ALA Docwnent A105

Standard Form of AgreementBetween Owner and Contractor

for a Small Projectwhere the Basis ofPayment is a STIPULATED SUM

1993 SMALL PROJECTS EDITION

Because this document has important legal consequences, we encourage you to consult with anattorney before signing it. Some states mandate a cancellation period or require other speqfic

disclosures, including warningsfor home improvement contracts, when a document such as this willbe usedfor Work on the Owner~s personal residence. Your attorney should insert all language required

by state or local law to be included in this Agreement. Such statements may be entered in the spaceprovided below, or ~f required by law, above the signatures of the parties.

This AGREEMENT is made:(Date) This 18th dat of December, 2008

BETWEEN the Owner: Champaign County Administrative ServicesBrookens Administrative Center1776 East Washington StreetUrbana, IL 61802

and the Contractor: Roessler Construction Co.P.O. Box 590Rantoul, IL 61866

for the following Project: Exterior Metal Wall ReplacementSouth Highway Maintenance Facility

The Architect iS:

The Owner and Contractor agree as follows.

©Copyright 1993 by The American Institute of Architects, 1735 New York Avenue, NW., Washington, D.C. 20006-5292. Reproduction of the material hereinor substantial quotation of its provisions without the written permission of the AlA violates the copyright laws of the United States and will subject the violator tolegal prosecution.

~ AlA DOCUMENT M05 OWNER-CONTRACTOR AGREEMENT—SMALL PROJECTSEDITION • AlA” ©1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEWYORK

-- . AVENUE. NW., WASHINGTON, D.C. 20006-5292 WARNING: Unlicensed photocopying~ violates U.S. copyright laws and will subject the violator to legal prosecution. Al 05—1993

ARTICLE 1

THE CONTRACT DOCUMENTS

The Contractor shall complete the Work described in the Contract Documents for the project. The Contract Documents consist of:

.1 this Agreement signed by the Owner and Contractor;

.2 AlA Document A205, General Conditions of the Contract for Construction of a Small Project, current edition;

.3 the Drawings and Specifications prepared by the Architect, datedand enumerated as follows:

Drawings:

Specifications:

.4 addenda prepared by the Architect as follows:

.5 written change orders or orders for minor changes in the Work issued after execution of this Agreement; and

.6 other documents, if any, identified as follows:

AlA DOCUMENT A105 OWNER-CONTp.p~CTo~ AGREEMENT—S?~jL PROJECTSEDITION • AIA° ©1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVEItIJE, NW,, WASHINGTON, D.C. 20006-5292 • WARNING: Unlicensed photocopyingviolates U.S. copyright laws and will subject the violator to leaal orosecution. A-f nc 1~fl’~ ‘)

ARTICLE 2

DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION DATE

The date of commencement shall be the date of this Agreement unless otherwise indicated below. The Contractor shall substantiallycomplete the Work not later thansubject to adjustment by Change Order.(Insert the dare or number ofcalendar days after the dale ofcommencelnenl.)

Work shall commence 15 days after Notice to Proceed and shall be substantiallycomplete 65 days after commencement.

ARTICLE 3

CONTRACT SUM

31 Subject to additions and deductions by Change Order, the Contract Sum is: One Hundred Six ThousandNine Hundred Seventy and OO/lOOths.Dollars ($106,970.00)

3.2 For purposes of payment, the Contract Sum includes the following values related to portions of the Work:

Portion of Work VaLue

3.3 The Contract Sum shall include all items and services necessary for the proper execution and completion of the Work.

AlA DOCUMENT AiDS • OWNER-CONTRACTOR AGREEMENT—SMALL PROJECTSEDmON A1A~ • © 1993 THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORKAVENUE, NW., WASHINGTON, D.C. 20006-5292 . WARNING: Unlicensed photocopyingviolates U.S. copyright laws and will subject the violator to legal prosecution. Al 05—1993 3

ARTICLE 4

PAYMENT

4.1 Based on Contractor’s Applications for Payment certified by the Architect, the Owner shall pay the Contractor as follows:(Here irtsertpat’inent procedures andprovisionsfor retainage, i/am.)

4.2 Payments due and unpaid under the Contract Documents shall bear interest from the date payment is due at the rate ofor in the absence thereof~ at the legal rate prevailing at the place of the Project.

(Usury laws and requirements under the Federal Truth in Lending Ac4 similar state and local consumer credit laws and other regulations at the Ou’ner~ and Cont;-actor~epnncipalplaces ofbnsiness the location of the Project and elseu’here may affect the validity of this provision.)

ARTICLE 5

INSURANCE

5.1 The Contractor shall provide Contractor’s Liability and other Insurance as follows:(Insert spec(flc insurance required by the Owner.)

