HomeMy WebLinkAboutResolution No. R25-92 RESOLUTION NO. R25-92
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LAUREL,
MONTANA AWARDING THE BID AND AUTHORIZING THE MAYOR TO
EXECUTE ALL CONTRACT AND RELATED DOCUMENTS FOR THE
BERNHARD DITCH IMPROVEMENTS PROJECT.
WHEREAS, the City of Laurel (hereinafter "the City") is in need of improvements to
the Bernhard Ditch(hereinafter"the Project");
WHEREAS, the City has complied with its procurement policy and Montana law by
utilizing a competitive bid process to ensure the Project Cost and company selected is in the
best interests of the City in both quality and price;
WHEREAS, the City sought bids from qualified companies from whom to engaged
with on the Project by publicly advertising the bid pursuant to Montana law;
WHEREAS, the City received a responsive bid from Earth Movers Excavation for the
Project;
WHEREAS, Earth Movers Excavation's bid for the Project is for the total cost of five
hundred eighty-seven thousand four hundred ten dollars and no cents ($587,410.00);
WHEREAS, Earth Movers Excavation was the lowest qualified bidder, and such bid is
attached hereto and incorporated by reference herein; and
WHEREAS, the City currently possesses adequate funds for the Project and/or can
make appropriate and reasonable lending arrangements, and it is in the City's best interests to
proceed with engagement on the Project.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Laurel,
Montana, that the City Council accepts the bid with Earth Movers Excavation, and the Mayor
is authorized to execute all contract and related documents with Earth Movers Excavation for
the Project,pursuant to the terms and conditions contained in the attached bid for the total cost
of five hundred eighty-seven thousand four hundred ten dollars and no cents ($587,410.00).
Introduced at a regular meeting of the City Council on the I Oth day of November, 2025,
by Council Member Mackay.
PASSED and APPROVED by the City Council of the City of Laurel the IOth day of
November, 2025.
APPROVED by the Mayor the 1 Oth day of November, 2025.
R25-92 Approve Bid for Bernhard Ditch Improvements Project
�'�'�• •►• "`• CITY OF LAUREL
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SEA grA I A�u 9"'41
-1111"NE COp�\�•��' Dave aggoner, Mayo
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ATTEST:
key tre e ,Clerk-Treasurer
APPROVED AS TO FORM:
Michele L. Braukmann, Civil City Attorney
R25-92 Approve Bid for Bernhard Ditch Improvements Project
Plans and Specifications
Bernhardt Ditch Improvements
Laurel Urban Renewal Agency
Laurel, Montana
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The above hereby certifies that these plans and specifications were prepared by
me or under my direct supervision, and that I am a duly registered professional
engineer in the State of Montana.
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-' TRIPLE TREE
ENGINEERING
BID FORM FOR CONSTRUCTION CONTRACT
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders,the General Conditions, and the Supplementary Conditions.
ARTICLE 1—OWNER AND BIDDER
1.01 This Bid is submitted to:
Bernhardt Ditch Improvements—City of Laurel
(Name of Project)
115 W 15t Street, Laurel, MT 59044
(Location)
1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted,to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and
in accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2—ATTACHMENTS TO THIS BID
2.01 The following documents are submitted with and made a condition of this Bid:
A. Required Bid security;
B. Evidence of authority to do business in the state of the Project;or a written covenant to obtain
such authority within the time for acceptance of Bids;
C. Contractor's license number as evidence of Bidder's State Contractor's License or a covenant
by Bidder to obtain said license within the time for acceptance of Bids;
ARTICLE 3—BASIS OF BID—UNIT PRICES
3.01 Unit Price Bids
A. Bidder will perform the following Work at the indicated unit prices:
EJCDC®C-410,Bid Form for Construction Contract-7'h Edition
Copyright®2018 National Society of Professional Engineers,American Council of EngineeringCompanies,and
American Society of Civil Engineers.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 1 of 5
B. See attached Bid Form.
C. Bidder acknowledges that:
1. each Bid Unit Price includes an amount considered by Bidder to be adequate to cover
Contractor's overhead and profit for each separately identified item,and
2. estimated quantities are not guaranteed,and are solely for the purpose of comparison of
Bids, and final payment for all Unit Price Work will be based on actual quantities,
determined as provided in the Contract Documents.
ARTICLE 4—TIME OF COMPLETION
4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 15.06 of the General Conditions on or before the
dates or within the number of calendar days indicated in the Agreement.
4.02 Bidder accepts the provisions of the Agreement as to liquidated damages.
ARTICLE S—BIDDER'S ACKNOWLEDGEMENTS:ACCEPTANCE PERIOD, INSTRUCTIONS,AND RECEIPT OF
ADDENDA
5.01 Bid Acceptance Period
A. This Bid will remain subject to acceptance for 60 days after the Bid opening,or for such longer
period of time that Bidder may agree to in writing upon request of Owner.
5.02 Instructions to Bidders
A. Bidder accepts all of the terms and conditions of the Instructions to Bidders,including without
limitation those dealing with the disposition of Bid security.
5.03 Receipt of Addenda
A. Bidder hereby acknowledges receipt of the following Addenda:
Addendum Number Addendum Date
2 /D 27/?S
3 /JP
ARTICLE 6—BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Bidder's Representations
A. In submitting this Bid, Bidder represents the following:
1. Bidder has examined and carefully studied the Bidding Documents,including Addenda.
2. Bidder has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas, and become familiar with the general, local,and Site conditions that may
affect cost, progress,and performance of the Work.
EJCDC®C-410,Bid Form for Construction Contract—71h Edition
Copyright®2018 National Society of Professional Engineers,American Council of EngineeringCompanies,and
American Society of Civil Engineers.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 2 of 5
3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions
at or adjacent to the Site and the drawings of physical conditions relating to existing
surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Bidder has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Bidder has considered the information known to Bidder itself; information commonly
known to contractors doing business in the locality of the Site; information and
observations obtained from visits to the Site; the Bidding Documents; and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information,observations,and Technical Data on(a)the cost,progress,and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Bidder, if selected as Contractor; and
(c) Bidder's (Contractor's) safety precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph, Bidder
agrees that no further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price,within the Contract
Times, and in accordance with the other terms and conditions of the Contract.
8. Bidder is aware of the general nature of work to be performed by Owner and others at
the Site that relates to the Work as indicated in the Bidding Documents.
9. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents,and of discrepancies
between Site conditions and the Contract Documents,and the written resolution thereof
by Engineer is acceptable to Contractor.
10, The Bidding Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. The submission of this Bid constitutes an incontrovertible representation by Bidder that
without exception the Bid and all prices in the Bid are premised upon performing and
furnishing the Work required by the Bidding Documents.
6.02 Bidder's Certifications
A. The Bidder certifies the following:
1. This Bid is genuine and not made in the interest of or on behalf of any undisclosed
individual or entity and is not submitted in conformity with any collusive agreement or
rules of any group, association, organization, or corporation.
2. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false
or sham Bid.
3. Bidder has not solicited or induced any individual or entity to refrain from bidding.
EJCDC®C-410,Bid Form for Construction Contract—71h Edition
Copyright®2018 National Society of Professional Engineers,American Council of Engineering Companies,and
American Society of Civil Engineers.Modified to include RD edits from RUS Bulletin 1730-26(6/16/2020).
Page 3 of 5
4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for the Contract. For the purposes of this Paragraph 8.02.A:
a. Corrupt practice means the offering,giving,receiving,or soliciting of anything of value
likely to influence the action of a public official in the bidding process.
b. Fraudulent practice means an intentional misrepresentation of facts made (a) to
influence the bidding process to the detriment of Owner,(b)to establish bid prices at
artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and
open competition.
c. Collusive practice means a scheme or arrangement between two or more Bidders,
with or without the knowledge of Owner,a purpose of which is to establish bid prices
at artificial, non-competitive levels.
d. Coercive practice means harming or threatening to harm, directly or indirectly,
persons or their property to influence their participation in the bidding process or
affect the execution of the Contract.
BIDDER hereby submits this Bid as set forth above:
EJCDC®C-410,Bid Form for Construction Contract—7"'Edition
Copyrightm 2018 National Society of Professional Engineers,American Council of EngineeringCompanies,and
American Society of Civil Engineers.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 4 of 5
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PO Box 957
Laurel, MT 59044
dffice: (406) 598-6007
October 301h, 2025
To Whom It May Concern:
Earth Movers Excavation, Inc. is a Montana Corporation incorporated in 2009. Per our articles of
incorporation,AJ Leavitt is the sole owner, President,and controller of and for the company. As such, AJ
Leavitt is the sole legal signor for Earth Movers Excavation. Thank you.
SXre
Melis a Jimenez
Office Administrat
Earth Movers Excavation
406-690-7266
Bidder: r
azagcLo,printed name of organization)
By:
/ (individual's signature)
Name: LeV1 .
(typed or printed)
Title: pr�
/ (typed or printed)
Date: �b�2jo(��
(typed or printed)
If Bidder is a cor oration, affphip, or a joint venture, attach evidence of authority to sign.
Attest:
(individual's signature)
Name: G�/S��- c�lrc�lG�?C�Z
(typed or printed)
Title:/
(typed or printed)
Date:
(typed or printed)
Address for giving notices:
Po & x 967 _
Gaur� d✓!t 5"9o�f�
Bidder's Contact: pp
Name: n /; /��ihcpc6c
G (typed or printed)
Title: 7 6-�rVVW-6>r
(typed or printed)
Phone: 41Dj�-' 59`j5'-1&007
Email: dl{HQ eoyx r�tf.�ifnr
Address:
i°o ax 9s7
GAur�� nlf 5-9D�/
Bidder's Contractor License No.: (if applicable) /z/U6SS
EJCDC®C-410,Bid Form for Construction Contract—7v'Edition
Copyright®2018 National Society of Professional Engineers,American Council of EngineeringCompanies,and
American Society of Civil Engineers.Modified to include RD edits from RUS Bulletin 1780-26(6116/2020).
Page 5 of 5
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BID BOND (PENAL SUM FORM)
Bidder Surety
Name: Earth Movers Excavation, Inc Name: Old Republic Surety Company
Address (principal place of business): Address (principal place of business):
PO Box 957 P. 0. Box 1635
Laurel, MT 59044 Milwaukee, WI 53201-1635
Owner Bid
Name: City of Laurel Project(name and location):
Address(principal place of business): Bernhardt Ditch Improvements, Laurel, MT
115 W 1 st Street
Laurel, MT 59044
Bid Due Date: October 30, 2025
Bond
Penal Sum: 10% Ten Percent of Amount Bid
Date of Bond: October 28, 2025
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond,
do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.
Bidder Surety
Earth Movers Excavation, Inc Old Republic Surety Company ;�ao
(full for al name Bidders (Full formal name of Surety)\(corporote slayI SEA
By. By. ' (Sign tore)(Attach Power of Actor� )
(Signature) Y,,,
Name: Name: Brandi Davis
(Printed or typed) (Printed or typed)
Title: l reyj Title: Attorne -in-Fact
Attest: Attest:
(Signature)
� (Signature)
Name: DmoA C( p/j Name: Sami Benson
Printed or typed) (Printed or typed)
Title: An Title: Witness
Notes:(1)Note:Addresses are to be used for giving any required notice. (2)Provide execution by any additional parties,such as
joint venturers,if necessary.
EJCDC®C-430,Bid Bond(Penal Sum Form). (EA-02/21)
Copyrightm 2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1 of 2
1. Bidder and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.
Payment of the penal sum is the extent of Bidder's and Surety's liability. Recovery of such penal sum under
the terms of this Bond will be Owner's sole and exclusive remedy upon default of Bidder.
2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding
Documents(or any extension thereof agreed to in writing by Owner)the executed Agreement required by
the Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation will be null and void if:
3.1. Owner accepts Bidder's Bid and Bidder delivers within the time required by the Bidding Documents
(or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents, or
3.2. All Bids are rejected by Owner, or
3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety
when required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with
reasonable promptness, identifying this Bond and the Project and including a statement of the amount
due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice
of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety's
written consent.
6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after
the Bid due date.
7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by
United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and
will be deemed to be effective upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute,
seal, and deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements.Any applicable requirement of
any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set
forth at length. If any provision of this Bond conflicts with any applicable statute,then the provision of said
statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and
effect.
11. The term "Bid"as used herein includes a Bid,offer, or proposal as applicable.
EJCDC®C-430,Bid Bond(Penal Sum Form). (EA-02/21)
Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 2 of 2
t
* OLD REPUBLIC SURETY COMPANY
POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS:That OLD REPUBLIC SURETY COMPANY,a Wisconsin stock insurance corporation,does make,constitute and
appoint:
Brand! Davis
its true and lawful Attorney(s)-in-Fact, with full power and authority for and on behalf of the company as surety, to execute and
deliver and affix the seal of the company thereto (if a seal is required), bonds, undertakings, recognizances or other written obligations in the nature thereof,
(other than bail bonds, bank depository bonds, mortgage deficiency bonds, mortgage guaranty bonds, guarantees of installment paper and note
guaranty bonds, self-insurance workers compensation bonds guaranteeing payment of benefits, or black lung bonds),as follows:
ALL WRITTEN INSTRUMENTS
Principal: Earth Movers Excavation, Inc
Obligee: City of Laurel
and to bind OLD REPUBLIC SURETY COMPANY thereby,and all of the acts of said Attorneys-in-Fact, pursuant to these presents, are ratified and confirmed.
This appointment is made under and by authority of the board of directors at a special meeting held on February 18,1982.
This Power of Attorney is signed and sealed by facsimile under and by the authority of the following resolutions adopted by the board of directors of the OLD
REPUBLIC SURETY COMPANY on February 18,1982.
