Contract/Contract Bond with Road Oil, Inc. for Burlington

DOCUMENT VET SHEET for Karen McConnaughay Chairman, Kane County Board Name of Document: Contract/Contract Bond with Road Oil, Inc. for Burlington Twp. Sec. #09-05000-01-GM MFT Submitted by: Linda Haines Date Submitted: Aprill5, 2009 Examined by: April, 2009 (Date) Comments: Rev. 8/05

Carl Schaedel, P.E. Director of Transportation County Engineer KANE COUNTY DIVISION of TRANSPORTATION 41W011 Burlington Road St. Charles, IL 60175 Phone: (630) 584-1170 Fax: (630) 584-5265 DATE: May 19,2009 TO: FROM: Jean Weems County Board Offi e ; Linda Haines SUBJECT: 4 Contract/Contract Bond from Road Oil, Inc. for Burlington Township Section #09-05000-01-GM MFT with Document Vet Sheet (Kane County Resolution #09-184) TRANSMITTED FOR: ( ) YOUR INFORMATION AND FILE ( ) YOUR APPROVAL AND/OR CORRECTION ( ) AS REQUESTED ( X ) SEE BELOW REMARKS: Please have the Chairman sign, ~g_to_gol:"!!ljy_clerk for signature and seal, and then return to our office for further processing. ---..._ Thanks.

~Illinois Department ~of ltansportation Contract 1. THIS AGREEMENT. made and concluded the,_,12=th..., dav of May. 2009 between the _C~ou!:!,!n..u,t.x..v of Kane Month and Year actinq bv and throuqh its -=C=o,un""tcl..y_,.B=o=a,_,rd, known as the partv of the first part. and Road Oil Inc. known as the partv of the second part. his/their executors, administrators. successors or assiqns. 2. Witnesseth: That for and in consideration of the payments and agreements mentioned in the Proposal hereto attached, to be made and performed by the party of the first part, and according to the terms expressed in the Bond referring to these presents, the party of the second part agrees with said party of the first part at his/their own proper cost and expense to do all the work, furnish all materials and all labor necessary to complete the work in accordance with the plans and specifications hereinafter described, and in full compliance with all of the terms of this agreement and the requirements of the Engineer under it. 3. And it is also understood and agreed that the Notice to Contractors, Special Provisions, Proposal and Contract Bonc 1 hereto attached, and the Plans for Section No. 09-05000-01-GM / in Burlington Township State of Illinois March 30. 2009 Date Attest: '. ~~.... are essential documents of this contract and are a part h rei3t..~". ~. 4. IN WITNESS WHEREOF, The said parties have executed these presents on the date above mentioned. The. : : : ~;.-,.C=o=u...,nt... y Clerk Bv (Seal) Corporate Name Bv Party of the Second Part (If a Co-Partnership) Attest~~ 1 fuj2oju I S c etary Partners doinq Business under the firm name of Party of the Second Part (If an individual) Party of the Second Part Page 1 of 1 BLR 12320 (Rev. 7/05) Printed on 4/15/2009 9:33:01 AM

~Illinois Department ~of ltansportation Bond tl 0617770 Contract Bond Route County Local Agency Section Kane -------------------- Burlington ----~~------------ 09-05000-01-GM We, Road Oil, Inc., 11603 Timberline Drive, Granville, IL 61326 a/an) D Individual 0 Co-partnership!XI Corporation organized under the laws of the State of as PRINCIPAL, and Old Republic Surety Wisconsin -------------------------------------------------------------------------- assurety, are held and firmly bound unto the above Local Agency (hereafter referred to as "LA") in the penal sum of One Hundred Thirty Four Thousand Eight Hundred Seventy Four and 22/100 Dollars ( $134,874.22 ), lawful money of the United States, well and truly to be paid unto said LA, for the payment of which we bind ourselves, our heirs, executors, administrators, successors, jointly to pay to the LA this sum under the conditions of this instrument. WHEREAS THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH that, the said Principal has entered into a written contract with the LA acting through its awarding authority for the construction of work on the above section, which contract is hereby referred to and made a part hereof, as if written herein at length, and whereby the said Principal has promised and agreed to perform said work in accordance with the terms of said contract, and has promised to pay all sums of money due for any labor, materials, apparatus, fixtures or machinery furnished to such Principal for the purpose of performing such work and has further agreed to pay all direct and indirect damages to any person, firm, company or corporation suffered or sustained on account of the performance of such' work during the time thereof and until stjch work is completed and accepted; and has further agreed that this bond shall inure to the benefit of any person, firm, company or corporation to whom any money may be due from the Principal, subcontractor or otherwise for any such labor, materials, apparatus, fixtures or machinery so furnished and that suit may be maintained on such bond by any such person, firm, company or corporation for the recovery of any such money. NOW THEREFORE, if the said Principal shall well and truly perform said work in accordance with the terms of said contract, and shall pay all sums of money due or to become due for any labor, materials, apparatus, fixtures or machinery furnished to him for the purpose of constructing such work, and shall commence and complete the work within the time prescribed in said contract, and shall pay and discharge all damages, direct and indirect, that may be suffered or sustained on account of such work during the time of the performance thereof and until the said work shall have been accepted, and shall hold the LA and its awarding authority harmless on account of any such damages and shall in all respects fully and faithfully comply with all the provisions, conditions and requirements of said contract, then this obligation to be void; otherwise to remain in full force and effect. Page 1 of2 IL 494-0372 BLR 12321 (Rev. 7/05) Printed on 4/15/2009 9:36:44 AM