5.2 The Owner shall provide Owner’s Liability and Owner’s Property Insurance as follows:(Insert spec(/ic insurancefurnished bl’ the Owner)

5.3 The Contractor shall obtain an endorsement to its general liability insurance policy to cover the Contractor’s obligations underParagraph 3.12 ofAlA Document A205, General Conditions of the Contract for Construction of Small Projects.

5.4 Certificates of insurance shall be provided by each party showing their respective coverages prior to commencement ofthe Work.

AlA DOCUMENT A105 • OWNER-CONTRACTOR AGREEMENT—SMALL PROJECTSEDITION AlA~ ©1993 THE AMERICAN INSTITUTE 0FARCHn-EcT5, 1735 NEWYORKAVENUE, N.W., WASHINGTON, D.C. 20006-5292 WARNING: Unlicensed photocopyingviolates U.S. copyright laws and will sublect the violator to legal prosecution. Al 05—1993 4

ARTICLE 6

OTHER TERMS AND CONDITIONS

This Agreement entered into as of the day and year first written above.(([required by law, insert cancellation pe,-ioa~ disclosures or other warning statements above the signatures.)

CONTRA~~ Roessler nstruction Co.

JURISDICTION

CAUTION: You should sign an original AlA document which has this caution printed in red.T ~1 ~ An original assures that changes will not be obscured as may occur when documents are reproduced.~ See Instruction Sheet for Limited License for Reproduction of this document.

AlA DOCUMENT A105 • OWNER-CONTRACTOR AGREEMENT—SMALL PR JECTSEDITION • AJA • ©1993 • THE AMERICAN INSTITUrE OFARCHrrECTS, 1735 NEWYORKAVENUE, NW., WASHINGTON, D.C. 20006-5292 WARNING: Unlicensed photocopyingviolates US. convrinht bws cnn ~,llI •i,ic,.+ the ~nIct,.n I., I~.,,I

(insert any other tern,s or conditions below.)

OWNER Champaign CountyAdministrative Services

(Sz~n1~,i,~ø~c4. ?~(Printed name, title and address)

1776 East Washington

Urbana, IL 61802

.,-

(Signature)

Kenneth W. Roessler, Vice President(Printed name~ title and address)

P.O. Box 590

Rantoul, IL 61866

UCENSE NO.

CHAMPAIGN COUNTY ADMINISTRATIVE SERVICES

1776 EAST WASHINGTON ADMINISTRATIVE SUPPORTURBANA, IL 61802 DATA PROCESSING(217) 384-3776 MICROGRAPHICS(217) 384-3765 — PHYSICAL PLANT PURCHASING(217) 384-3896 — FAX PHYSICAL PLANT(217)384-3864— TDD SALARY ADMI NISTRATIONWebsite: www.co.champaiqn.iI.us

November 21, 2008

Roessler Construction CompanyMr. Kenneth W. Roessler, Vice President318Y2S.TannerRantoul, Illinois 61866

Re: Notice to Proceed — Exterior Metal Wall Replacement/South Highway Maintenance Facility

Dear Kenny:

On behalf of the Champaign County Board I am issuing this letter as your official notice to proceed with thework for the removal of the existing metal wall system, purchase and installation of a new metal wall systemon the County’s South Highway Maintenance facility. Please proceed immediately with the preparation ofdocuments for the work to be performed. The total contract amount is $106,970.

Upon receipt of this letter, please forward to Alan Reinhart insurance certificate, payment bond, andperformance bond as specified. The insurance certificate must be in the County’s possession prior to movingonto the site and the bonds must be received prior to Champaign County Board signing the contract. Andfinally, proceed immediately with the submittal preparation to expedite fabrication and delivery of materials.

If you have any questions during the interim, please feel free to contact myself or Alan Reinhart at 384-3765.We look forward to working with you on this project.

Sincerely,

DennyCounty Administrator/Facilities & Procurement

CC: Alan Reinhart

CHAMPAIGN COUNTY ADMINISTRATIVE SERVICES

1776 EAST WASHINGTONURBANA, IL 61802 ADMINISTRA~VE SUPPORT

- MICROGRAPHICS

Website:www.cc~champaign.iI us SALARY ADM1MSTRAT1ON

CHAMPAIGN COUNTY INSURANCE GUIDELINES

1. Binders/Certificates of Endorsements/Endorsements/Coverage Verification: All Pro-posers submitting Proposal s must provide binders or certificates of endorsement insuranceforms as completed by authorized agent or broker. (Use our forms — attached). Insurancecoverage must be placed with an insurance Proposer that has at least a Best a rating. Thecertificates for each insurance policy are to be signed by a person authorized by that insurer tobind coverage on its behalf. Champaign County reserves the right to require complete,certified copies of all required insurance policies at any time. If subcontractors are to beutilized, Proposers shall include them as insured’s and shall furnish separate certificates ofinsurance and endorsements for each awarded Proposer.