RESOLVED that, the president, any vice-president or assistant vice president, In conjunction with the secretary or any assistant secretary, may appoint
attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case,for and on behalf of the company to
execute and deliver and affix the seal of the company to bonds, undertakings, recognizances, and suretyship obligations of all kinds;and said officers may
remove any such attorney-in-fact or agent and revoke any Power of Attorney previously granted to such person.
RESOLVED FURTHER,that any bond,undertaking,recognizance,or suretysnip obligation shall be valid and binding upon the Company
(i) when signed by the president,any vice president or assistant vice president,and attested and sealed(if a seal be required)by any secretary or assistant
secretary;or
(ii) when signed by the president,any vice president or assistant vice president,secretary or assistant secretary,and countersigned and sealed(if a seal be
required)by a duty authorized attorney-in-fact or agent;or
(iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in-fact or agents pursuant to and within the limits of the authority
evidenced by the Power of Attorney issued by the company to such person or persons.
RESOLVED FURTHER that the signature of any authcrized officer and the seal of the company may be affixed by facsimile to any Power of Attorney or
certification thereof authorizing the execution and delivery cf any bond,undertaking,recognizance,or other suretyship obligations of the company;and such
signature and seal when so used shall have the same force and effect as though manually affixed.
IN WITNESS WHEREOF, OLD REPUBLIC SURETY COMPANY has caused these presents to be signed by its proper officer,and its corporate seal to be
affixed this 20th day of September 2022
OLD REPUBLIC SURETY COMPANY
!coruo.pL L /�
SEAL
Assistant Secrets y V "%.Y/ '; President
STATE OF WISCONSIN,COUNTY OF WAUKESHA-SS
On this 20th day of September 2022 personally came before me, Al2n Paylic
and Karen J Haffner to me known to be the individuals and officers of the OLD REPUBLIC SURETY COMPANY
who executed the above instrument, and they each acknowledged the execution of the same,and being by me duly sworn,did severally depose and say:that
they are the said officers of the corporation aforesaid,and that the seal affixed to the above instrument is the seal of the corporation,and that said corporate seal
and their signatures as such officers were duly affixed and subscribed to the said instrument by the authority of the board of directors of said corporation
0"IE-11",
.11
Notary Public
My Commission Expires: September 28, 2026
CERTIFICATE (Expiration of notary's commission does not invalidate this instrument)
I, the undersigned, assistant secretary of the OLD REPUBLIC SURETY COMPANY, a Wisconsin corporation. CERTIFY that the foregoing and attached
Power of Attorney remains in full force and has not been revoked; and furthermore, that the Resolutions of the board of directors set forth in the Power of
Attorney,are now in force.
suger`c��
O
14 28th October 2025
SEAL Signed and sealed at the City of Brookfield,WI this day of
•a � �0 1
ORSC22262(3-06) �4ij,"�"core'\ nss�s�o rsecre+a;y
TRIPLE TREE ENGINEERING
November 3, 2025
City of Laurel
115 W 15Y Street,
Laurel, MT 59044
RE: Bernhardt Ditch Improvements Project—Bid Recommendation
Dear Mayor and City Council:
Bids for the Bernhardt Ditch Improvements Project were opened and read aloud at 1:00 PM local time
on October 30, 2025, at Laurel City Hall. Six contractors submitted bids for the project. All of the
contractors meet the requirements to be considered qualified. All qualified bidders acknowledged the
addendums and included a 10% bid bond as required in the contract documents. Following is a
summary of the contractor bids.
•• . . �-
: . �S587,410.00 $684,635.00 $709,757.16 1 $770,777.on $806,991.on $880,791.00
A detailed certified bid tabulation is included in Exhibit A for reference. The City has the option to
award or not award the project. We believe the bid prices are reasonable based on comparison to the
other bids for the project and other recent bids on similar projects.
If the City of Laurel decides to award the project, we recommend awarding to Earth Movers
Excavation, Inc. in the amount of$587,410.00.
Attached are the following for consideration by the City:
• Exhibit 8 includes references for Earth Movers Excavation
o Following bid opening, the Contractor submitted qualifications for four comparable
projects completed since 2023, each with contact information for the project owner or
engineer.Triple Tree Engineering contacted all listed references and three of the four
provided feedback in time for this recommendation to be completed. Each reference
confirmed that Earthmovers Excavation is qualified, competent, and capable of
completing the proposed work within the required timeframe.
o Responses were received from Sanbel, Engineering Associates, and the City of Billings.
Responses from each individual contacted are included at the end of Exhibit B.
1145 Cap Rd//Helena, MT 59602
www.tripletreemt.com
TRIPLE TREE ENGINEERING
• Exhibit C includes the Notice of Award
o Notice of Award Date has been set for November 10, 2025.
o Request signature of the attached Notice of Award by the Mayor if awarded by the City.
• Exhibit D includes the Owner/Contractor Agreement
o The agreement has been prepared in standard EJCDC format and was included in the
bidding documents.
• The attached agreement is presented for reference and review.
• The agreement will be executed after it is returned by the Contractor with Bonds
and Insurance.
• Exhibit E includes the Notice to Proceed
o The Notice to Proceed date is currently not set.
o The Notice to Proceed will be executed with the Agreement.
In summary,we are happy with the bids, and the apparent low bidder Earth Movers Excavation, Inc. is
a reputable contractor with significant experience in this type of work. Please call me anytime at (406)
461-7856 if you have any questions or need additional information.
Sincerely,
Triple Tree Engineering, Inc.
Douglas C.Tamcke, P.E.
Encl: Exhibit A:Tabulation of Bids
Exhibit B: Contractor Comparable Experience & References
Exhibit C: Notice of Award
Exhibit D: Owner/Contractor Agreement
Exhibit E: Notice to Proceed
1145 Cap Rd/;Helena, MT 59602
www.tripletreemt.com
TRIPLE TREE ENGINEERING
EXHIBIT A
Certified Bid Tabulation
1145 Cap Rd//Helena,MT 59602
www.tripletreei-nt.com
Tabulation Of Bids
Bernhardt Ditch Improvements
Bid Letting:10/3012025 @ 1:00 PM
It-N. D-nption aly J't Jril Pn- Total Pri- I-WP- Tot�lPn- Unit Pn- Total Pr- ine.Pn- Tot,1 P- J,9 P-e T'AA Pr- Unit Fri- 7.1.1 PI!-
Bw Bid
100 MOBILIZATION 1 LS S24517.00 524.517.00 S3000000 530000.00 57.292.40 57.29240 $70000.00 S70.MO00 S40000000 S40000.00 $74.900D0 $24.9M
101 GENERAL REQUIREMENTS I LS $37929500 SM 29600 $84.000600 SM 000600 $35765.80 535.765,80 555000.00 S5600000 54000000 S-40.00000 $12.000.00 S1200OW
702 TRAFFIC CONTROL 1 LS S11.E81.00 511881,W $3600.00 53,800.00 S909600 S90MOO 57.600.00 67.8M 00 56.100.00 56100.00 S7200L00 5720000
200 EXISTING STRUCTURE DEMOLITION 1 LS 53"a 00 5364800 S650000 56500.00 529579 SO S29FS29.50 516000.00 510000.00 52400.00 52400.00 $12.$M 00 572 NO Do
201 CURB It GUTTER DEMOLITION 66 LF 53200 52112.00 513.00 565800 595.33 16489.7a 520.00 $1.32000 SITOO 5112200 $2575 SIAM.so
202 ASPHALT DEMOLITION 30 EA 57000 $2.10000 53000 S900D0 52M33 5648390 524.00 5720.00 5287.DO $861000 559.25 51777.So
203 EXISTING FETE REMOVAL t0 EA $1.62000RS3173200
00.
