EXHIBIT 10.86
New Mexico State Highway and Transportation Department
PROPOSAL
OF
NAME MEADOW VALLEY CONTRACTORS, INC. TELEPHONE NO. (602) 437-5400
ADDRESS P.O. BOX 60726 PHOENIX, AZ 85082-0726
*CONTRACTOR'S LICENSE NO. 057280 *LICENSE CLASSIFICATION GA98, GF01 & GF02
*RESIDENT BIDDER CERTIFICATE NO.____________________________________________
*Not Required for Bidding on Federal-Aid Projects
TO THE STATE HIGHWAY AND TRANSPORTATION DEPARTMENT:
The undersigned proposes to construct this project in accordance with the State
Highway and Transportation Department's current Standard Specifications for Road
and Bridge Construction, the plans, the Special Provisions, the Specifications
and all other contract documents and certifies to furnish and deliver all the
material and to do all work and labor required for the construction of New
Mexico Project No. TPA-(TPO)-0048(10) in LINCOLN County, New Mexico on Road No.
NM 48 CN 0999R being about 2.616 miles in length, at the prices stated in the
Proposal Schedule. The undersigned also certifies that he has examined the site
of the proposed work, the material pits, the haul roads, the proposal, the
plans, the specifications, the Special Provisions and all other contract
documents before submitting the bid and is satisfied as to the requirements
therein.
As further consideration for the award of this contract, the undersigned agrees
to the following terms, conditions and acknowledgements:
1. To execute the standard form contract and to furnish a contract bond in the
amount of One Hundred Percent (100%) of the total bid price of this proposal
within fifteen (15) days after receiving notification of the acceptance of this
proposal, and failing to do so, to forfeit the accompanying check or proposal
bond to the State as liquidated damages, and the Secretary of Highways and
Transportation may proceed to award the contract to others.
2. To commence work within 15 days, or such additional time as may be allowed
in writing by the Secretary of Highways and Transportation, after notification
of award of contract, and to complete the contract as awarded in (295) working
days.
3. To furnish a performance and payment bond in the penalty of full amount of
contract as surety conditioned for the full, complete and faithful performance
of this contract.
4. The undersigned declares that he is the only person or party interested in
the proposal as principal and that its officers, employees, subsidiaries or
parent corporations (check box a., b., or c. as appropriate):
(x) a. have not in any way participated in any activities in restraint of trade,
or been debarred with relation to public contracts either in the State of New
Mexico or any other State of the United States or on any federally-assisted
contract during the five year period immediately preceding this proposal or
either directly entered into any agreement, participated in any collusion or
otherwise take any action in restraint of free competitive bidding in connection
with this contract.
( ) b. have participated in activities in restraint of trade with relation to
public contracts either in the State of New Mexico or any other State of the
United States or on any federally assisted contracts during the five-year period
immediately preceding this proposal or entered into collusion, or restraint of
free competitive bidding on this contract, and are of the opinion that they are
a responsible bidder entitled to the award of a contract involving, public
moneys and attach hereto an explanation of their activities in restraint of free
trade, restraint of free competitive bidding, or collusion.
( ) c. The contractor has the option to submit an unsworn non collusion
declaration, under penalty of perjury under the laws of the United States. See
Form No. A-870 - Declaration of Non Collusion for Award of Contract. Activities
in restraint of trade include those set forth in New Mexico Statutes Armotated,
Section 57-1-1 (1978 Edition as amended, and following). The undersigned
declares that this section has been read and is fully understood.
5. In accordance with the contract, plans and specifications, repair, maintain
and guarantee all work performed thereunder until accepted by the Secretary of
Highways and Transportation.
SEE NOTICE TO CONTRACTORS (MARCH 14, 1990) ON LOBBYING ACTIVITIES
6. To indemnify and save harmless the State Highway and Transportation
Department from any damage or loss for which the Department may become liable by
the default of said Contractor, or by reason of any neglect or carelessness on
the part of said Contractor, his agents or employees, or by on account of any
act of omission of said Contractor, his servants, agents or employees, in the
performance of this contract.
7. The established DB goal for this project is 13%.
In accordance with 49 CFR Part 23, the Department's Disadvantaged Business
Assistance Program, the applicable Special Provisions, modification to the
Special Provisions, the undersigned (Check a., b., c. as appropriate):
(X) a. Assures to meet or exceed the established DB goal.
( ) b. Cannot meet the established DB goal and assures to meet or exceed a DB
goal of _____________%. All documentation indicating the good faith efforts to
meet the established DB goal will be submitted within five (5) working days
following the bid opening.
( ) c. Is a Department certified Disadvantaged Business.
8. The undersigned, as the apparent low bidder, further assures that he will
submit Form A-585, DBA-1 (for federally funded projects) within five (5) working
days following the bid opening to the Department's Disadvantage Business
Assistance Section. Failure to submit this form within the specified time shall
render the bid non-responsive. If 8.c is checked above, the contractors is not
required to submit Form A-585, DBA-1.
9. The bidder, hereby certifies that he has (X) has not ( ), participated in a
previous contract or subcontract subject to the equal opportunity clause as
required by Executive Orders 11246, 10925 and 11114 as amended, and that he has
(X), has not ( ), filed with the Office of Federal Contract Compliance Program
all reports due under the applicable filing requirements.
10. We acknowledge the receipt of the following Addenda:
NO. DATE NO. DATE
________________________________________________________________________________
________________________________________________________________________________
11. The undersigned agrees that any and all claims that the undersigned may
have for overcharges resulting from antitrust violations as to goods, services
and materials purchased in connection with this bid are hereby assigned to the
State of New Mexico, but only to the extent that such overcharges are passed
on the State. The undersigned further agrees to require its Subcontractors to
assign any and all such claim for overcharges to the State, but only to the
extent such overcharges are passed on to the State, by executing an assignment
on a form obtainable from the Engineer prior to the commencement of work by a
Subcontractor. The undersigned retains all rights to any such antitrust claims
to the extent of any overcharges not passed on to the State.
12. The undersigned tenders herewith, as a proposal guarantee for which receipt
has been given, a certified check, bid, bond, cashier's check, postal money
order or bank money order in the amount of at least 5% of the amount bid drawn
to the order of the New Mexico State Transportation Department.
MEADOW VALLEY CONTRACTORS, INC.
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Organization
By: Robert W. Bottcher
-----------------------------------
Title: AREA MANAGER
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SUBSCRIBED AND SWORN TO ME ON THIS:
8 DAY OF MAY, 1998
My Commission Expires: June 17, 2001
[SEAL]
NEW MEXICO STATE HIGHWAY AND DATE: 04/07/98
TRANSPORTATION DEPARTMENT TIME: 14:37
PAGE: 10
PROJECT(S) : TPA- (TPO)-0048(10)
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LINE ITEM APPROX. UNIT PRICE BID AMOUNT
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NO DESCRIPTION QUANTITY
AND UNITS DOLLARS CTS DOLLARS CTS
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721000 REMOVAL OF
0900 PAVEMENT STRIPE 13,630.000
L.F. 0.85 11585.50
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801000 CONSTRUCTION
0910 STAKING BY THE CONTRACTOR LUMP 85,000.65
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SECTION 0001 TOTAL 7,568,420.00
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TOTAL BID 7,568,420.00
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