2. Adjustments to Insurance Policy: Each insurance policy required by this clause shall beendorsed to County that coverage shall not be suspended, voided, cancelled by either party,reduced in coverage or in limits except after twenty (20) days prior written notice by certifiedmail, return receipt requested, has been given to Champaign County.

3. Minimum Limits of Insurance: Proposers shall maintain each category of insurance andits corresponding minimums —

a. BROAD FORM COMPREHENSiVE GENERAL LIABILITY:$1,000,000 combined single limit per occurrence for bodily injury, personal injury and

property damage. Contractual Liability, Broad Form Property Damage, Products and Completed Operations Liability insurance is to be carried in sufficient aggregate value as to sufficiently cover this prqject.

Policies are to contain the following provisions:

1. Champaign County, its officials and employees are to be covered as insured’sas respects: liability arising out of activities peribrmed by or on the behalf of the Vendor;products and completed operations of the Vendor, or all automobiles utiuize(l by the Vendor.The coverage shall contain no special limitations on the scope of protection afforded toChampaign County, its officials or employees.

Request for Proposal: 2008 — 005 43Replacement of Exterior Walls on Maintenance Facility

2. The Proposers insurance coverage shall be primary insurance as respectsChampaign County, its officials and employees. Any insurance issued to Champaign County,its officials or employees shall be in excess of that Proposers insurance and shall not contributewith it.

a. BROAD FORM COMPREHENSIVE GENERAL LIABILITY:

3. Any failure to comply with the reporting provisions of the policies shall notaffect coverage provided to Champaign county, its officials or employees.

4. The Proposers insurance shall apply separately to each insured against whomclaim is made or suit is brought, except with respect to the limits of the insurer’s liability.

b. AUTOMOBILE LIABILITY INSURANCE: Code 1 coverage is required.

$1,000,000 combined single limit per accident for bodily injury and property damage. Policy

shall be amended to contain provisions outlined in Section (P) 3.a 1-4 of the Propose Guide

lines.

c. Workers’ Compensation and Employers Liability Coverage: As required by the

County of Illinois. The insurer shall agree to waive all right of subrogation against Champaign County, its officials and employees for losses arising from work performed by the

Proposer for Champaign County.

Request for Proposal: 2008 — 005 44Replacement of Exterior Walls on Maintenance Facility

Section IV. Facility Pictures

u~_~ - —

Picture 1. West View Picture 2. Northwest View

Picture 3. South View Picture 4. East View

Request for Proposal 2008 - 005Replacement of Exterior Walls on Maintenance Facility

58

rI r

U.

Window #3

Window #2

Window #1

NOTE: ALL bEMENSIONS SHOWN HAVE NOT BEEN VERIFITEbQHb Overheod boorWTb Walk Through boor

CHAMPAIGN COUNTYAbMINISTRATIVE SERVICESPHYSICAL PLANT bIVISION

Old Highway ShopExisting Building beminsions

WTb #1 WTb#2

Not to Scale:

Window #3

Window #2

Window #1

l~eplace Existing Insulation on all exterior wallsduring siding removal and replacement

NOTE: ALL bEMENSIONS SHOWN HAVE NOT BEEN VERIFITEDOHb Overhecid boorWTb Walk Through boor

Alternate A

CHAMPAIGN COUNTYAbMINI5TRATIVE SERVICESPHYSICAL PLANT bIVISION

Old Highway ShopExisting Building bemirisions

WTb #1 WTb#2

to 5cnl~:

Window #3j

Window #2j

LWind~

Alternate B

NOTE: ALL DEMENSIONS SHOWN HAVE NOT BEEN VERIFITEDOHD Overhead boorWTb Walk Through boor

Alternate BWindow Replacement

CHAMPAIGN COUNTYADMINISTRATIVE SERVICESPHYSICAL PLANT DIVISION

Old Highway ShopExisting Building beminsions

— ___________________________________WTD 3. Remove existing door and frame, extend existing opening south to the neareststructural upright support. Install new door set, supports and anchors as needed for aNew Hollow Metal Frame (galvanized). North Hollow Metal Door of set to be operablesection, 3’O” x 7’O” South door to fixed with flush bolts top and bottom and sized to fitremaining opening. Supply and install lever handle lockset, hold open door closure,threshold, door sweep, drip cap and weather stripping for complete installation.

~ow#4wifldow#5 -1”______________________________ Window #6 Window #7

Window #1

II

WTD 2. Remove existing door and frame, install supports and anchors as needed for aNew Hollow Metal Frame (galvanized) and Hollow Metal Door, 3’O” x 7’O”. Supply andinstall lever handle lockset, hold open door closure, threshold, door sweep, drip cap andweather stripping for complete installation.