000 SSW 00 5500000 5953.44 S9.S3s40 52500.00 S2500 OO 5558.00 55.580 DO 57920D 57920
300 MDOIFIED DIVERSION STRUCTURE I LS S26847007.00 $25 DOD 00 52500D.00 541524.36 541.524,3o S2220D.o0 S22200.00 $26400DO Ste 400.00 554.200.00 554.200.00
301 GRATES I LS 512.58000 00 S12.000.00 S12000600 S59265.50 559.26550 570.800.00 510800.00 $IS40000 515.4D0,00 515.27500 $15275600
:1M 24'T x 48W SIDE-MOUNTEO SLIDE GATE 1 EA 510.054.00400 5980D.00 59600.00 S1048666 S10486.66 59900.00 59900.DO 511.60000 5110600-OD SIZ90000 S129C0.00
303 PRECAST DIVERSION STRUCTURE 1 LS 531.73900900 $4280000 S4790000 S2738190 L2736190 $5660000 556600.00 549400 DO 549.40800 56700Q00 S67000000D
304 CAST-MFPLACE WEIR WALL I Le SS 944004.00 54000.00 $4.00000 S14880.00 514.66000 S10D000 $30=00 5280000 5260000 57sel 57501.00
305 GRATES 1 LS S1644700700 51100000 St1oo000 515071.96 St5011.95 314 sM00 574600.00 $1540000 S1S,400.00 51225Q00 $12 M.3M 2C RCP OVERFLOW PIPE 17 LF S104000000 S120 OD S2040000 Mill 62 $5079.94 5970.00 $16490.00 S92000 $15064000 51541000 325500.307 47T x 60 W WALL MOUNTED SLIDE GATE I EA 518 113001300 517.00000 S1700000 51900 11S 519.000.95 S16 700.00 516700.00 S20 60000 520.600.00 S 190000 $21.90000
]08 30'T x42W wALL MOUNTED SLIDE GATE 2 En 51550400600 515.000.00 330000.00 51537983 530.T59.66 51450000 529000.00 518.100.00 $38.200.00 519100.00 536200.00
400 PARKING
111
EXCAVATION&BACKFILL 1 LS S1751.00 S1,7A9.00 52 550 00 52550.00 S8 M&90 S820690 S140000 52400,00 51500.00 S3 S0000 S1915000 $19.15000
401 14'MINUS CRUSHED ROAD BASE 44 Cy moo S2420.00 529.00 51.276.00 $0291 SZ916.76 $12000 $5200.00 599.00 1435600 5110.00 $4940.00
402 ASPHALT PG 5&26 75 TON $ 30
.00 S346000 5300 54.95000 $248.00 53.720.00 11,11% SS 150,DO 5265 OD $397500 546200 $6930.00
W 4 CONCRETE CURB GUTTER 66 LF 37500 54.95000 572.00 54.752.00 SS6621 5175012 $79.00 55214.00 S82o0 5547200 SM 00 54.290.00
404 APPROACH CURB RETURN FILLETS 2 EA 06100 56/2600 57250000 MINIM $2 IM001 S4.340.00 5510000 S10200.00 54100.00 58 MOO S6.47500 512.95000
405 IMPORTED BACKFILL&COMPACTION 983 CY MOD 54718400 531,00 53047100 SN 451 331.89&35 SW 00 $49150.00 526.00 S2555600 592.00 S9043600
L
43.81<M 6-CONCRETE ARCH PIPE S43 LF 5181.00 S98620300 $300OD 5702,gD0.o0 5286.69 5155.68724 522500 S12217SOO S40O.D0$21770000 531600 5171 SMOG
26 S'0Ir CONCRETE ARCH PIPE 556 LF i175.00 597.825.00 SM.00 5122980.00 $17362 S97.05358 $220.00 $Q296000 535000 SM 650.00 524600 513863200
37P CRUSHED LIMESTONE 267 CY $120.00 S32040.00 3135.00 SM.04500 518208 SM 61S36 516000 54272000 58500 522699.00 522500 560075.00
SEPARATION FABRIC 2404 SY $1.25 $300500 $100 $2.404.00 $233 55,601.32 S7.00 51882800 54.00 1961600 3250 f601KARL FOE RSTER PLANTS 45 EA 514100 515.43500 522500 M0125.00 58194 33.687.30 5300.00 S135MOD 576100 $7245 DO S37S 00 5168750D
TOPSOIL&SEEDING 722 SY 59.00 5649800 $1.00 57MDO 52316 516.721.52 525.00 516050.00 $6,00 $4,33200 33600 $M.992.00
--M8OONILAfjj T,j,y,
C N 1�
10731n6zs
NOTICE OF AWARD
Date of Issuance: 11/10/2025
Owner: City of Laurel Owner's Project No.: N/A
Engineer:Triple Tree Engineering, Inc. Project No.:25-034
Project: Bernhardt Ditch Improvements Project
Bidder: Earth Movers Excavation, Inc.
Bidder's Address: 2209 Airport Road
P.O. Box 957
Laurel, MT 59604
You are notified that Owner has accepted your Bid dated 10/30/2025forthe above Contract,and that you
arethe Successfu I Bidderand are awarded a Contract for: Base Bid.
The Contract Price of the awarded Contract is$587,410.00. Contract Price is subject to
adjustment based on the provisions of the Contract,including but not limited tothosegoverning
changes, Unit Price Work,and Work performed on a cost-plus-fee basis,as applicable.
3 unexecuted counterparts of the Agreement accompany this Notice of Award, and one copy
of the Contract Documents accompanies this Notice of Award,or has been transmitted or made
available to Bidder electronically.
0 Drawings will be delivered separately from the other Contract Documents.
You must comply with thefollowing conditions precedent within 15 days of the date of receipt of this Notice
of Award:
1. Deliverto Owner 3 counterparts of the Agreement,signed by Bidder(as Contractor).
2. Deliverwith the signed Agreement(s)the Contractsecurity(such as required performance and
payment bonds)and insurance documentation,asspecified inthe I nstructions to Bidders and in the
General Conditions,Articles 2 and 6.