IN TESTIMONY WHEREOF, the said PRINCIPAL and the said SURETY have caused this instrument to be signed by their respective officers this 24th day of April A.D. 2009 Road Oil, Inc (Company Name) PRINCIPAL ~: ~ Jerry Liebhart (Signature & Title) President Attest: (Signature & Title) (If PRINCIPAL is a joint venture of two or more contractors, the company names and authorized sig affixed.) STATE OF ILLINOIS, COUNTY OF Bureau ----------------------~------ I, Nancy J. Roach, a Notary Public in and for said county, do hereby certify that Jerry Liebhart (SEAL) O]d Republic Surety (Name of Surety) STATE OF ILLINOIS. COUNTY OF Bureau SURETY By: ~ g. ~1;4~ D o 1 ores J A c t ~s. (Signatuof Attorney-in-Fact) I, Nancy J. Roach, a Notary Public in and for said county, do hereby certify that Dolores J. Actis (Insert names of individuals signing on behalf or SURETY) who are each personally known to me to be the same persons whose names are subscribed to the foregoing instrument on behalf of SURETY, appeared before me this day in person and acknowledged respectively, that they signed and delivered said instrument as their free and voluntary act for the uses and purposes therein set forth. Gi e seal this 24th day of.,.,a""'p=r=i=l A.D. 2009 OFFICIAL SEAL My c mmiss~randi'i'r'e8. R:.::O::;,;A...::,:C;,;Ho,.:...,...,~::+-- NOTARY PUBUC -STATE OF ILUNOIS ~~~ MY COMMISSION EXPIRES 4-16-2010 Approved this.:.;12::.:t::.:h day of _.:.;.M=a..._y, A.D. 2009 Attest: Count Clerk Page 2 of 2 IL 494-0372 Printed on 4/15/2009 9:36:44 AM