~HAMPAIGNCOUNWAbMINISTRATIVE SEl~VICESPHYSICAL PLANT bIVISION

Old Highway ShopExisting Building beminsions

IiWindow #3 1

IIWindow #2

Vehicle Maint,Area

OHb #501-lb #1 •~ _______

NOTE: ALL DEMEN5IONS SHOWN HAVE NOT BEEN VERIFITEb0Mb Overhead boorWTb Walk Through boor

01-lb #6

Alternate C

Window #3

Window #2

Window #1

NOTE: ALL bEMENSIQNS SHOWN HAVE NOT BEEN VERIFITEbOHb Overhead boorWTb Walk Through boor

CHAMPAIGN COUNTYAbMINISTRATIVE SERVICESPHYSICAL PLANT r>Tvrcrrn~..i

Old Highway ShopExisting Building beminsions

Window #5

Reduced Exterior Wall ReplacementEast End of Building

Off ice~~ #10

WTb #3

Window #11

Vehicle Maint.Area

WTb #1OHb#6 OHb#7

WTb#2 Approximately

73,

Reduced Exterior Wall ReplacementEast End of Building

Alternate E

THE AMERICAN INSTITUTE OF ARCHITECTS

AlA Document A312

Performance BondBond Number 105179892

Any cinei,l~r reference ~o Contractor Snretv Owner or other nartv shall he considered nlural where anolicable

CONTRACTOR (Name and Address):Roessler Construction CoP 0 Box 590 318 1/2 S TannerRantoul IL 61866

OWNER (Name and Address):

CONSTRUCTION CONTRACTDate:

Amount:Description (Name and Location):

SURETY (Name and Principal Place of Business):Travelers Casualty and Surety Company of AmericaOne Tower SquareHartford CT 06183-6014

Champaign County Administrative Services1776 East WashingtonUrbana, IL 61802

11-21-08$106,970.00Exterior Metal Wall Replacement/South HighwayMaintenance Facility

BONDDate (Not earlier than Construction Contract Date):Amount:

Modifications to this Bond:

11-24-08$106,970.00xD None See Page 3

CONTRACTOR AS PRINCIPALCompany: (Corporate Seal)

Roessler Construction Co

Signature:Name and Title: KL’~1-h. Lti.~

~ i~,JI

(FOR INFORMATION ONLY--Name, Address and Telephone)AGENT or BROKER:J.L. HUBBARD INSURANCE and BONDSP.O. Box 14, Forsyth IL 62535-0014217-877-3344

SURETYCompany:

Travelers C:SignatureName am

OWNER’S REPRESENTATIVE (Arcrother party):

AlA DOCUMENT A3 12. PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AlATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006THIRD PRINTING MARCH 1987 (Converted to form by J.L. Hubbard Insurance and Bonds)

A312-1984 I

(Corporate Seal)

Attomean

Engineer or

1 The Contractor and the Surety, jointly and severally,bind themselves, their heirs, executors, administrators,successors and assigns to the Owner for the performanceof the Construction Contract, which is incorporated hereinby reference.

2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligationunder this Bond, except to participate in conferences asprovided in Subparagraph 3.1.

3 If there is no Owner Default, the Surety’s obligationunder this Bond shall arise after:

3.1 The Owner has notified the Contractor and theSurety at its address described in Paragraph 10 belowthat the Owner is considering declaring a ContractorDefault and has requested and attempted to arrange aconference with the Contractor and the Surety to beheld not later than fifteen days after receipt of suchnotice to discuss methods of perfonning the Construction Contract. If the Owner, the Contractor and theSurety agree, the Contractor shall be allowed a reasonable time to perform the Construction Contract, butsuch an agreement shall not waive the Owner’s right, ifany, subsequently to declare a Contractor Default; and

3.2 The Owner has declared a Contractor Default andformally terminated the Contractor’s right to completethe contract. Such Contractor Default shall not be declared earlier than twenty days after the Contractor andthe Surety have received notice as provided in Subparagraph 3.1; and

3.3 The Owner has agreed to pay the Balance of theContract Price to the Surety in accordance with theterms of the Construction Contract or to a contractorselected to perform the Construction Contract in accordance with the terms of the contract with the Owner.

4 When the Owner has satisfied the conditions of Paragraph 3, the Surety shall promptly and at the Surety’s expense take one of the following actions:

4.1 Arrange for the Contractor, with consent of theOwner, to perform and complete the ConstructionContract; or

4.2 Undertake to perform and complete the Construction Contract itself, through its agents or through independent contractors; or

4.3 Obtain bids or negotiated proposals fromqualified contractors acceptable to the Owner for acontract for performance and completion of the Construction Contract, arrange for a contract to be prepared for execution by the Owner and the Contractorselected with the Owner’s concurrence, to be securedwith performance and payment bonds executed by aqualified surety equivalent to the bonds issued on theConstruction Contract, and pay to the Owner theamount of damages as described in Paragraph 6 in excess of the Balance of the Contract price incurred by theOwner resulting from the Contractor’s default; or

4.4 Waive its right to perform and complete, arrangefor completion, or obtain a new contractor and withreasonable promptness under the circumstances:

.1 After investigation, determine the amount for

which it may be liable to the Owner and, assoon as practicable after the amount is determined, tender payment therefor to theOwner; or

.2 Deny liability in whole or in part and notify theOwner citing reasons therefor.