3. Other conditions precedent(if any): None
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within 10daysafteryou complywith the above conditions,Ownerwill returntoyou onefullysigned
counterpart of the Agreement,together with any additional copies of the Contract Documents as indicated
in Paragraph 2.02 of the General Conditions.
Owner: 'tv of Laurel
By (signature):
Name(printed): Dave Waggoner -
Title: Mayor
Copy: Engineer
EJCDC*C-510,Notice of Award.
Copyright*2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.
Page 1 of 1
TRIPLE TREE ENGINEERING
EXHIBIT B
Contractor Comparable Experience & References
1145 Cap Rd//Helena, MT 59602
www.tripletreemt.com
BERNHARDT DITCH IMPROVEMENTS
Comparible Project Experience
NO
1 lWestern Sky RMH 1 1089 S 48th St W, Billings, Mt
Proi name Location
Water, Sewer and Storm Drain for a trailer park including two 12'x 6'
culvert crossing, 699 If-14"arch pipe, 689 If-18"arch pipe&other $2,265,410.65
RCP.
Description(scope o/work,material size) Contract value
SANBEL lBryanAlexander balexander(a-sanbel.com (406) 855-8521
Eng contact info(address,email,phone)
Beartooth ITracy Haag m tracY(fteartooth hold ing.cor�t (406) 855-4168
Owner contact info(address,eail.phone)
2023
Year Completed
2 IWO 23-50 2578 Gabel Rd, Billings, Mt
Proi name Location
Gabel Road Hogan Slough Culvert Replacement-Removal,furnish $463,052.00
and install 12 x 8 Box culvert.
Description(scope of work,material size) Contract value
City of Billings I Ken Ard ardkPbillingsmt.gov 1 (406) 657-8235
Eng contact info(address,email.phone)
Owner contact info(address,email,phone)
2023
Year Completed
3 IWO 24-18 Central Ave, Billings, Mt
Proi name Location
8"water main extension. $353,500.00
Description(scope of work,material size) Contract value
City of Billings JJD Anderson (406) 237-6178
Eng contact info(address,email,phoneJ
pubwork(c-Dyellowstonecountymt.gov
Owner contact info(address,email,phone)
2024
Year Completed
4 Division St Powell, Wy
Proi name Location
36", 30"and other misc improvements approx 2,200 LF. $1,009,197.00
Description(scope of work,material size) Contract value
EA Engineers ITravis Conklin I travisconmeaengineers.corr. (307) 587-4911
Eng contact info(address,email,phone)
2025
Year Completed
Key Personnel:
Kris Kloeckner, PM kriskloecknerAlemxmt.com (406) 506-8110
Devin Krause, Super. devin.krause(aemxmt.com Utilities (406) 561-0605
Travis Teter, Super. travis(cDemxmt.com Grading (406) 839-5790
Current Commitments:
NO NAME ANTICIPATED COMPLETION DATES
1 NCCC LAME DEER MT This work will begin prior to Bernhardt and will be
completed after.
2 CROW INNOVATION CENTER This work will begin prior to Bernhardt and will be
completed after.
3 BACKFLOW MEETEETZE Will be complete before Bernhardt.
4 MAPLEWOOD SUBDIVISION Inprogress and will be complete before Bernhardt.
5 WO 20-25 CULVERT REPLACEMENTS Will be completed before Bernhardt.
RESOURCES FOR THIS PROJECT:
Equipment:
350 EXCAVATOR
644 LOADER
W/T 2,000 gallon
COMPACTERS, WHEEL, TRENCH COMPACTORS
Trucking for material offhaul and delivery
Manpower:
Supervision, Operators, Pipe layers, and suppport laborers as needed.
Material:
Arch Pipe & concrete pipe Rinker
Precast ECP- Engineered Concrete Products
Steel Montana Ironworks
Pipe & Fittings/Gates / Fabric Northwest Pipe & Fittings
Planting Material Billings Nursery
Aggregates Fisher/Mt Limestone
Brief summary: Once we have approved submittals we will get our structures and pipe ordered. About
a week before Pipe is delivered we will modify the existing structure to remain. We will prep the area
of work to receive pipe. 2 weeks or so for Arch Pipe, A week or so for New precast and 12"
installation. Another 2 weeks for backfill and restorations.
Doug Tamcke
From: Travis Conklin<travisco@eaengineers.com>
Sent: Saturday,November 1,2025 4:37 PM
To: Doug Tamcke
Cc: Erik Wachob
Subject: RE:Reference for Earth Movers Excavation
Hi Doug,
We have worked on two projects with Earth Movers Excavation. The storm drain on Division Street and a 20-foot-high retainingwall in
Cody. They met the deadlines for both projects and completed them satisfactorily.They tend to go the extra mile without complaint. The
folks we have worked with know what they are doing. I have copied our PoweLL Office manager,Erik,in case he has additional information or
thoughts to add.
I hope this is helpfuL to you in your due diligence efforts.
Thanks,
7-01
TRAVIS L.CONKLIN,PE(WY,ID,MT,NM)
COO I PROJECT MANAGER
902 13T11 Street i PO BOX 1900 i Cody.WY 82414 i Website:eaenaineefs.com
Office:(307)587-4911 i Cell:(307)899-3817 1 Email:travisco@eaengineers.com
NGINEERINGAtkEE
ASSOCIATES
CONSULTING ENGINEERS S.SURVEYORS
CODY I LARAMIE I POWELL RIVERTON I SARATOGA I SHERIDAN I SUNDANCE I THERMOPOLIS
In EM
CONFIDENTIALITY AND COPYRIGHT NOTICE
This email message is for the sole use of the intended recipientis)and may contain confidential and privileged information.Engineering Associates(EA)cannot guarantee secwdy of INS electronic transmission or
attachments. Information included or attached is copyrighted. In no event shall the recipient copy or use any of the concepts,plans,draHangs,specifications,designs,models,reports.photographs,computer software.surveys
calculations,construction and other data,documents,and processes incuded herein or attached to this email for any purpose other than those stated or in relation to any other mallet or prgect wdhdut the prior wrafen permission of
EA. It you believe you received the email in error,or are not the intended recipient,you should delete this email and all attachments,and notify us immediately.
1
From:Doug Tamcke<dtamcke@tripletreemt.com>
Sent:Friday,October 31,2025 4:05 PM
To:Travis Conklin<travisco@eaengineers.com>
Subject:Reference for Earth Movers Excavation
Hi Travis,
I'm in the process of awarding a project we recently bid in Laurel,and Earthmovers Excavation is the apparent low bidder.As part of the award review,
I'm completing a due diligence check since the City has not previously worked with them.The contractor listed you as a reference forthe Division Street
Projectthey completed this year.
The project includes the installation of approximately 1,000 LF of concrete arch pipe in varying sizes,a precast box manhole,backfill and compaction,
fine grading of a proposed approach,connections to existing storm sewer pipe,and other miscellaneous heavy civil work.A key consideration for this
project is a tight construction deadline that cannot be missed.