POWER OF ATTORNEY KNOW ALL M.EN B'(:fHg$B.~RE;SENTS: That OLD REPUBLIC SURETY COMPANY,.~~;sc~~$Jn~t9c~Jm>wance corporation, i:fi'l:i~ifi~i ~ts A. GEDRAITIS, n~\(;~~ej(9~ ;t,"}rs:,,wui~ J... RQ!>f~H. of rrstrue and ~~~~~:qr~:y(s)-in-:~~:.~~h:ll pojr Jb a~~~~. ;b;~:~~ding $10,000,00J.. f:;:~~ on behalf of the compa~~~ltr~. to ~x=~e Jb deiner and affix the sealtifthe company thereto (if a seali requir~d)' b.ondt!i undertakings, recognizances or other written obligations in the nature' theri3bf; (otg fthan bail bonds, bank depository bonds, mortgage deficiency bonds,{mortgage gy);jh3nty bonds, guarantees of installment paper and note guaranty bonds( seif~insurance workers compensation bonds guaranteeing payment ofbenents;asbestos 8.batement contract boi]qs,yy?,~\e.j management bonds, hazardous waste remediation bonds or black lung boncjs), a$.jq11ows:.... ~,i!friti;.~~~~l[~g~~ (5~~grJit;!~r~~~~~~~~i:~ 8 6~~~~TION _. Jf{~ Jg bind OLD REPUBLI sqrb#y Q6MPA~Y thereby, and ah. otthe acts of said Attornetk~t~iFa~t, pbrsu~nt ~B these presents, are J~@~d and confirmed. This document is.no(valig unless printed on colored background and is multi- olored. This appointment is made under and by authority of the board O.l directors g.ta special meeting held on February 18, 1982. This Pov\iE!rqf 1:\i:J:ptney is signed and sealed by facsimile under and by the authority pf tq$>following resolutions adopted by the board of directors of the OLD REPUBLIC SURETY COMPANY on February 18, 1982............. RESOLVED that, the president, any vice-president, or assistant vice president in conjunction with the secretary or any assistant secretary, may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the company to execute and deliver and affix the seal of the.j. C:901:PfanY to bonds, undertakings, recognizances, and suretyship 9Pll9P.tions of all kinds; and said officers may remove any suqh attqrney::.jp-fact or agent and revoke any Power of Attorney preyiously graht~d to such person. )..i \ RESOLVED FURTHER, tb~t aoy bohp, u~~er.t?king, recognizance, or suretyship obligfi~pq shaji pey lil~ an~ binding upon tb~ Qbmpany (i) VIIQ P r;;igned.byjhe [presiq!')nt, ar!y vig:i pt isidgnt or assistant vice president, and a.j;test, d and s$alecl(if a seal be r quiretl) by~any secretary or assistant (ii) ~~~~:~~~:~i;i~~1!~j~~g~~irzl~~~~~~~~bi @{~~~~ff6~ 1(.~ president, sec;ii{~bt~;~)~tant ~:~;~W~. ~~d cou~frrsi~n4t ~d:~;.~[~~ (it y ~eal (iii) wheifquije)(ecuted and sealed (if a se~.l be reql\fred) by ooe cir.more attorneys-in:.tf:l:gtgfagents pursuant to and w~filri the!linits pf the authority evidendep.oythe Power of Attorney issueaby th~\j;ompany to su h person or persons. < <.... )i RESOLVED FliFfri1ER,thatthe signature of any authoi\?:ed 6ffice~ aq~th~ seal of the company may be affixed by facsimile to any P9w lr:ofatt6mey or certification thereof authorizing the execution and delive(ypf DYPOnd, undertaking, recogni2f.jnql;l,qf other suretyship obligations of the company; and such signature and s~"'l.when so used shall have the same force and effect'as though mamually affb<ed. IN WITNP:SS\iVHERI;OF, OLD REPUBLIC SURETY COMPANY has causeq.these pr\'}s~rlh> to.b.~ signed by its proper officer, and its corporate s~~ltot>~ ~~ix~d:thi~.4.5th day of FEBRU.AR :1 2 Q0~8<........... ~~ \,::.;~J;1:~;;: STATE OF WISCONSIN, COUNTY 0~ WAUKESA~ - ss ;, c. : :...,:. : ~'''"'"""'~"'""''''''' On this 25TH day of FEBRUARY, 2008, personally came before me, GERALD C. LEACH and RICK A. JOHNSON 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 svit6rh/ did severally depose and say; that they are said officers of the 66rpor&tion aforesaid, and that the seal affixed to the above.instruhie[lt is the seal of the corporation, and that said corporate seal and theirs.ign~tures as such officers were duly affb<~d;:tpd sup~crlb~d tdthe said tostrum nt by the authority of tooboaroof8~0&sq~~d;tmpprnti~. ' ~~' ;~ ;~~=::,;~t~ ~ -~~~ CERTIFICATE I, the undersigned, assistant secretary of the dto fiepui31jc SURETY CO[VlP,ANYiCI.Wisconsin corporation, CERTIFY that the foregoing and attach 1dPqw.er of Attorney remains in full force and has not been revoged; and furth~rmore, that the Resolutions of the board of directors set forth ifi ti;v;:j P6Viter of Attorney, are now in force. i ~ ~- 5 ~; 2... ~1~~~ :~~~;t!'i~.. $jgned and sealed at the City ~t;;~b9kfrg;~,{.~lt!ji9 ~:;;:::;:~ ~~~ ~' :T:t~~~3E \( 111111111111\\\\\\\.......;.. ORSC 22262 (2/07)