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1977-15 '" I PROPOSAL OF . MACASPHALT CORPORATION Name P. O. Box 1819, Winter Haven, Florida 33880 Address FOR RESURFACING WITH TYPE III ASPHALTIC CONCRETE SURFACE COURSE ON VARIOUS CITY STREETS IN CLERMONT, LAKE COUNTY, FLORIDA. TO THE CITY OF CLERMONT, LAKE COUNTY, FLORIDA: We, the undersigned, hereby declare that no person or persons, firm or corporation, other than the undersigned, are interested in this proposal, as principals, and that this Proposal is made without collusion with any person, firm or corporation, and we have carefully and to our full satisfaction examined the Special Provisions and form of Contract and Bond, together with the Plans and Specifications pre- pared by the City of Clermont, Florida, and that we have made a full examination of the location of the proposed work and sources of supply of materials, and we hereby agree to furnish all necessary labor, equipment, and materials, fully understanding that the quantities shown herewith are approximate only, and that we will fully complete all necessary work in accordance with the Plans and Specifications, and the requirements under them of the City of Clermont, within the time limit specified in this Proposal for the following unit prices, to wit: 1 ... II . TABULATION OF QUANTITIES Approximate or Lump Sum Bid Unit . Item Items & Units Amount No. Quantities Price (Prices to be written in Prices words) 1 5000 Tons Surface Course, Asphaltic Concrete Type III (2000# Stability) 20 49 102,445 00 2 Lump Sum Laboratory Testing 150( 00 1,500 00 TOTAL OF PROPOSAL $ 103,945.00 2 II . The undersigned further agrees to execute the Contract within 10 calendar days after the date on which the notice of award has been given, and to fully complete all necessary work under same within not more than 75 ' calendar days after execution of the Contract. The undersigned further agrees to furnish a sufficient and satisfactory Bond in the sum of not less than 100 percent of the Contract price of the work as indicated by the approximate quantities shown herein. The undersigned further agrees to bea,r the full cost of maintaining all work until the final acceptance. Accompanying this Proposal is a Proposal Guaranty, maoe payable to the City of Clermont, "Florida, in the sum of 5% of Bid Dollars ($ ),which guaranty is to be forfeited as liquidated damages if, in case this Proposal is accepted, the undersigned shall fail to execute the Contract under the conditions of this Proposal, otherwise, the guaranty is to be returned to the undersigned upon deliv- ery of a satisfactory Performance Bond. MACASPHALT CORPORATION Signature ~ ' ~.;' Address P. o. Box 1819, Winter Haven, FL 33880 Signature~~ ~~~ (Seal) (Seal) Address P. O. Box 1819, Winter Haven, FL 33880 CORPORATE SEAL (i f any) ACCEPTED by the City Council of the City of Clermont at their Regular Meeting hel~~ Clau e E. Smoak,J . Mayor ATTEST: DQ~d.4tfr1~~ Clerk 1 ", IN~ INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA PENNSYLVANIA - Proposal or Bid Bond KNOYV ALL MEN BY THESE PRESENTS, THAT WE Macasphalt Corporation as principal, and the INSURANCE COMPANY OF NORTH AMERICA, a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, having its principal place of business at Philadelphia, Pa., as surety, are held and firmly bound unto City of Clermont, Florida as obligee, in the penal sum of Five Percent of Bid (5% of Bid) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. SIGNED, sealed and dated this 22nd day of February A. D. 19 77 WHEREAS, the said principal is herewith submitting proposal for Project No. 102 Various City Streets in City of Clermont, Florida. THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, that if the aforesaid principal shall be awarded the contract, the said principal will within the period specified therefor, or, if no period be specified, within ten (10) days after the notice of such award enter into a contract and give bond for the faithful performance of the contract, then this obligation shall be null and void, otherwise the principal and the surety will pay unto the obligee the difference in money between the amount of the bid of the said principal and the amount for which the obligee may legally contract with another party to perform the work if the latter amount be in excess of the former; in no event shall the liability hereunder exceed the penal sum hereof. PROVIDED AND SUBJECT TO THE CONDITION PRECEDENT, that any suits at law or proceedings in equity brought or to be brought against the Surety to recover any claim hereunder must be instituted and service had upon the Surety within ninety (90) days after the acceptance of said bid of the Principal by the Obligee. ~SI:;e,.rI~.