Based on your experience,do you believe Earthmovers Excavation can complete this type of work in a timely and satisfactory manner?You're welcome
to reply by email or give me a call—whichever is easier for you.
Thank you foryour time and input.
Douglas C. Tamcke,P.E.
406.461.7856
TRIPLE TREE
ENGINEERING
1145 Cap Road
Helena,MT 59602
www.tnoletreem!.com
Doug Tamcke
From: Ard,Kenneth<ardk@billingsmt.gov>
Sent: Monday,November 3,2025 10:23 AM
To: Doug Tamcke
Subject: RE:Reference for Earth Movers Excavation
Doug,EMX has performed multiple pipe installation jobs for the City of Billings,and all work has been satisfactory.Thanks
KEN ARD,PE
Staff Engineer,City of Billings
ph:(406)657-9235 w:_�r. _:�Ihngs,ml u:,
316 N 26T"ST I Sth Floor I Billings,MT 59101
From:Doug Tamcke<dtamcke@tripletreemt.com>
Sent:Friday,October 31,2025 4:30 PM
To:Ard,Kenneth<ardk@billingsmt.gov>
Subject:[EXTERNAL]Reference for Earth Movers Excavation
Hi Ken,
I'm in the process of awarding a project we recently bid in Laurel,and Earthmovers Excavation is the apparent low bidder.As part of the award review,
I'm completing a due diligence check since the City has not previously worked with them.The contractor listed you as a reference for the Gabel Road
Hogan Slough Culver Replacement Project they completed in 2023.
The recently bid project includes the installation of approximately 1,000 LF of concrete arch pipe in varying sizes,a precast box manhole,backfill and
compaction,fine grading of a proposed approach,connections to existing storm sewer pipe,and other miscellaneous heavy civil work.A key
consideration for this project is a tight construction deadline that cannot be missed.
Based on your experience,do you believe Earthmovers Excavation can complete this type of work in a timely and satisfactory manner?You're welcome
to reply by email or give me a call—whichever is easier for you.
Thank you for your time and input.
Douglas C. Tamcke,P.E.
405.461.7856
TRIPLE TREE
ENGINEERING
1145 Cap Road
Helena,MT 59602
www.tripletreemt.com
2
Douq Tamcke
From: Bryan Alexander<balexander@sanbell.com>
Sent: Monday,November 3,2025 3:17 PM
To: Doug Tamcke
Subject: Re:Laurel project EMX questions
HI Doug,
Per our call,we worked on a project in the summer of 2021. 1 looked back at my construction notes and,as we spoke,there were
some delays. The delays centered around inexperience with dewatering deep sewer and storm drain in the project. They also had
some water main leaks they had trouble tracking down. They got the job done meeting the project specifications and requirements,
but it did take longerthan anticipated. It should be noted that there were material cost escalations and trouble getting materials
that were also contributing factors that summer.
Thanks,
Bryan
Bryan Alexander FE
Asso-J@ie Pruiap.il I bilhii s L-ind D_ ,lupn'i:nl
d:
m: 40.i-°55-11,2-1
From:Doug Tamcke<dtamcke@tripletreemt.com>
Sent:Monday,November 3,2025 11:13 AM
To:Bryan Alexander<balexander@sanbell.com>
Subject:RE:Laurel project EMX questions
CAUTION:This email originated from outside your organization.Exercise caution when opening attachments or clicking links,especially
from unknown senders.
Thanks Bryan!It must have been blocked.Either way,I just pasted the original email below.Please let me know your thoughts per our conversation this
morning.
I'm in the process of awarding a project we recently bid in Laurel,and Earthmovers Excavation is the apparent low bidder.As part of the award review,
I'm completing a due diligence check since the City has not previously worked with them.
The project includes the installation of approximately 1,000 LF of concrete arch pipe in varying sizes,a precast box manhole,backfill and compaction,
fine grading of a proposed approach,connections to existing storm sewer pipe,and other miscellaneous heavy civil work.A key consideration forth is
project is a tight construction deadline that cannot be missed.
Based on your experience,do you believe Earthmovers Excavation can complete this type of work in a timely and satisfactory manner?
Thank you for your time and input.
Regards,
Douglas C.Tamcke,P.E
406.461.7856
TRIPLE TREE
ENGINEERING
1145 Cap Road
Helena,MT 59602
www triolztreernt.com
From:Bryan Alexander<balexander@sanbell.com>
Sent:Monday,November 3,2025 11:09 AM
To:Doug Tamcke<dtamcke@tripletreemt.com>
Subject:Laurel project EMX questions
Hi Doug,
Here is my email address. I did not see an email come through last week.
Thanks,
Bryan
2
Bryan Alexander PE
17
.\ssoci.ii�c Prmcipa[ I Bitlin?,s Land Development!.'Zr
a I:Ir
d:406-go?-3,343
ITI:40-S-89',-85.'l
3
TRIPLE TREE ENGINEERING
EXHIBIT C
Notice of Award
1145 Cap Rd//Helena,MT 59602
www.tripletreemt.corn
TRIPLE TREE ENGINEERING
EXHIBIT D
Owner/Contractor Agreement
1145 Cap Rd//Helena,MT 59602
www.tripletreemt.com
FOR REFERENCE AND REVIEW
AGREEMENT BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)
This Agreement is by and between the City of Laurel ("Owner")and Earth Movers Excavation, Inc.
("Contractor").
Terms used in this Agreement have the meanings stated in the General Conditions and the Supplementary
Conditions.
Owner and Contractor hereby agree as follows:
ARTICLE 1—WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents.The Work is
generally described as follows: The project consists of existing structure demolition, curb and gutter
demolition asphalt demolition and existing FETS removal.Work shall also include a modified diversion
structure modified diversion structure gates 24" x 48" slide gate precast diversion structure, cast in place_
weir wall precast diversion structure grates precast diversion structure overflow Dipe,42"x 60"slide gate,
and a 30" x 42" Waterman SS-251-1 slide gate.
Additional improvements include a proposed parking area and approach excavation and backfill -70 CY 3%"
crushed road base ^22 Tons asphalt PG S8-28 -68 LF of curb and gutter, -543 LF of 43.8" x 26.6" concrete
arch pipe -559 LF of 28 5" x 18" of concrete arch pipe -272 CY of crushed limestone and-2,445 SY of 8-oz
woven separation fabric.
ARTICLE 2—THE PROJECT
2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as
follows: Bernhardt Ditch Improvements
ARTICLE 3—ENGINEER
3.01 The Owner h a s retained Triple Tree Engineering. Inc. ("Engineer")to act as Owner's
representative, assume all duties and responsibilities of Engineer, and have the rights and
authority assigned to Engineer in the Contract.
3.02 The part of the Project that pertains to the Work has been designed by Triple Tree Engineering
ARTICLE 4—CONTRACT TIMES
4.01 Time is of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness
for final payment as stated in the Contract Documents are of the essence of the Contract.