5 If the Surety does not proceed as provided in Paragraph4 with reasonable promptness, the Surety shall be deemedto be in default on this Bond fifteen days after receipt of anadditional written notice from the Owner to the Suretydemanding that the Surety perform its obligations underthis Bond, and the Owner shall be entitled to enforce anyremedy available to the Owner. If the Surety proceeds asprovided in Subparagraph 4.4, and the Owner refuses thepayment tendered or the Surety has denied liability, inwhole or in part, without further notice the Owner shall beentitled to enforce any remedy available to the Owner.

6 After the Owner has terminated the Contractor’s rightto complete the Construction Contract, and if the Suretyelects to act under Subparagraph 4.1,4.2, or 4.3 above,then the responsibilities of the Surety to the Owner shallnot be greater than those of the Contractor under theConstruction Contract, and the responsibilities of theOwner to the Surety shall not be greater than those of theOwner under the Construction Contract. To the limit of theamount of this Bond, but subject to commitment by theOwner of the Balance of the Contract Price to mitigation ofcosts and damages on the Construction Contract, the Surety is obligated without duplication for:

6.1 The responsibilities of the Contractor for correction of defective work and completion of the Construc

tion Contract;

6.2 Additional legal, design professional and delaycosts resulting from the Contractor’s Default, and resulting from the actions or failure to act of the Suretyunder Paragraph 4; and

6.3 Liquidated damages, or if no liquidated damagesare specified in the Construction Contract, actual damages caused by delayed performance or non-performance of the Contractor.

7 The Surety shall not be liable to the Owner or others forobligations of the Contractor that are unrelated to the Construction Contract, and the Balance of the Contract Priceshall not be reduced or set off on account of any suchunrelated obligations, No right of action shall accrue onthis Bond to any person or entity other than the Owner orits heirs, executors, administrators or successors.

8 The Surety hereby waives notice of any change, including changes of time, to the Construction Contract or torelated subcontracts, purchase orders and other obligations.

9 Any proceeding, legal or equitable, under this Bondmay be instituted in any court of competent jurisdiction inthe location in which the work or part of the work is locatedand shall be instituted within two years after ContractorDefault or within two years after the Contractor ceasedworking or within two years after the Surety refuses or failsto perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void orprohibited by law, the minimum period of limitation avail-

AlA DOCUMENT Al 2. PERFORMANCE BOND AND PAVEIENT BOND . DECEMBER 984 ED. AlATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, D.C. 20006THIRD PRINTING . MARCH 1987 Converted to form by IL Hubbard in.,uronee & ,Sondv A312-1984 2

able to sureties as a defense in the jurisdiction of the suitshall be applicable.

10 Notice to the Surety, the Owner or the Contractor shallbe mailed or delivered to the .address shown on the signature page.

11 When this Bond has been fumished to comply with astatutory or other legal requirement in the location wherethe construction was to be performed, any provision in thisBond conflicting with said statutory or legal requirementshall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shallbe deemed incorporated herein. The intent is that thisBond shall be construed as a statutory bond and not as acommon law bond.

12 DEFINITIONS

12.1 Balance of the Contract Price: The total amountpayable by the Owner to the Contractor under theConstruction Contract after all proper adjustmentshave been made, including allowance to the Con-

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

tractor of any amounts received or to be received bythe Owner in settlement of insurance or other claimsfor damages to which the Contractor is entitled, reduced by all valid and proper payments made to or onbehalf of the Contractor under the Construction Contract.

12.2 Construction Contract: The agreement betweenthe Owner and the Contractor identified on the signature page, including all Contract Documents and

changes thereto.

12.3 Contractor Default: Failure of the Contractor,which has neither been remedied nor waived, to perform or otherwise to comply with the terms of theConstruction Contract.

12.4 Owner Default: Failure of the Owner, which hasneither been remedied nor waived, to pay the Contractor as required by the Construction Contract or toperform and complete or comply with the other termsthereof.