~......... A eY-1n-Fact 85-1946 PRINTED IN U.S.A. A , POWER OF AnORNEY INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, P A. - 1&nob.1 all men bp tbe,Ue pre,Uent,U: That the INSURANCE COMPANY OF NORTH AMERICA, a corporation of the Commonwealth of Pennsylvania, having its principal office in the City of Philadelphia, Pennsylvania, pursuant to the following Resolution, which was adopted by the Board of Directors of the said Company on June 9, 1953, to wit: "RESOLVED. pursuant to Articles 3.6 and 5.1 of the By-Laws, that the following Rules shall govern the execution for the Company of bonds, undertakings. recognizances, contracts and other writings in the nature thereof: (1) "Such writings shall be signed by the President, a Vice President, an Assistant Vice President, a Resident Vice President or an Attorney-in-Fact. (2) "Unless signed by an Attorney-in-Fact, such writings shall have the seal of the Company affixed thereto. duly attested by the Secretary. an Assistant Secretary or a Resident Assistant Secretary. When such writings are signed by an Attorney-in-Fact, he shall either affix an impression of the Company's seal or use some other generally accepted method of indicating use of. a seal (as by writing the word "Seal" or the letters "L.S." after his signature) (3) "Resident Vice Presidents. Resident Assistant Secretaries and Attorneys-in-Fact may be appointed by the President or any Vice President, with such limits on their authority to bind the Company as the appointing officer may see fit to impose. (4) "Such Resident Officers and Attorneys-in-Fact shall have authority to act as aforesaid, whether or not the President, the Secretary. or both, be absent or incapacitated; and shall also have authority to certify or verify copies of this Resolu- tion, the By-Laws of the Company. and any affidavit or record of the 'Company necessary to the discharge of their duties. (5) "Any such writing executed in accordance with these Rules ~hall be as binding upon the Company in any case as though signed by the President and att~sted by the Secretary." does hereby nominate, constitute and appoint HARRY G. GREEN and TERRY B. GREEN, both of the City of Lake1and, State of Florida its true and lawful agent and attorney -in-fact, to make, execute, seal and deliver for and on its behalf, and asits~tanddeed any and all bonds & undertakings, in UNLIMITED amounts, on behalf of Macaspha1t Corporation and/or Ashland Oil, Inc. Said Bonds & Undertakings to be signed for the Company and the Seal of the Company attached thereto by either one of the said Harry G. Green or Terry B. Green, individually. And the execution of such bonds or undertakings in pursuance of these presents. shall be as binding upon said Company, as fully and amply. to all intents and purposes, as if they had been duly executed and ~knowledged by the regularly elected officers of the Company at its office in Philadelphia, Commonwealth of Pennsylvania, in their own proper persons. IN WITNESS WHEREOF, the sairlm..m.................C..c.DANIEL..DRAKE............m..........m., Vice-President, has hereunto subscribed his name and affixed the corporate seal of the said INSURANCE COMPANY OF NORTH AMERICA this..................3.rd...................day of.........June..........................19.7..4.... INSURANCE COMPANY OF NORTH AMERICA (SEAL) by.....................C..o....D.ANIEL...D.RAKE................................................ Vice-President. STATE OF PENNSYLV ANIA ~ COUNTY OF PHILADELPHIA 5 ss. On this........................Jr.9........................day of................J.u.m~.............................., A. D. 19..7,4,.., before the subscriber, a Notary Public of the Commonwealth of Pennsylvania, in and for the County of Philadelphia, duly commissioned and qualified, came ...................................................................C.L...DANIEL...DRAKE............................................................. Vice-President of the INSURANCE COMPANY OF NORTH AMERICA to me personally known to be the individual and officer described in, and who executed the preceding instrument, and he acknowledged the execution of the same, and. being by me duly sworn, deposeth and saith, that he is the officer of the Company aforesaid. and that the seal affixed to the preceding instrument is the corporate seal of said Company, and the said corporate seal and his signature as officer were duly affixed and subscribed to the said instru- ment by the authority and direction of the said corporation, and that Resolution, adopted by the Board of Directors of said Company. referred to in the preceding instrument, is now in force. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official seal at the City of Philadelphia, the day and year first above written. ............mNANgX...~.~....~~Q~.............................m......m................ Notary Public. RECE:\VEO A PR 1 8 1971 . ,1'..". .,/!iJIohi'.- "f. Mtt'::SPHAL~~1 ~ TELEPHONE (813) 294-7641 P. O. BOX 1819 * WINTER HAVEN, FLORIDA 33880 April 15, 1977 . City of Clermont City Hall Clermont, Florida 32711 RE: Resurfacing with Type III Asphaltic Concrete Surface Course on Various City Streets in Clermont, Lake County, Florida Gentlemen: We are in receipt of a copy of our bid proposal for the above sub- ject project which was accepted by the City Council at their regular meeting on March 8, 1977. In accordance with the requirements, we have enclosed our Performance and Payment Bond in the full amount of the contract. Should you require any additional information, please contact our office. Very truly yours, ~MA~ALTCORPORATION /t'c~ K. C. Holt Contro 11 er KCH/nr Enclosures ,,' ,........ PERFORMANCE AND PAY~ENT nOND .... KN(ll.1 ALL MEN 'ny . THES E P.RESENTS: .}f.AC~SPHALT CORPORATiON .., That.'~e 'l"~ ... , ~ .....: . . . < . . as ~ . ',:::,.' ~'::--:"~.'::- }. ~. :";". ~.:.i . ..~':;... P~incipa1 and Insurance Co. of North America, as Surety, are b'otin'd to " THE CITY OF CLERMONT, LAKE COUNTY, . FLORIDA ,herein called O~ner, in the sum of -,,- One Hundred Three Thousand Nine Hundred Fortv-five and nO/lOa - - _ _ _ _ _00 11 a r s lor th~ payment ofwhi~h we hi~d ourselves, .our personal representatives, . successors :tnd assigns, .jointly and sever.~11Y.'.. HHEREAS, Pr.incipal..h'as entered into a 'contract dAted Anri1 14. ,19~ '.d. t h n w n e r f ('I r Resurfacing with type III asphaltic concrete surfac~ course on various streets in Clermont, Lake r.ountv, ~lorida ~ '.lhtcil ennl r,"lct is hv reference made .'1 part her:eof. and is hereinAfter referre . 0 .1 S the r. (1 n t r .1 (' t . T 11 F (' f.) \ f) I T F) N 0 F T J 11 S R () N 0 i s t h ~ t ;f. f P r i n c i pal : 'l. perfrirrns. the contract a~ the tImes and in the 6:tnner prescrihec : nth p con t r act :: n d ,., " rom p t 1 Y 11.'1 k (a SpA Y men t s to a 11 . per son s sup ply i n f!. P r i n c i pal wit t ;C1hnr, n<1tp,i :.!;. :tnri :.lJpp1ips, used directly oc indirectly hy Principal or ~uhcontr.1~tor~ in the prosecution of the work provided fnr in the contract AS r>r~scrjh(>d !'" s...ction 255.05 nr section 713.23. Florida Statutes, whichevE ; s ,1 T' P 1 i. c ;1 '", 1 L' t f' t Ii e con t r :l c t, r1 n c1 3~ p.1YS 0\,'n.eT .111.105s, damages, CO,sts and attorneys fees that ... IN n f' r S II st .'1 i. '! s h (' (' ,q I: S'C' n f d e f a II 1. thy P r i n c i pal ~ un d e r the c. 0 n tr act . an c1 i,.. ..~) (, r for '71 s the r. u ;! ran tee 0 f ;} 11 \-10 r k an c1 mat e ria 1 s f \I r n i 5 he dun d 1 . h e- con t r ,,": (. t :11' ~ 1 i c ., ~ 1 e t (' t h (' IN 0 r k ;.! n rl mat e r i' a 1 s t . hen t Ii is. ;, (J !11! i s v cd d; 0 t h t?' noli s P. i t rem il ins i. n f \1 1 1 for c e .. .~ .. " :, c' f' r (''-' i s i " n ::; il T1 r! " 'I. 0 r i rl ,1 S t" r> ~ :: r p s. '.,' I~ i .- !, " \' .~ r i <; :: l) ish 0 n d .. ,', f ,- r .~ n (' f' . 1 imi tat ions i1rplic<lh1e of to section 255.05 n~ sectinn 713.2 the contract, are inc~rporilted ;-: 1 ';'! I;! I ',:' ') <; r:-:' 1. r!: !) t: ____.._ Anri.1 14 !..__ , , ,1<177 -e . - --.... ',:', ,( Sea 1 ) - AMERlr.A (Spa1) Harrv