4.03 rent.-ect 4 es.Days
A. The Viepk will be substant ally eemplete WithiRzLQ daYs afteF the date when the QntFaa
EA � i3 d a d., fE)F final ., F13 r gF lone. with o-,. h is; nc of r4,,, f_e.,or�l
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 1 of 8
4.04 Milestones
A. Parts of the Work must be substantially completed on or before the followingMilestone(s):
1. Milestone 1 -Operatinnal Pipe& Structures—April 1,2026
2. Milestone 2—Substantial Completion—April 15 2026
3. Milestone 3 -Final Completion—June 1 2026
4.05 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial and other losses if the Work is not completed and
Milestones not achieved within the Contract Times, as duly modified. The parties also
recognize the delays, expense, and difficulties involved in proving, in a legal or arbitration
proceeding, the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as
liquidated damages for delay(but not as a penalty):
1. Substantial Completion:Contractor shall pay Owner$ 1.400 for each day that
expires after the time (as duly adjusted pursuant to the Contract) specified above for
Substantial Completion, until the Work is substantially complete.
2. Completion of Remaining Work:After Substantial Completion, if Contractor shall neglect,
refuse,orfail to complete the remaining Work within the Contract Times(as duly adjusted
pursuant to the Contract)for completion and readiness forfinal payment,Contractor shall
pay Owner$ 1.400 for each day that expires after such time until the Work is
completed and ready for final payment.
3. Milestones:Contractor shall pay Owner$ 1.400 for each day that expires after the
time (as duly adjusted pursuant to the Contract) specified above for achievement of
Milestone 1, until Milestone 1 is achieved, or until the time specified for Substantial
Completion is reached, at which time the rate indicated in Paragraph 4.05.A.1 will apply,
rather than the Milestone rate.
4. Liquidated damages for failing to timely attain Milestones, Substantial Completion, and
final completion are not additive, and will not be imposed concurrently.
B. If Owner recovers liquidated damages for a delay in completion by Contractor, then such
liquidated damages are Owner's sole and exclusive remedy for such delay, and Owner is
precluded from recovering any other damages, whether actual, direct, excess, or
consequential,for such delay,except for special damages(if any)specified in this Agreement.
4.06 Special Damages
A. Contractor shall reimburse Owner(1)for any fines or penalties imposed on Owner as a direct
result of the Contractor's failure to attain Substantial Completion according to the Contract
Times,and(2)for the actual costs reasonably incurred by Owner for engineering,construction
observation, inspection, and administrative services needed after the time specified in
Paragraph 4.02 for Substantial Completion (as duly adjusted pursuant to the Contract), until
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 2 of 8
the Work is substantially complete.
B. After Contractor achieves Substantial Completion, if Contractor shall neglect, refuse,or fail to
complete the remaining Work within the Contract Times, Contractor shall reimburse Owner
for the actual costs reasonably incurred by Owner for engineering, construction observation,
inspection, and administrative services needed after the time specified in Paragraph 4.02 for
Work to be completed and ready for final payment (as duly adjusted pursuant to the
Contract), until the Work is completed and ready for final payment.
C. The special damages imposed in this paragraph are supplemental to any liquidated damages
for delayed completion established in this Agreement.
ARTICLE 5—CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount equal to the sum of the established unit price for each separately
identified it of the Unit Price Work times the quantity of that item that is constructed and
accepted. Unit prices are those listed in the Unit Price Schedule in the Bid Form. Estimated
quantities used for bidding purposes are not guaranteed. Payment will be for actual quantities
used for bidding purposes are not guaranteed. Payment will be for actual quantities as
determined by the Engineer in accordance with the General Conditions. Unit prices have been
computed as provided in the General Conditions.
A Far- 11 knl L ether th Unit PFiee Werk a Idmp sam of$
actual quaRtity of that
Unit Prma+\A-fGFk
A46, Qua" a PFiee
T 4 I F II C * .1 d PFiGeS FeF 1 I 't PF'ee VV It( bjert to Final
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 3 of 8
C
ARTICLE 6—PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 15 of the General
Conditions.Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments;Retainage
A. Owner shall make progress payments on the basis of Contractor's Applications for Payment
on or about the day of each month during performance of the Work as provided in
Paragraph 6.02.A.1 below,provided that such Applications for Payment have been submitted
in a timely manner and otherwise meet the requirements of the Contract.All such payments
will be measured by the Schedule of Values established as provided in the General Conditions
(and in the case of Unit Price Work based on the number of units completed)or, in the event
there is no Schedule of Values, as provided elsewhere in the Contract.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to
the percentage indicated below but, in each case, less the aggregate of payments
previously made and less such amounts as Owner may withhold, including but not limited
to liquidated damages, in accordance with the Contract.
a. 95 percent of the value of the Work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the Work(with
the balance being retainage).
B. Upon Substantial Completion of the entire construction to be provided under the
construction Contract Documents, Owner shall pay an amount sufficient to increase total
payments to Contractor to percent of the Work completed, less such amounts set off by
Owner pursuant to Paragraph 15.01.E of the General Conditions, and less percent of
Engineer's estimate of the value of Workto be completed or corrected as shown on the punch
list of items to be completed or corrected prior to final payment.
6.03 Final Payment
A. Upon final completion and acceptance of the Work, Owner shall pay the remainder of the
Contract Price in accordance with Paragraph 15.06 of the General Conditions.
6.04 Consent of Surety
A. Owner will not make final payment,or return or release retainage at Substantial Completion
or any other time, unless Contractor submits written consent of the surety to such payment,
return, or release.
6.05 Interest
A. All amounts not paid when due will bear interest at the rate e#at the maximur;; rate allowed by
EJCDC®C-520,Agreement between owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 4 of 8
law at the place of the Proiect percent per annum.
ARTICLE 7—CONTRACT DOCUMENTS
7.01 Contents
A. The Contract Documents consist of all of the following:
1. This Agreement.
2. Bonds:
a. Performance bond (together with power of attorney).
b. Payment bond (together with power of attorney).
3. General Conditions.
4. Supplementary Conditions.
5. Specifications as listed in the table of contents of the project manual (copy of list
attached).
6. Drawings(not attached but incorporated by reference) consisting of 17 sheets with
each sheet bearing the following general title: Bernhardt Ditch Improvements
7. Drawings listed on the attached sheet index.
8. Addenda (numbers 1 to 3 inclusive).
9. Exhibits to this Agreement(enumerated as follows):
a.
10. The following which may be delivered or issued on or after the Effective Date of the
Contract and are not attached hereto:
a. Notice to Proceed.
b. Work Change Directives.
c. Change Orders.
d. Field Orders.
e. Warranty Bond, if any.
B. The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement(except
as expressly noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 7.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
the Contract.
ARTICLE 8—REPRESENTATIONS,CERTIFICATIONS,AND STIPULATIONS
8.01 Contractor's Representations
A. In order to induce Owner to enter into this Contract,Contractor makes the following
representations:
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 5 of 8
1. Contractor has examined and carefully studied the Contract Documents, including
Addenda.
