and all discrimination and protections are all inclusive
(hereafter “protected classes”) by its employees or anyone with whom MDT does business:
Federal protected classes State protected classes
Race, color, religion, national origin, sex,
age, disability, and genetic information.
Race; color; national origin; familial or marital
status; pregnancy, childbirth, or medical
conditions related to pregnancy or childbirth;
creed; social origin or condition; genetic
information; sex, sexual orientation, gender
identification or expression; ancestry; age;
mental or physical disability; political or
religious affiliations or ideas; military service
or veteran status; vaccination status or
possession of immunity passport.
For the duration of this contract/agreement, the PARTY agrees as follows:
(1) Compliance with Regulations: The PARTY (hereinafter includes consultant) will comply
with all Acts and Regulations of the United States and the State of Montana relative to
Non-Discrimination in Federally and State-assisted programs of the U.S. Department of
Transportation and the State of Montana, as they may be amended from time to time,
which are herein incorporated by reference and made a part of this contract.
(2) Non-discrimination:
a. The PARTY, with regard to the work performed by it during the contract, will not
discriminate, directly or indirectly, on the grounds of any of the protected classes
in the selection and retention of subcontractors, including procurements of
materials and leases of equipment, employment, and all other activities being
performed under this contract/agreement.
b. PARTY will provide notice to its employees and the members of the public that it
serves that will include the following:
i. Statement that PARTY does not discriminate on the grounds of any
protected classes.
ii. Statement that PARTY will provide employees and members of the public
that it serves with reasonable accommodations for any known disability,
upon request, pursuant to the Americans with Disabilities Act as
Amended (ADA).SECTION II1 of 4ADVERTISED COPY
iii. Contact information for PARTY’s representative tasked with handling non-
discrimination complaints and providing reasonable accommodations
under the ADA.
iv. Information on how to request information in alternative accessible
formats.
c. In accordance with Mont. Code Ann. § 49-3-207, PARTY will include a provision,
in all of its hiring/subcontracting notices, that all hiring/subcontracting will be on
the basis of merit and qualifications and that PARTY does not discriminate on the
grounds of any protected class.
(3) Participation by Disadvantaged Business Enterprises (DBEs):
a. If the PARTY receives federal financial assistance as part of this
contract/agreement, the PARTY must comply with applicable federal and state
laws regarding the DBEs, including but not limited to 49 CFR Part 26.
b. By signing this agreement the PARTY assures that:
The contractor, sub recipient or subcontractor shall not discriminate on
the basis of race, color, national origin, or sex in the performance of this
contract. The contractor shall carry out applicable requirements of 49
CFR part 26 in the award and administration of DOT-assisted contracts.
Failure by the contractor to carry out these requirements is a material
breach of this contract, which may result in the termination of this
contract or such other remedy as the recipient deems appropriate.
c. PARTY must include the above assurance in each contract/agreement the
PARTY enters.
(4) Solicitation for Subcontracts, Including Procurement of Materials and Equipment:
In all solicitations, either by competitive bidding, or negotiation, made by the PARTY for
work to be performed under a subcontract, including procurements of materials, or leases
of equipment, each potential subcontractor or supplier will be notified by the PARTY of
the PARTY’s obligation under this contract/agreement and all Acts and Regulations of the
United States and the State of Montana related to Non-Discrimination.
(5) Information and Reports: The PARTY will provide all information and reports required
by the Acts, Regulations, and directives issued pursuant thereto and will permit access to
its books, records, accounts, other sources of information and its facilities as may be
determined by MDT or relevant US DOT Administration to be pertinent to ascertain
compliance with such Acts, Regulations, and instructions. Where any information
required of a contractor is in the exclusive possession of another who fails or refuses to
furnish the information, the PARTY will so certify to MDT or relevant US DOT
Administration, as appropriate, and will set forth what efforts it has made to obtain the
information.
(6) Sanctions for Noncompliance: In the event of a PARTY’s noncompliance with the Non-
discrimination provisions of this contract/agreement, MDT will impose such sanctions as itSECTION II2 of 4ADVERTISED COPY
or the relevant US DOT Administration may determine to be appropriate, including, but
not limited to:
a. Withholding payments to the PARTY under the contract/agreement until the
PARTY complies; and/or
b. Cancelling, terminating, or suspending the contract/agreement, in whole or in
part.
(7) Pertinent Non-Discrimination Authorities:
During the performance of this contract/agreement, the PARTY, for itself, its assignees, and
successor in interest, agrees to comply with the following non-discrimination statutes and
authorities; including but not limited to:
Federal
- Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252),
(prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21;
- The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970,
(42 U.S.C. § 4601 et seq.), (prohibits unfair treatment of persons displaced or whose
property has been acquired because of Federal or Federal-aid programs and projects);
- Sections 162 and 301(g) of the Federal-Aid Highway Act of 1973, (Public Law No. 93-87,
87 Stat. 250, codified at 23 U.S.C. § 324), (prohibits discrimination on the basis of sex);
- Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), (prohibits
discrimination on the basis of disability); and 49 CFR Part 27;
- The Age Discrimination Act of 1975, (42 U.S.C. § 6101 et seq.), (prohibits discrimination
on the basis of age);
- Section 520 of the Airport and Airways Improvement Act of 1982, (49 U.S.C. § 47123),
(prohibits discrimination based on race, creed, color, national origin, or sex);
- The Civil Rights Restoration Act of 1987, (Public Law No. 100-259), (broadened the
scope, coverage, and applicability of Title VI of the Civil Rights Act of 1964, The Age
Discrimination Act of 1975, and Section 504 of the Rehabilitation Act of 1973, by
expanding the definition of the terms “programs or activities” to include all of the
programs or activities of the Federal-aid recipients, sub-recipients, and contractors,
whether such programs or activities are Federally funded or not);
- Titles II and III of the Americans with Disabilities Act, (42 U.S.C. §§ 12131 through
12189), which prohibits discrimination on the basis of disability in the operation of public
entities, public and private transportation systems, places of public accommodation, andSECTION II3 of 4ADVERTISED COPY
certain testing entities as implemented by Department of Transportation regulations at
49 CFR parts 37 and 38;
- Title IX of the Education Amendments of 1972, as amended, which prohibits
discrimination on the basis of sex in education programs or activities (20 U.S.C. § 1681
et seq.).
State
- Mont. Code Ann. § 49-3-205 Governmental services;
- Mont. Code Ann. § 49-3-206 Distribution of governmental funds;
- Mont. Code Ann. § 49-3-207 Nondiscrimination provision in all public contracts.
(8) Incorporation of Provisions: The PARTY will include the provisions of paragraphs one
through seven in every subcontract, including procurements of materials and leases of
equipment, unless exempt by the Acts, the Regulations and/or directives cited therein.
The PARTY will take action with respect to any subcontract or procurement as MDT or
the relevant US DOT Administration may direct as a means of enforcing such provisions
including sanctions for noncompliance. Provided, that if the PARTY becomes involved in,
or is threatened with litigation by a subcontractor, or supplier because of such direction,
the PARTY may request MDT to enter into any litigation to protect the interests of MDT.
In addition, the PARTY may request the United States to enter into the litigation to protect
the interests of the United States.SECTION II4 of 4ADVERTISED COPY
STANDARD PROVISIONS INDEX
FEDERAL AID
- Package Files
- Name
- 106_SCOBEY_WEST/10675000ADV_PLANS.pdf
- Bytes
- 933675
- Name
- 106_SCOBEY_WEST/10675000ADV_PROPOSAL.pdf
- Bytes
- 16699032
- Package Pages
- 39
- Categorized By
- llm
- Package Scope Docs
- 1
- Package Manifest Only
- No
Montana Department of TransportationIssuing agency·Montana·via a public procurement portal