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPALCompany: (Corporate Seal)

SURETYCompany: (Corporate Seal)

Signature:.........Name and Title:Address:

Name and Title:Address:

AlA DOCUMENT A3 12 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 984 ED AlATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINOTON, DC. 20006THIRD PRINTINO MARCH 987 Com’~r(ed to form ~5yJL. H,,hhard Insurance & Bone/c A312-1984 3

THE AMERICAN INSTITUTE OF ARCHITECTS

AlA Document A312

Payment BondBond Number 105179892

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural where applicable

CONTRACTOR (Name and Address):Roessler Construction CoP 0 Box 590 318 1/2 S TannerRantoul IL 61866

OWNER (Name and Address):

CONSTRUCTION CONTRACTDate:Amount:Description (Name and Location):

SURETY (Name and Principal Place of Business):Travelers Casualty and Surety Company of AmericaOne Tower SquareHartford CT 06183-6014

Champaign County Administrative Services1776 East WashingtonUrbana, IL 61802

11-21-08$106,970.00Exterior Metal Wall Replacement/South HighwayMaintenance Facility

BONDDate (Not earlier than Construction Contract Date):Amount:

Modifications to this Bond:CONTRACTOR AS PRINCIPALCompany: (Corporate Seal)

Roessler Construction Co

Signature:Name and Title:~’~ii i.3~4 k.. ~

•N7i~ L~-i~(FOR INFORMATION ONLY--Name, Address and Telephone)AGENT or BROKER:J.L. HUBBARD INSURANCE and BONDSP.O. Box 14, Forsyth IL 62535-00 14217-877-3344

11-24-08$106,970.00

None

SURETYCompany:

xD See Page 6

(Corporate Seal)

Travelers and Sure Co pany e~ ma

Name and Title: RonaldSignature~’~1~.~ U~~

Attorney-in-fa

OWNER’S REPRESENTATIVE (Archit ct, E gineerother party):

AlA DOCUMENT A3 12. PERFORMANCE BOND AND PAYMENT BOND . DECEMBER 1984 ED AlATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., N.W., WASHINGTON, D.C. 20006THIRD PRINTING . MARCH 1987 (Converted to form by iL. Hubbard Insurance and Bonds)

A312-1984 4

1 The Contractor and the Surety, jointly and severally,bind themselves, their heirs, executors, administrators,successors and assigns to the Owner to pay for labor,materials and equipment furnished for use in the performance of the Construction Contract, which is incorporated herein by reference.

2 With respect to the Owner, this obligation shall benull and void if the Contractor:

2.1 Promptly makes payment, directly or indirectly,for all sums due Claimants, and

2.2 Defends, indemnities and holds harmless theOwner from claims, demands, liens or suits by anyperson or entity whose claim, demand, lien or suit isfor the payment for labor, materials or equipment furnished for use in the performance of the ConstructionContract, provided the Owner has promptly notifiedthe Contractor and the Surety (at the addressdescribed in Paragraph 12) of any claims, demands,liens or suits and tendered defense of such claims,demands, liens or suits to the Contractor and theSurety, and provided there is no Owner Default.

3 With respect to Claimants, this obligation shall benull and void if the Contractor promptly makes payment, directly or indirectly, for all sums due.

4 The Surety shall have no obligation to Claimantsunder this Bond until:

4.1 Claimants who are employed by or have a directcontract with the Contractor have given notice to theSurety (at the address described in Paragraph 12) andsent a copy, or notice thereof, to the Owner, statingthat a claim is being made under this Bond and, withsubstantial accuracy, the amount of the claim.

.1 Have furnished written notice to the Contractor and sent a copy, or notice thereof, tothe Owner, within 90 days after having lastperformed labor or last furnished materials orequipment included in the claim stating, withsubstantial accuracy, the amount of the claimand the name of the party to whom thematerials were fumished or supplied or forwhom the labor was done or performed; and

.2 Have either received a rejection in whole orin part from the Contractor, or not receivedwithin 30 days of furnishing the above notice any communication from the Contractorby which the Contractor has indicated theclaim will be paid directly or indirectly; and

.3 Not having been paid within the above 30days, have sent a written notice to the Surety(at the address described in Paragraph 12) asent a copy, or notice thereof, to the Owner,stating that a claim is being made under thisBond and enclosing a copy of the previouswritten notice furnished to the Contractor.

5 If a notice required by Paragraph 4 is given by theOwner to the Contractor or to the Surety, that is sufficient compliance.

6 When the Claimant has satisfied the conditions ofParagraph 4, the Surety shall promptly and at theSurety’s expense take the following actions:

6.1 Send an answer to the Claimant, with a copy tothe Owner, within 45 days after receipt of the claim,stating the amounts that are undisputed and the basisfor challenging any amounts that are disputed.

6.2 Pay or arrange for payment of any undisputedamounts.

7 The Surety’s total obligation shall not exceed theamount of this Bond, and the amount of this Bond shall becredited for any payments made in good faith by the Surety.

8 Amounts owed by the Owner to the Contractor underthe Construction Contract shall be used for the performance of the Construction Contract and to satisfy claims,If any, under any Construction Performance Bond, Bythe Contractor furnishing and the Owner accepting thisBond, they agree that all funds earned by the Contractorin the performance of the Construction Contract arededicated to satisfy obligations of the Contractor andthe Surety under this Bond, subject to the Owner’s priority to use the funds for the completion of the work.