2. Contractor has visited the Site, conducted a thorough visual examination of the Site and
adjacent areas,and become familiar with the general, local,and Site conditions that may
affect cost, progress, and performance of the Work.
3. Contractor is familiar with all Laws and Regulations that may affect cost, progress, and
performance of the Work.
4. Contractor has carefully studied the reports of explorations and tests of subsurface
conditions at or adjacent to the Site and the drawings of physical conditions relating to
existing surface or subsurface structures at the Site that have been identified in the
Supplementary Conditions, with respect to the Technical Data in such reports and
drawings.
5. Contractor has carefully studied the reports and drawings relating to Hazardous
Environmental Conditions, if any, at or adjacent to the Site that have been identified in
the Supplementary Conditions, with respect to Technical Data in such reports and
drawings.
6. Contractor has considered the information known to Contractor itself; information
commonly known to contractors doing business in the locality of the Site;information and
observations obtained from visits to the Site;the Contract Documents;and the Technical
Data identified in the Supplementary Conditions or by definition, with respect to the
effect of such information,observations,and Technical Data on(a)the cost,progress,and
performance of the Work; (b) the means, methods, techniques, sequences, and
procedures of construction to be employed by Contractor; and (c) Contractor's safety
precautions and programs.
7. Based on the information and observations referred to in the preceding paragraph,
Contractor agrees that no further examinations, investigations, explorations, tests,
studies, or data are necessary for the performance of the Work at the Contract Price,
within the Contract Times,and in accordance with the other terms and conditions of the
Contract.
8. Contractor is aware of the general nature of work to be performed by Owner and others
at the Site that relates to the Work as indicated in the Contract Documents.
9. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and of
discrepancies between Site conditions and the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
10. The Contract Documents are generally sufficient to indicate and convey understanding of
all terms and conditions for performance and furnishing of the Work.
11. Contractor's entry into this Contract constitutes an incontrovertible representation by
Contractor that without exception all prices in the Agreement are premised upon
performing and furnishing the Work required by the Contract Documents.
8.02 Contractor's Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
EJCDC®C-520,Agreement between owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 6 of 8
8.02:
1. "corrupt practice" means the offering, giving, receiving, or soliciting of anything of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. "fraudulent practice" means an intentional misrepresentation of facts made (a) to
influence the bidding process orthe execution of the Contractto the detriment of Owner,
(b)to establish Bid or Contract prices at artificial non-competitive levels, or(c)to deprive
Owner of the benefits of free and open competition;
3. "collusive practice" means a scheme or arrangement between two or more Bidders,with
or without the knowledge of Owner, a purpose of which is to establish Bid prices at
artificial, non-competitive levels; and
4. "coercive practice" means harming or threatening to harm,directly or indirectly,persons
or their property to influence their participation in the bidding process or affect the
execution of the Contract.
8.03 Standard General Conditions
A. Owner stipulates that if the General Conditions that are made a part of this Contract are
EJCDC® C-700, Standard General Conditions for the Construction Contract (2018), published
by the Engineers Joint Contract Documents Committee, and if Owner is the party that has
furnished said General Conditions, then Owner has plainly shown all modifications to the
standard wording of such published document to the Contractor,through a process such as
highlighting or"track changes" (redline/strikeout), or in the Supplementary Conditions.
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 7 of 8
IN WITNESS WHEREOF,Owner and Contractor have signed this Agreement.
This Agreement will be effective on (which is the Effective Date of the Contract).
Owner: Contractor:
City of Laurel Earth Movers Excavation, Inc.
(typed or printed name of organization) (typed or printed name of organization)
By: By:
(individual's signature) (individual's signature)
Date: Date:
(date signed) (date signed)
Name: Dave Waeeoner Name:
(typed or printed) (typed or printed)
Title: Mayor Title:
(typed or printed) (typed or printed)
(If[Type of Entity]is a corporation,a partnership,or a
joint venture,attach evidence of authority to sign.)
Attest: Attest:
(individual's signature) (individual's signature)
Title: Title:
(typed or printed) (typed or printed)
Address forgiving notices: Address for giving notices:
Designated Representative: Designated Representative:
Name: Name:
(typed or printed) (typed or printed)
Title: Title:
(typed or printed) (typed or printed)
Address: Address:
Phone: Phone:
Email. Email:
(If[Type of Entity]is a corporation,attach evidence of License No.:
authority to sign.If[Type of Entity]is a public body, (where applicable)
attach evidence of authority to sign and resolution or
other documents authorizing execution of this State:
Agreement.)
EJCDC®C-520,Agreement between Owner and Contractor for Construction Contract.
Copyright°2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American Society of Civil Engineers.All rights reserved.Modified to include RD edits from RUS Bulletin 1780-26(6/16/2020).
Page 8 of 8
TRIPLE TREE ENGINEERING
EXHIBIT E
Notice to Proceed
1145 Cap Rd//Helena,MT 59602
www.tripletreei-nt.com
NOTICE OF AWARD
Date of Issuance:11/10/2025
Owner: City of Laurel Owner's Project No.: N/A
Engineer:Triple Tree Engineering,Inc. Project No.:25-034
Project: Bernhardt Ditch Improvements Project
Cote
Bidder: Earth Movers Excavation,Inc
Bidder's Address: 2209 Airport Road
P.O. Box 957
Laurel,MT 59604
You are notified that Owner has accepted your Bid dated 10/30/2025farthe above Contract,and that you
are the Successful Bidder and are awarded aContractfor: Base Bid.
The Contract Price of the awarded Contract is$587 4�_ContractPriceissubjectto
adjustment based onthe provisions oftheContract,including but not limited to those governing
changes, Unit Price Work,and Work performed on a cost-plus-fee basis,as applicable.
3 unexecuted counterparts of the Agreement accompany this Notice of Award,and one copy
of the Contract Documents accompanies this Notice of Award,or has been transmitted or made
available to Bidder electronically.
0 Drawings will be delivered separately from the other Contract Documents,
You must comply with the following conditions precedent within 15 days of the date of receipt of this Notice
of Award:
1. DelivertoOwner 3 counterparts of the Agreement,signed by Bidder(as Contractor).
2. Deliverwiththe signed Agreement(s)theContractsecurity(such as required performanceand
payment bonds)and insurance documentation,asspecffied inthe InstructionstoBidders and in the
General Conditions,Articles 2 and 6.
3. Other conditions precedent(if any) None
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award,and declare your Bid security forfeited.
Within 10 days afteryou comply with the above conditions,Ownerwili return toyou onefullysigned
counterpart of the Agreement,together with anyadditional copies of the Contract Documents as indicated
in Paragraph 2.02 of the General Conditions.
Owner: t of Laurei
By (signature):
Name(printed): Dove Waggoner_
Title: Mayor
Copy: Engineer
EJCDC'C-510,Notice of Award
Copyright'2018 National Society of Professional Engineers,American Council of Engineering Companies,
and American society of Civil Engineers.All rights reserved.
Page 1 of 1