9 The Surety shall not be liable to the Owner, Claimantsor others for obligations of the Contractor that are unrelated to the Construction Contract. The Owner shall not beliable for payment of any costs or expenses of any Claimant under this Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, orotherwise have obligations to Claimants under this Bond.

10 The Surety hereby waives notice of any change,including changes of time, to the Construction Contractor to related subcontracts, purchase orders and otherobligations.

11 No suit or action shall be commenced by a Claimantunder this Bond other than in acourtofcompetentjurisdiction in the location in which the work or part of thework is located or after the expiration of one year from thedate (I) on which the Claimant gave the notice required bySubparagraph 4.1 or Clause 4.2.3, or (2) on which the lastlabor or service was performed by anyone or the last materials or equipment were furnished by anyone under the Construction Contract, whichever of(1) or (2) first occurs. If theprovision of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as adefense in the jurisdiction of the suit shall be applicable.

12 Notice to the Surety, the Owner or the Contractorshall be mailed or delivered to the address shown on thesignature page. Actual receipt of notice by Surety, theOwner or the Contractor, however accomplished, shallbe sufficient compliance as of the date received at theaddress shown on the signature page.

13 When this Bond has been furnished to comply with astatutory or other legal requirement in the location wherethe construction was to be performed, any provision in thisBond conflicting with said statutory or legal requirementshall be deemed deleted herefrom and provisions conbe deemed incorporated herein, The intent is that this

AlA DOCUMENT A] 12. PERFORMANCE BOND AND PAYMENT BOND. DECEMBER 984 ED. MATHE AMERICAN ~N5TlTUTE OF ARCHITECTs, 1735 NEW YORK AVE., NW., WAsHINGTON, D.C. 200DbTHIRD PRINTING . MARCH 1987 Con~’ertudIoforrn by JL. Hubbard Insurance & Bondr A312-1984 5

Bond shall be construed as a statutory bond and not as acommon law bond.

14 Upon request by any person or entity appearing to be apotential beneficiary of this Bond, the Contractor shallpromptly furnish a copy of this Bond or shall permit a copyto be made.

15 DEFINITIONS

15.1 Claimant: An individual or entity having a directcontract with the Contractor or with a subcontractor ofthe Contractor to furnish labor, materials or equipment for use in the performance of the Contract. Theintent of this Bond shall be to include without limitation in the terms “labor, materials or equipment” thatpart of water, gas, power, light, heat, oil, gasoline,telephone service or rental equipment used in the

MODIFICATIONS TO THIS BOND ARE AS FOLLOWS:

Construction Contract, architectural and engineeringservices required for performance of the work of theContractor and the Contractor’s subcontractors, andall other items for which a mechanic’s lien may beasserted in the jurisdiction where the labor, materialsor equipment were furnished.

15.2 Construction Contract: The agreement betweenthe Owner and the Contractor identified on the signature page, including all Contract Documents andchanges thereto.

15.3 Owner Default: Failure of the Owner, which hasneither been remedied nor waived, to pay the Contractor as required by the Construction Contract orperform and complete or comply with the other termsthereof.

Paragraph 6 above is deleted in its entirety and the following is substituted in its place:

6. When the Claimant has satisfied the conditions of Paragraph 4, and has submitted all supporting documentation andany proof of claim requested by the Surety, the Surety shall, with reasonable promptness, notify the Claimant of theamounts that are undisputed and the basis for challenging any amounts that are disputed, including, but not limited to, thelack of substantiating documentation to support the claim as to entitlement or amount, and the Surety shall, withreasonable promptness, pay or make arrangements for payment of any undisputed amount; provided, however, that thefailure of the Surety to timely discharge its obligations under this paragraph or to dispute or identify any specific defense toall or any part of a claim shall not be deemed to be an admission of liability by the Surety as to such claim or otherwiseconstitute a waiver of the Contractor’s or Surety’s defenses to, or right to dispute, such claim. Rather, the Claimant shallhave the immediate right, without further notice, to bring suit against the Surety to enforce any remedy available to it underthis Bond.

(Space is provided below for additional signatures of added parties, other than those appearing on the cover page.)

CONTRACTOR AS PRINCIPALCompany: (Corporate Seal)

SURETYCompany: (Corporate Seal)

Name and Title:Address:

Signature:..........Name and Title:

AlA DOCUMENT A3 12 PERFORMANCE BOND AND PAYMENT BOND DECEMBER 1984 ED AlATHE AMERICAN INSTITUTE OF ARCHITECTS, 1735 NEW YORK AVE., NW., WASHINGTON, DC. 20006THIRD PRINTING MARCH 1987 Com’erlrd lufurm by iL. Hubbard Insurance & Bonds A312-1984 6

Slate of Illinois

} ss:County of Macon

On 11-24—08 before me, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared

Ronald A. Kooprnan

known to me to be Attorney~in-Fact of Travelers Casualty and Surety Company of Americathe corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the saidinstrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same.

IN W17’NESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above.

~Ij ~RcL& /47’~2 ~/ (Notar~i

“OFFICIAL SEAL” ++ GLENDA HOFFMAN4- NOTARY PUBLIC, STATE OF ILLINOIS 4-+ MY COMMISSION EXPIRES 07-16-2009 4

WARNINO: THIS POWER OP A~ORNEY IS INVALID WITHOUT THE RED BORDER

TRAVELERS JPOWER OF ATTORNEY

Farmington Casualty CompanyFidelity and Guaranty Insurance CompanyFidelity and Guaranty Insurance Underwriters, Inc.Seaboard Surety CompanySt. Paul Fire and Marine Insurance Company

St. Paul Guardian Insurance CompanySt. Paul Mercury Insurance CompanyTravelers Casualty and Surety CompanyTravelers Casualty and Surety Company of AmericaUnited States Fidelity and Guaranty Company

Attorney-In Fact No. 215961 Certificate No. V ~ “~3 D i Li

KNOW ALL MEN BY THESE PRESENTS: That Seaboard Surety Company is a corporation duly organized under the laws of the State of New York, that St. PaulFire and Marine Insurance Company, St. Paul Guardian Insurance Company and St. Paul Mercury Insurance Company are corporations duly organized under the lawsof the State of Minnesota, that Farmington Casualty Company, Travelers Casualty and Surety Company, and Travelers Casualty and Surety Company of America arecorporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under thelaws of the State of Maryland, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity andGuaranty Insurance Underwriters, Inc. is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the “Companies”), and thatthe Companies do hereby make, constitute and appoint

Kevin J. Breheny, Linda L. Hopkins, Randy S. Cannady, Ronald A. Koopman, and Tim R. Patton

of the City of Forsyth

_____________________________________________ State of Illinois , their true and lawful Attorney(s)-in-Fact,

each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings andother writings obligatory in the nature thereof on behalf of the Companies in their busmess of guaranteeing the fidelity of persons, guaranteeing the performance ofcontracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law

IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this ___________________________

August 2008 -dayof ___________________ , ______

Farmington Casualty CompanyFidelity and Guaranty Insurance CompanyFidelity and Guaranty Insurance Underwriters, Inc.Seaboard Surety CompanySt. Paul Fire and Marine Insurance Conapany

0

St. Paul Guardian Insurance ConapanySt. Paul Mercury Insurance CompanyTravelers Casualty and Surety CompanyTravelers Casualty and Surety Company of AmericaUnited States Fidelity and Guaranty Company

6th August 2008On this the ___________________ day of _____________________________ , __________ , before me personally appeared George W. Thompson, who acknowledged himselfto be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters. Inc.,Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, TravelersCasualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, beingauthorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer.

In Witness Whereof, I hereunto set my hand and official seal. j~J~~J?My Commission expires the 30th day of June, 2011. *

Cm

C. ~~OLL2*Marie C. Tetreault, Notary Pubtic

58440-5-07 Printed in U.S.A.

State of ConnecticutCity of Hartford ss.

By:,/Georg~j Thompson, ~~o~Jfice President

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED RORDER

WAHNINO: HIS I-~OWhH UT- Al IOHNhY IS INVALIU WI THOU I I Hh HhU BONDER

This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of Farmington Casualty Company, Fidelityand Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company ofAmerica, and United States Fidelity and Guaranty Company, which resolutions are now in full force and effect, reading as follows:

RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President, any Second VicePresident, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalfof the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company’s name and seal with theCompany’s seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and anyof said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her; and it is

FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President maydelegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copythereof is filed in the office of the Secretary; and it is

FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertakingshall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any VicePresident, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with theCompany’s seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the powerprescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority; and it is

FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President,any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificaterelating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in-Fact for purposes only of executing and attesting bonds andundertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall bevalid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on theCompany in the future with respect to any bond or understanding to which it is attached.

I, Kori M. Johanson, the undersigned, Assistant Secretary, of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty InsuranceUnderwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury InsuranceCompany, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America. and United States Fidelity and Guaranty Company do herebycertify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is in full force and effect and has not beenrevoked.

IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 24th day of November , 20

Kori M. Johans Assistant Secretary~’

~sV’~,~ ©To verify the authenticity of this Power of Attorney, call 1-800-421-3880 or contact us at www.travelersbond.com. Please refer to the Attorney-In-Fact number, theabove-named individuals and the details of the bond to which the power is attached.

WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER