TULSA COUNTY

PURCHASINGDEPARTMENT

DATE: August 8, 2018

FROM: Megan L. BlackfordAssistant Purchasing Director

TO: Board of County Commissioners

SUBJECT: Agreement - The Wilson Group, Inc.

-^i^r^

Bids for Exterior Window Replacement at the Tulsa County Administration Buildingwere opened on July 30, 2018 and the bid recommendation to The Wilson Group, Inc.was approved by the Board of County Commissioners on August 6, 2018, CMF# 245560.

The Tulsa County Purchasing Department respectfully requests the Board of CountyCommissioners approve and execute the attached Contract for Project Performancebetween the Board of County Commissioners and The Wilson Group, Inc. for ExteriorWindow Replacement.

Respectfully submitted for your approval and execution.

MLB

ORIGINAL: Michael Willis, County Clerk, for the August 13, 2018 agenda.

COPIES: Acting Commissioner Michael CraddockCommissioner Karen KeithCommissioner Ron Peters

John Fothergill, Chief DeputyVicki Adams, Chief Deputy

Tulsa CountyContract for Project Performance

THIS AGREEMENT, made and entered into by and between the Board of County Commissioners of Tulsa County,Oklahoma, a political subdivision of the State of Oklahoma, and hereinafter referred to as "County", and

The Wilson Group, Inc.Hereinafter called "Contractor". WITNESSETH:

That for and in consideration of the mutual terms, covenants and conditions hereinafter set forth, the parties agree asfollows:

1 Recitals. The County has heretofore called for bids for the

Tulsa County Administration Building - Exterior Window Replacement

hereinafter called the "Project", same to be in accordance with the plans and specifications therefore prepared by

GH2 Architects, LLC

hereinafter referred to as "Architect "^ which plans and specifications are on file in the office of theCounty Clerk at the Tulsa County Courthouse and are further identified as alt the contract documents, blueprints, drawingsand any addenda thereto and are hereby made a part hereof; all of which instruments shall be hereinafter referred to as"plans and specifications", which shall mean the plans, specifications, drawings, general conditions and any and all otherinstruments prepared and filed with the County Clerk in connection with this project. Notice to Bidders datedJune 11, 2018 , wherein the County called for bids as aforesaid, was published in theTuisa World on June 1 4, 2018 and June 21, 2018

as appears more fully in the affidavit of the publisher, BH Media Group, a corporation , said affidavitbeing on file in the office of the County Clerk of Tulsa County Courthouse. Pursuant to advertisement for bids, the sealedbid proposal of Contractor was duly received and publicly opened on the date and at the time prescribed in the Notice toBidders, in the County Commission Room, Tulsa County Courthouse, and bidder names read aloud as were all other bidsduly received. The bid of Contractor is now on file in the County Clerk and is incorporated herein and made a part hereofby reference, as fully as if copied at length herein. By order and direction of the Board of County Commissioners ofTulsaCounty, Oklahoma, all bids received for this project were filed and examined to determine the lowest responsible bidtherefore. Thereafter, on Auoust6, 2018 , at a regular meeting of the Board of CountyCommissioners of Tulsa County, Oklahoma, the Contractor's bid was accepted as the lowest responsible bid for saidconstruction. Contractor admits that he has visited the site of the project and that the plans and specifications are sufficientto accomplish their intended purposes, to which Contractor does agree and warrant. This contract, together with the plansand specifications, general conditions, Contractor's bid and any other documents hereinafter identified, constitutes the entireagreement between the parties hereto.

2. Bonds, Insurance and Indemnity. Contractor's performance bond, statutory defect bond, payment bond, and allinsurance policies, shall be submitted to the County for approval by the District Attorney concurrently with the submissionof this agreement. This contract shall be of no force or effect until all such bonds, insurance policies and/or insurancecertificates required herein and in the contract documents are submitted to the District Attorney's office and there approvedas to form and content and placed on file in the office of the County Clerk of Tulsa County. Upon approval of the bonds,

Page 1 of S

insurance policies, and/or insurance certificates required herein and the contracts due execution and filing, the Contractor'sbid bond shall be released.

Contractor shall submit all bonds, insurance policies and/or insurance certificates required in the plans and specificationsand in the general conditions and contract documents, and shall do no work on this project until the same have beenapproved by the County. The Contractor shall purchase and maintain property insurance, if required, upon the entire workat the site to the full insurable value thereof. This insurance shall include the interest of the County, the Contractor,Subcontractors and Sub-subcontractors in the work and shall insure against the perils of fire, extended coverage, vandalismand malicious mischief.

Contractor shall at all times save and hold the County harmless from any damage, loss or expense due to the performanceof this contract and/or Contractor's operation hereunder. It is further understood and agreed that if any part of Contractor'swork depends upon the work of any other contractor, firm, or person, other than one of the Contractor's sub-contractors,Contractor shall inspect and promptly report to County and/or Architect any and all defects of such workas would render it unsuitable for proper performance under this contract. The term "Work" shall mean labor and materials

and/or the furnishing and performance thereof. Failure by Contractor to inspect and report any such deficiency by anycontractor other than one of his sub-contractors as not being fit, adequate and proper work for the reception of the work tobe done by Contractor shall not excuse Contractor from timely, due and proper performance of his work under this contract,and this clause shall not be construed or interpreted as relieving the Contractor of any and/or the primary responsibilityhereunder to report such deficiency.

Due and proper performance under this contract shall mean that all work shall be performed in a good and first-class, workmanlike manner, and the requirement of due performance of this contract in a good and workmanlike mannershall extend to and encompass any and all work done underthis contract by the Contractor and/or any of his sub-contractors.

3. Scope of Work. The work to be done and performed by the Contractor is that contained in the basic bid proposal in whichContractor has agreed to do such work for the sum of

One million, one hundred seventeen thousand, and sixty dollars ($1 , 117, 060. 00) whichincludes the Base Bid and Alternates 1 and 2,

In consideration of the payment thereof, Contractor shall, in a good and first-class, workmanlike manner, at his own costand expense, furnish all labor, materials, and supplies, all necessary tools and equipment required to commence, performand complete this project in strict accordance with the plans and specifications.

4. Construction. It is understood and agreed that Contractor shall, within ten (1 °) calendar days after receipt of a workorder, commence the performance of this contract, and shall thereafter diligently prosecute such performance untilcompletion of same. In any event, Contractor shall complete construction and performance of this contract within

One hundred twenty (120) calendar days

, in accordance with the bid proposal of Contractor, and pursuant to the conditions stipulated in the general conditions.

Contractor shall at all times be represented at the site of the project by a competent foreman or superintendent satisfactoryto Architect . Said representative shall have authority to act for the Contractor in all respects and in allmatters concerning the work and performance of this contract, and any commitment, action or representation madeby said agent shall be fully binding upon Contractor as fully as if made by it. All work shall be performed in a good and first-class, workmanlike manner in strict accordance with the said plans and specifications.

Page 2 of 5

5. Title. Title to all materials to be furnished by Contractor shall remain in Contractor, and Contractor shall retain all riskof loss or injury to said materials until final approval and acceptance of complete performance of this contract.

6. Alterations and Extras. It is hereby specifically noted and agreed that neither Architect nor any otheragent of the County of Tulsa has authority to vary, modify or add to the terms and conditions of the contract documents tothe prejudice of the County. Contractor shall not be entitled to any claim for extras in any amount, whether performed ornot, unless before the commencement thereof such extras shall have been approved and authorized in writing by the Boardof County Commissioners of the County of Tulsa, and ratifications of any extras subsequent to the act shall be illegaland not binding upon County.

7. Progress Payments.document, as follows:

The County shall make payments on account of the contract and as provided in the contract

In the event Contractor has duly performed this contract without delay, deviation or default, Contractor may on or about the10th day of each calendar month following the authorized commencement and performance of this contract, obtainArchitect 's certificate of estimate as to the percent of value of completion, based on labor and materialsincorporated in the work, and of the materials suitably stored at the work site up to the last day of the preceding calendarmonth, and on the basis of daily certified and approved estimates of the work performed during the preceding month assubmitted by the Contractor to the Architect , together with the proofs of payment as required in theplans and specifications and the contract documents, and the County shall upon presentation ofArchitect 's certificate, including a sworn certification by the Architect that work forwhich payment is claimed has been performed and that such work conforms to the plans and specifications for the project,pursuant to Sec. 23 of the Oklahoma Public Competitive Bidding Act of 1974, and upon submission of affidavits as requiredby Senate Bills 469 and 565 of the 1974 Oklahoma Legislature, pay to Contractor ninety percent (90%) of such estimates,less the aggregate of all previous payments made thereunder.

Requests for payment shall be submitted to Architect on AIA document G702 accompanied byAIA document G702A or any other form acceptable to the County, listing the percentages of completion for the variousitems of the contract.

8. Subcontracts. A subcontractor is a person who has a direct contract with the Contractor to perform any of the work atthe site. The Contractor shall submit a list of all Subcontractors proposed for the principal portions of the work within five(5) calendar days from the date hereof. Approval of all Subcontractors must be had before commencement of work, whichapproval shall not be withheld an unreasonable length of time. The Contractor shall not employ any Subcontractor to whomArchitect or the County may have a reasonable objection. In the event of any rejection of a proposedSubcontractor, the Contractor shall immediately submit an additional proposed Subcontractor for the work contemplated inthe same manner as the original list.

9. Acceptance and Final Payment. Upon full performance hereof, and completion of the project, Contractor shall givewritten notice to Architect that the work is ready for final inspection and acceptance, and shall at thesame time submit evidence satisfactory to Architect and the County that all payrolls, materials bills,sums due Subcontractors and any or all other indebtedness connected with the work has been fully paid.Architect shall promptly make an inspection of the work and construction done, In the event any portionof the work is not in accordance with the plans and specifications or is faulty, whether such defect be latent or patent,discovered or undiscovered, before the final acceptance under this provision, Contractor shall at his expense remedy suchdeficiencies or defaults and correct any improper construction or workmanship as may be specified by the County, and/orits Architect _, and shall thereupon complete performance of this contract in accordance with the plansand specifications and these contract documents.

Page 3 of 5

When, upon inspection, Architect finds that the project has been fully completed and the contract fullyperformed, he shall promptly issue and deliver to the County and the Contractor Architect 's signed finalcertificate stating that the work specified in the contract has been completed and is ready for acceptance under theterms and conditions of this instrument. Such certificate shall state the entire balance found to be due to Contractor. Uponreceipt of the final certificate from Architect and the duly sworn certificate and affidavits as required inSection 7 above, and approval thereof by County, and a finding by County that said work has been completed according tothe terms and conditions of the contract documents, County shall within twenty (20) days thereafter pay to Contractor theentire balance then due and payable under the terms of this contract. It is hereby specifically noted, understood and agreedthat Architect 's certificates, whether for the issue of any progress payment or the final certificate for theissue of the final payment hereof, shall not of itself constitute an approval or acceptance of any faulty work or defectivematerials, whether latent or patent, neither shall any payments, whether progress payments or final payment by theCounty, constitute a waiver and/or acceptance of any defective or faulty workmanship or materials hereunder. On suchfinal completion Contractor shall furnish to County a release of all claims and right of lien and sworn statements as requiredby law, and Contractor hereby acknowledges receipt of statutory notice to furnish the same before final payment shall bedue under this contract. The full performance of this contract shall be subject to Contractor's full performance of all theobligations contained thereunder, together with the specific items and obligations and the full performance thereof containedin the contract documents, plans and specifications, general conditions, and addenda thereto, heretofore identified in thiscontract.

10. Discrimination Prohibited. The Contractor agrees, and further agrees to require of all Subcontractors, that no personin the United States shall, on the grounds of race, religion, color, national origin or sex be excluded from participation in, bedenied the benefits of, or be subjected to discrimination under this agreement or by performance thereof.

11. This contract is to be governed by and construed according to the laws of the State of Oklahoma. If it should appearthat any of the terms hereof are in conflict with any rule of law or statutory provision of the State of Oklahoma, then theterms of the contract which may conflict with the laws of the State of Oklahoma shall be deemed inoperative and null andvoid insofar as they may be in conflict therewith, and shall be deemed modified to conform to such rule of law.

12. In the event of any conflict, inconsistency, or incongruity between the provisions of the Contract for Project Performanceand any of the provisions of the plans and specifications, the provisions of this Contract for Project Performance shall in allrespects govern and control.

Page 4 of 5

IN WITNESS WHEREOF the panics hereto have executed in multiple copies this^

day of U , 20 v£

ATTEST:

"COUNTY"Board of County CommissionersTulsa County, Oklahoma

County Clerk Chairman

APPROVED AS TO FORM

n.4/^j<\. ^t^ant District

ATTEST

6-1-^"CONTRACTOR"

Secretary

STATE OF OKLAHOMA ))ss

Con actor

By<^^<^\^^$0^, W^^(Title)

COUNTY OF TULSA )

\t^^0 A^A V ̂ n <>oy\ of lawful age, being first duty sworn on oath says that (s) he is the agent authorized byContractor to submit the above contract to the Board of County Commissioners of Tutsa County, Oklahoma. Affiant furtherstates that Contractor has not paid, given, ar donated or agreed to pay, give or donate to any officer or employee of theCounty of Tulsa any money or other thing of value, either directly or indirec ,, the rocuring rf the contract.

Subscribed and sworn to before me this,.^.day of

<°fc^KOLBY VONDERAHE

Notary Public . Notary SealState of Missouri, Jackson County

Commission Number 16254291My Commission Expires Nov 2, 2020

v^ '!»w»»w»^^,

(SEAL)

}-

Notary, sblic

, 201

My Commission Expires:

Page 5 of 5

Tulsa County Administration Building - Exterior Wndow Replacement

B3240357

Tulsa County PurchasingPerformance Bond

Any singular reference to ConB-actor, Surety, Owner or other party shall be considered plural where applicable. This document may not be altered or modified.

CONTRACTOR (Name and Address):

The Wilson Group, Inc.1606 West Main, Greenwood, MO64034

OWNER: Tulsa County Board of County CommissionersTulsa County Administration Building500 South Denver Avenue

Tulsa, Oklahoma 74103

SURETY (Nanw and Principal Place of Business):

The Cincinnati Insurance Company6200 S. Gllmore RoadFairfield. OH 45014

CONSTRUCTION CONTRACT

Datp:

Amount: $ $^n 7^60. 00Description (Name and Location):

Tulsa County Administration Building - exterior window replacementBOND:

Date (Not earlier than Construction Contract Date):

Amount: S $1, 117, 060. 00

CONTRACTOR epres ntati .

Signature: k

Name and Title: Jor n Wilson, President

/ SURETY (Representative);

Signature:

Name and Title: David S. Salavitch, attorney in fact

fFOR INFORMATION ONLY-Nama, Address and Telephone)

ASENT or BROKER:

Alscott, Inc.24901 Woodland CircleLee's Summit, MO 64086, 816 674 8067

OWNER'S REPRESENTATIVE (Architect, Engineer or other party):

GH2 Architects, LLC

DCAM/CAP - FORM A312A (08/2012) PERFORMANCE BOND PAGE 1 OF 3

1. The Contractor and the Surety, jointly and severaliy, bindthemselves, their heirs, executors, administrators, successors

and assigns to the Owner for the performance o f theConstruction Contract, which is incorporated herein byreference.

2. if the Contract or performs the Conslruction Contract, theSurety and the Contractor shall have no obligation under thisBond, except to participate in conferences as provided inSubparagraph3. l.

3. The Surety's obligation under this Bond shail arise after:

3.1 The Owner has notified the Contractor and the Suretyat its address on Page 1 that the Owner is consideringdeclaring a Contractor Default as described in Paragraph10 and has requested and attempted to arrange aconference with the Contractor and the Surety to be heldnot later than ten (10) days after receipt of such notice todiscuss methods of performing the Construction Contract.If the Owner, the Contractor and the Surety agree, theContractor shall be allowed a reasonable time toperform the Construction Contract, but such anagreement shall not waive the Owner's right, if any, subsequentiy to declare a Contractor's Default;and

3.2 The Owner has declared a Contractor Default andformally terminated the Contractor's right to complete thecontracS, Such Contractor Default shall not be declaredearlier Ihan seven (7) days after the Contractor and theSurety have received notice as provided in Subparagraph3. 1; and

3.3 The Owner has agreed to pay the Balance of theContract Price to the Surety in accordance with the termsof the Construction Contract or to a contractor selected toperform the Construction Contract in accordance wth theterms of the contract with the Owner.

4. When the Owner has satisfied the conditions of Paragraph3, the Surety shall promptly and at the Surety's expense takeone of the following actions.

4.1 Arrange for a Contractor, with consent of the Owner,to perform and complete the Construction Contract; or

4.2 Undertake to perform and complete the ConstroctionContract itself, through its agents or through independentcontractors; or

4.3 Obtain proposals or negotiated proposals fromqualified contractors acceptabie to the Owner for acontract for performance and completion of theConstruction Contract, arrange for a contract to beprepared for execution by the Owner and the contractorselected with the Owner's concurrence, to be secured withperformance and payment bonds executed by a qualifiedsurety equivalent to the bonds issued on the ConstructionContract, and pay to the Owner the amount of damagesas described in Paragraph 6 in excess of the Baiance ofthe Contract P rice incurred by the Owner resulting fromthe Contractor's default; or

4.4 Waive its right to perform and complete, arrange forcompletion, or obtain a new contractor and with

DCAM/CAP - FORSi A312A (08/2012)

reasonable promptness under the circumstances:

4.1. 1. After investigation, determine the amount forwhich it may be liable to the Owner, and as soon aspracticable after the amount is determined, tenderpayment therefor to the Owner; or

4. 1.2. Deny liability in whole or in part and noti(y theOwner citing reasons therefor.

5. If the Surety does not proceed as provided in Paragraph 4with reasonable promptness, the Surety shall be deemed to bein default on this Bond fourteen (14) days after receipt of anadditional written notice from the Owner to the Suretydemanding that the Surety perform its obligations under thisBond, and the Owier shall be entitled to enforce any remedyavailable to the Owner. If the Surety proceeds as prowded inSubparagraph 4.4, and the Owner refuses the paymenttendered or the Surety has denied liability, in u^iole or In p art,without further notice the Owner shall be entitied to enforceany remedy available to the Owner.

6. After the Ovmer has terminated the Contractor's right tocomplete the Construction Contract, and if the Surety elects toact under Subparagraph 4.1, 4.2, or 4. 3 above, then theresponsibilities of She Surety to the Owner shall not be greaterthan those of the Contractor under the Constmction Contract,and the responsibilities of the Owner to the Surety shall not begreater than those of the Owner under the ConstructionContract. To the limit of the amount of this Bond, but subject tocommitment by the Owner of the Balance of the Contract Priceto mitigation of costs and damages on the ConstructionContract, the Surety is obligated without duplication for:

6. 1 The responsibilities of the Contractor for correction ofdefective work and completion of the ConstructionContract;

6.2 Additional legal, design professional and delay costsresulting from the Contractor's Default, and resulting fromthe actions or failure to act of the Surety under Paragraph4; and

8.3 Liquidated damages, or if no liquidated damages arespecified in the Construction Contract, actual damagescaused by delayed performance or no n-perfonmance ofthe Contractor.

7. The Surety hereby waives notice of any change, includingchanges of time, to the Construction Contracl or to r elatedsubcontracts, purchase orders and other obligations.

8. Notice to the Surety, the Owner or the Contractor shall bemailed or delivered to the address shown on the signaturepage.

9. When this Bond has been furnished to comply with astatutory or other legal requirement in the location where theconstruction was to be performed, any provisions in this Bondconflicting w'th said statutory or legal requirement shall bedeemed deleted here from and provisions conforming to suchstatutory or other legal requirement shall be deemedincorporated herein. The intent is that this Bond shali beconstrued as a statutory bond and not as a common law bond.

PERFORMANCE BOND PAGE 2 OF 3

10. DEFINITIONS

10. 1 Balance of th e Contract Price: The total amount. payable by the Owner to the Contractor under theConstruction Contract after all pr oper adjustonents havebeen made. Including allowance to the Contractor of anyamounts received or to be received by the Ownar inSettlement of i nsurance or ot her claims for damag es towhich the Contractor is entitled, reduced by all valid andproper payments made to o r on behalf of the Contracto runder the Construction Contract.

10.2Construction Contract: The agreement between theOwner and the Contractor identified on thesig naturepage, including all Co ntract Documents and ch angesthereto.

10. 3Contractor Default: Failure of the Contractor, v^iichhas neither been remedied nor waived, to perform orotherwise to comply with the terms of th e Construch'onContract.

10.40wner Default: Failure of the 0 wner, which hasneither been remedied nor waived, to pay the Contractoras required by the Construction Contract.

DCAM/CAP - FORM A312A (08/2012) PERFORMANCE BOND PAGE 3 OF 3

THE CINCINNATI INSURANCE COMPANY

Fairfield, Ohio

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws ofthe'State ofO^o, and having its principal office in the City ofFairfield, Ohio, does hereby constitute and appoint

David S. Salavitch; Luke P. Sealer; Robert L. Cox, II and/or Samuel J. Sealer

of Lees Summit, Missouri . its tnie and lawful Attomey(s)-^in-Fact to sign, execute, sealand'delTver'onTts'behalf as Surety, and as its act and deed, any and all bonds, policies, undertakings, or other like instruments, as follows:

Any such obligations in the United States, up toTwenty Five Million and No/100 Dollars (525,000,000.00). _

This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Companyat a meeting held in the principal office of the Company, a quorum being present and voting, on the 6'" day of December, 1958, whichresolution is still in effect:

"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-m-Fact of the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of theCorporation, and'may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may witherwithout cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as if they had been duly executed and acknowledged by the regularly electedofficers of the Company."

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by theBoard of Directors of the Company at a meeting duly called and held on the 71h day of December, 1973.

"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed byfacsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the seal of theCompany may be affixed by facsimile to any certificate of any such^ power and any such power of certificate bearingsuch'facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealedand certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company.'

IN WITNESS WHEREOF, THE CFNCTNNATI FNSURANCE COMPANY has caused these presents to be sealed with its corporateseal, duly attested by its Vice President this 8th day of March, 2017.

^!s£^-.'CORPOR»TE\^

S^SEAL^JOHIO

STATE OF OHIOCOUNTY OF BUTLER

THE CFNCFNNATI INSURANCE COMPANY

S3^^~^. A-^SVice President

)ss:)

On this 8'h day of March, 2017. before me came the above-named Vice President of THE CINCINNATI INSURANCECOMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument isthe corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instmmentby the authority and direction of said corporation.

^£?^/y^^ '"e\i^-1 ^ 43^ .7^^-'\ .^ j^

<yMARK J. Hr'LLER, Attorney at LawNOTARY PUBLIC - STATE OF OHIOMy commission has no expirationdate. Section 147.03 O.R.C.'v-'^ss^

I, the undersigned Secretary or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the aboveis a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further cenify that the said Power ofAttorney is still in full force and effect.

thisGIVEN under my hand and seal of said Company at Fairfield, Ohio.

day of

^&Secretary

OHIO

BN-1005 (3/17)

Tulsa County Administration Building - Exterior Window Replacement

<MNy&Si .-

"^^r<<t^

B3240357Tulsa County Purchasing

Payment Bond

Any singular reference to Contractor, Surety, Owner or other party shall be considered plural vrfiere applicable. This document may not be altered or modified.

CONTRACTOR (Name and Address):

The Wilson Group, Inc.1606 West Main, Greenwood, MO64034

OWNER: Tulsa County Board of County CommissionersTulsa County Administration Building500 South Denver Avenue

Tulsa, Oklahoma 74103

SURETY (Name and Principal Place of Business):

The Cincinnati Insurance Company6200 S. Gllmore RoadFairfield, OH 45014

CONSTRUCTION CONTRACT

Date:

Amount: $ $1, 117, 060. 00

Description (Name and Location):Tulsa County Administration Building - exterior window replacement

BOND:

Date (Not earlier than Construction Contract Date):

Amount: $ $1,117,060.00

CONTRACTOR ( pres tative SURETT (Representative):

Signature:

Name and Title: jord n Wilson, President

Signature:

Name and Title: David S. Salaviteh, attorney in fact

(FOR INFORMATION ONLY-Name, Address and Telephone)

AGENT or BROKER:

Alscott, Inc.24901 Woodland CircleLee's Summit, MO 64086, 816 674 8067

OWNER'S REPRESENTATIVE (Architect, Engineer or other party):

GH2 Architects, LLC

DCAM/CAP . FORM A312B (08/2012) PAYMENT BOND PAGE 1 OF 3

1 The Contractor and the Surety, jointly and severally, bindthemselves, their heirs, executors, administrators, successorsand assigns to the Owner to pay for labor, materials andequipment furnished for use in the performance of theConstruction Contract, which is incorporated herein byreference.

2 With respect to the Owner, this obligation shall be null andvoid if the Contractor:

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

2.2 Defends, indemnifies and holds harmless the Ownerfrom claims, demands, iiens or suits by any person orentity whose claim, demand, lien or suit Is for the paymentfor labor materials or equipment furnished for use in theperformance of the Construction Contract, provided theOwner has promptly notified the Contractor and the Surety(at the address described in Paragraph 12) of any claims,demands, liens or suits to the Contractor and the Surety,and provided there is no Owner Default.

3 Wift respect to Claimants, this obligation shall be null andvoid if the Contractor promptly makes payment, directly orindirectly, for all sums due.

4 The Surety shall have no obligation to Claimants underthis Bond until:

4. 1. Claimants who are employed by or have a directcontract with the Contractor have given notice to theSurety (at the addr^s described in Paragraph 12} andsent a copy, or notice thereof, to the Owner, stating that aclaim is being made under this Bond and, with substantialaccuracy, the amount of the claim.

4.2. Claimants who do not have a direct contract with theContractor:

4.2.1. Have furnished written notice to theContractor and sent a copy, or notice thereof, to theOwner, within 90 days after having last performedlabor or last furnished materials or equipmentincluded in the daim stating, with substantialaccuracy, the amount of the claim and the name ofthe party to whom the materials were furnished orsupplied or for whom the labor was done orperformed; and

4.2,2. Have either received a rejection in whole orin part from the Contractor, or not received within 30days of furnishing the above notice anycommunication from the Contractor by which theContractor has indicated the claim will be paid directlyor indirectly; and

4.2.3. Not having been paid within the above 30days, have sent a written notice to the Surety (at theaddress listed on Page 1 ) and sent a copy, or noticethereof, to the Ovwier, stating that a claim is beingmade under this Bond and enclosing a copy of theprevious written notice furnished to the Contractor

5 if a notice required by Paragraph 4 is given by the Ovmerto 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 the Surety'sexpense take the following actions:

6. 1 Send an answer to the Claimant, with a copy to theOwner, within 45 days after receipt of the claim, stating theamounts that are undisputed and the basis for challengingany amounts that are disputed.

63. Pay or arrange for payment of any undisputedamounts.

7 The Surety's total <A>ligation shall not exceed the amountof this Bond, and the amount of this Bond shall be credited forany payments made in good faith by the Surety.

8 Amounts owed by the Owner to the Contractor under theConstruction Contract shall be used for the performance of theConstruction Contract and to satisfy claims, if any, under anyConstruction Performance Bond. By the Contractor furnishingand the Owner accepting this Bond, ttiey agree that all fundsearned by the Contractor in the performance of theConstruction Contract are dedicated to satisfy obBgations ofthe Contractor and the Surety under this Bond, subject to theOwner's priority to use the funds for the completion of thework,

9 The Surety hereby waives notice of any change, includingchanges of time, to the Construction Contract or to relatedsubcontracts, purchase orders and other obligations.

10 No suit or action shall be commenced by a Claimant underthis Bond other than in a court of competent jurisdiction or afterthe expiration of one year from the date (1) on which theClaimant gave the notice required by Subparagraph 4. 1 orClause 4.2.3, or (2) on which the last labor or service wasperformed by anyone or the last materials or equipment werefurnished by anyone under the Construction Contract,whichever of (1) or (2) first occura. If the provisions of thisParagraph are void or prohibited by law, the minimum period oflimitation available to sureties as a defense in the jurisdiction ofthe suit shall be applicable.

11 Notice to the Surety, the Owner or the Contractor shall bemailed or delivered to the address shown on the signaturepage. Actual receipt of notice by Surety, the Owner or theContractor, however accomplished, shall be sufficientcompliance as of the date received at the address shown onthe signature page.

12 When this Bond has been furnished to comply with astatutory or other legal requirement in the location where theconstruction was to be performed, any provision in this Bondconflicting with said statutory or lega! requirement shall bedeemed deleted herefrom and provisions conforming to suchstatutory or other legal requirement shall be deem incorporatedherein. The intent is that this Bond shall be construed as astatutory bond and not as a common law bond.

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

DCAM/CAP - FORM A312B (08/2012) PAYMENT BOND PAGE 2 OF 3

14 DEFINITIONS

14. 1. Claimant: fiin individual or entity having a directcontract with the Contractor or with a subcontractor of theContractor to furnish labor, materials or equipment for usein the performance of the Contract. The intent of thisBond shall be to include without limitation in the terms"labor, matsn'ais or equipment that part of water, gas,power, light, heat, oil, gasoline, telephone service or rentalequipment used in the Construction Contract, architecturaland engineering services required for performance of thework of the Contractor and the Contractor'ssubcontractors, and al! other items for which a mechanic'slien may be asserted En the jurisdiction where the labor,materials or equipment were furnished.

14. 2. Construction Contract: The agreement betweenthe Owner and the Contractor identified on the signaturepage, including all Contract Documents and changesthereto.

14.3. Owner Default: Failure of the Owner, which hasneither been remedied nor waived, to pay the Contractoras required by the Construction Contract.

DCAM/CAP - FORM A312B (08/2012) PAYMENT BOND PAGE 3 OF 3

THE CINCINNATI INSURANCE COMPANY

Fairfield. Ohio

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI FNSURANCE COMPANY, a corporation organized under the laws ofthe'State oToMo, and having its principal office in the City ofFairfield, Ohio, does hereby constitute and appoint

David S. Salavitch; Luke P. Sealer; Robert L. Cox, II and/or Samuel J. Sealer

of Lees Summit, Missouri . its tme and lawful Attomey(s)-in-Fact to sign, exec^ sealand'delivei'onTts'behalf as "Surety, and as its act and deed, any and all bonds, polices, undertakings, or other like instruments, as follows:

Any such obligations in the United States, up toTwenty Five Million and No/100 Dollars ($25,000,000.00).

This appointment is made under and by authority of the following resolution passed by the Board of Dlrcctor50fsald^om^an^at a meeting hefd'm'the'principaf office of the Company a quorum being'present and voting, on the 6-" day of December, 1958, whichresolution is still in effect:

. 'RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in-Fact'of "the Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of theCorporation, and may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may with orwithout cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-^Fact "shalFbe'binding upon the Company as'if they had been duly executed and acknowledged by the regularly electedofficers of the Company."

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by theBoard of Directors of the Company at a meeting duly called and held on the 7lh day of December, 1973.

"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed byfacsirnile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary^and the seal of theCompany may be affixed by facs'imile to any certificate of any such power and any such power of certificate bearingsuch facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealedand certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."

IN WITNESS WHEREOF, THE CFNCrNNATI INSURANCE COMPANY has caused these presents to be sealed with its corporateseal, duly attested by its Vice President this 8lh day of March, 2017.

^^!^._'fww"^

^SEAL^I

THE CINCINNATI INSURANCE COMPANY

°fno

STATE OF OHIOCOUNTY OF BUTLER

S^b^^^- A-^Vice President

)ss:)

On this 8[h day of March, 2017, before me came the above-named Vice President of THE CINCFNNATI INSURANCECOMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument isthe corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument

the authority and direction of said corporation.

,.^^^^^°^l-k

\' ^^̂"I

^-y<$^

-> .7^^MARK J. HOLLER, Attorney at LawNOTARY PUBLIC - STATE OF OHIOMy commission has no expirationdate. Section 147.03 O.R.C.

I, the undersigned Secretai-y or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certitv that uie aboveis a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power ofAttorney is still in full force and effect.

thisGIVEN under my hand and seal of said Company at Fairfield, Ohio.

day of

..-^!2!!^.Sf CORPOMTE

S^SEAL

-^^Secretary

0 H~\Q

BN-1005 (3/17)

B3240357

Tulsa County PurchasingStatutory Defect Bond

61 O.S. 1991, Section 113 (B)(3)

KNOW ALL MEN BY THESE PRESENTS,

Y^gt The Wilson Group, Inc. , as Principal and The Cincinnati insurance Comgarr^a corporation organized under the laws of the State of Ohig^ and authorized to transact business

in the State of Oklahoma, as Surety, are held and firmly bound unto the Board of County Commissioners of Tulsa County, Oklahoma,in the penal sum ofOne million one hujTdred seventeen thousand sixty & 00/100 Dollars ($$1-'117.060'00in lawful money of the United States of America, said sum being equal to One Hundred percent (100%) of the Contract price, for thepayment of which, well and fruly to be made, we bind ourseh/es and each of us, our heirs, executors, administrators, trustees,successors, and assigns, jointly and severally, firmly by these presents:

The condition of this obligation is such that:

WHEREAS, said Principal entered into a written contract with the Board of County Commissioners of Tulsa County,dated_ _, for Tjjlsa_CoyntY^Administration Buildin - exterior window re lacement

all in compliance with the plans and specifications therefore, madea part of said contract and on file in the Tulsa County Clerk's Office, 500 South Denver Avenue, Tulsa, Oklahoma 74103.

NOW, THEREFORE, if said Principal shall pay or cause to be paid to the Board of County Commissioners of Tulsa Countyall damage, loss, and expense which may result by reason of defective materials and/or workmanship in connection with said work,occurring within a period of one (1) year from and after e acceptance of said project by the Board of County Commissioners ofTulsa County; then this obligation shall be null and void, otherwise to be and remain in full force and effect.

It is expressly agreed and understood by the parties hereto that no changes or alterations in said Contract and no deviationsfrom the plan or mode of procedure herein fixed shall have the effect of releasing the sureties, or any of them, from the obligations ofthis Bond.

IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name and its corporate seal tobe hereunto affixed by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and itscorporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do, the day and year set forth below.

DATED this day of ,20 PRINCIPAL:

By\Jor n Wilson

(Authorized R resenl me Pr ed Warn

ATTEST:

(Prmcipa's Cwpomie Sea!)

(Nolgrisl Seat S Signature)

(Siireiy Corporate Ssaij

(Authorized epis alive Signattire)

President

By

(Authorized Representative Printed Title)

SURE

(A omsy-in- a ignature)

,. David S,_Salavitch_(Aeomey-in-Facl Printed Name)24901 Woodland Cir.

(Surety Address)

Lee's Summit, MO 64086(City, State, 25p)

8166748067STslephone)

david@alscQttinc,CQm(Email)

DCAM/CAP - FORM A312C (08/2015) STATUTORY DEFECT BOND PAGE 1 OF 1

THE CINCINNATI INSURANCE COMPANY

Fairfield. Ohio

POWER OF ATTORNEY

KNOW ALL MEN BY THESE PRESENTS: That THE CINCINNATI INSURANCE COMPANY, a corporation organized under the laws ofthe State of Ohio, and having its principal office in the City ofFairfield, Ohio, does hereby constitute and appoint

David S. Salavitch; Luke P. Sealer; Robert L. Cox, II and/or Samuel J. Sealer

of Lees Summit, Missouri . its true and lawful Attomey(s)-^in-Fact to sign, execute, sealand deliver on its'behalf as Surety, and as its act and deed, any and all bonds, polices, undertakings, or other like instruments, as follows:

Any such obligations in the United States, up toTwenty Five Million and No/100 Dollars ($25,000,000.00).

This appointment is made under and by authority of the following resolution passed by the Board of Directors of said Companyat a meeting held in the principal office of the Company, a quorum being present and voting, on the 6"' day of December, 1958, whichresolution is still in effect:

"RESOLVED, that the President or any Vice President be hereby authorized, and empowered to appoint Attomeys-in-Fact'ofthe Company to execute any and all bonds, policies, undertakings, or other like instruments on behalf of theCorporation, and'may authorize any officer or any such Attomey-in-Fact to affix the corporate seal; and may witherwithout cause modify or revoke any such appointment or authority. Any such writings so executed by such Attorneys-in-Fact shall be binding upon the Company as'if they had been duly executed and acknowledged by the regularly electedofficers of the Company."

This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by theBoard of Directors of the Company at a meeting duly called and held on the 7lh day of December, 1973.

"RESOLVED, that the signature of the President or a Vice President and the seal of the Company may be affixed byfacsimile on any power of attorney granted, and the signature of the Secretary or Assistant Secretary and the sea of theCompany may be affixed by facs'imile to any certificate of any such power and any such power of certificate bearingsuch facsimile signature and seal shall be valid and binding on the Company. Any such power so executed and sealedand certified by certificate so executed and sealed shall, with respect to any bond or undertaking to which it is attached,continue to be valid and binding on the Company."

IN WITNESS WHEREOF, THE CFNCTNNATI FNSURANCE COMPANY has caused these presents to be sealed with its corporateseal, duly attested by its Vice President this S"' day of March, 2017

THE CINCINNATI INSURANCE COMPANY

5^^^^ A-<^,.̂ ^,

CORroliCTE^IS^SEAL^S

0 HI 0

STATE OF OHIO ) ss:COUNTY OF BUTLER )

Vice President

On this S"' day of March, 2017, before me came the above-named Vice President of THE CINCINNATI INSURANCECOMPANY, to me personally known to be the officer described herein, and acknowledged that the seal affixed to the preceding instrument isthe corporate seal of said Company and the corporate seal and the signature of the officer were duly affixed and subscribed to said instrument

and direction of said corporation.,tt"""»»»<

x^**r^/^^Wf/<^^

-7 .7^-^-'^^

MARK J. HFlLLER, Attorney at LawNOTARY PUBLIC - STATE OF OK!0My commission has no expirationdate. Section 147. 03 O. R. C.v^f^y

I, the undersigned Secretai-y or Assistant Secretary of THE CINCINNATI INSURANCE COMPANY, hereby certify that the aboveis a true and correct copy of the Original Power of Attorney issued by said Company, and do hereby further certify that the said Power ofAttorney is still in full force and effect.

thisGIVEN under my hand and seal of said Company at Fairfield, Ohio.

day of

Secretary

o iT\ o

BN-1005 (3/17)

^0»D- CERTIFICATE OF LIABILITY INSURANCE "'"'^TTHIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THISCERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIESBELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZEDREPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

ANT: If the cenificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL IN URED provisions or be endorsed.If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement onthis certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER

Tipton Hill Insurance

1201 NW North Ridge DrSuite B

Blue SpringsINSURED

MO 64015

THE WILSON GROUP INC

1606 WEST MAW STREET

GREENWOOD MO 64034-8601

COVERAGES CERTIFICATE NUMBER:

NAME: Jill Garcia

PO?NNEoExt: 816-779-7400ADDRESS; jgarcia@tiptonhill.com

INSURER(S) AFFORDING COVERAGE

Owners Insurance

Missouri Employers Mutual

Argonaut Insurance Company

(A/C, No): 816-220-2232

INSURER A

INSURER B

INSURER C

INSURER D

INSURER E

INSURER F

REVISION NUMBER:

INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THISCERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

LTR TYPE OF INSURANCE

X COMMERCIAL GENERAL LIABILITT

CLAIMS-MADE I Xl OCCUR

X; Contractual LiabilityX Independent Contractors

GEN'L AGGREGATE LIMIT APPLIES PER:

POLICY [X]JPERC°T II LOGOTHER:

AUTOMOBILE LIABILITY

X ANY AUTOOWNEDAUTOS ONLYHIREDAUTOS ONLY

SCHEDULEDAUTOSNON-OWNEDAUTOS ONLY

X UMBRELLA LIABEXCESS LIAB

X OCCUR

CLAIMS-MADE

DED RETENTION $

ORKERS COMPENSATION

ND EMPLOYERS' LIABILITY y / NNY PROPRIETOR/PARTNER/EXECUTIVE

B/C FFICER/MEMBER EXCLUDED? -1 N(Mandatory In NH)If yes, describe underDESCRIPTION OF OPERATIONS below

Inland Marine Installation Floater

Rentfiri Rniiinmnnt F/ivftrflOR

NAIC#

32700

10191

19801

INSD WVD POLICY NUMBER

Y 75790894

51-790894-00

51-790894-01

N' A MEG 0508437-15/ 92839829759

75790894

(MMfDDWYYY)

06/01/2018

06/01/2018

06/01/2018

06/01/2018

06/01/2018

MMfDD/YYYY

06/01/2019

06/01/2019

06/01/2019

06/01/2019

06/01/2019

LIMITS

EACH OCCURRENCE

S (Ea occurrence)

MED EXP (Any one person)

PERSONAL &ADV INJURY

GENERAL AGGREGATE

PRODUCTS - COMP/OP AGG

Ea accident

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

(Per accident)

EACH OCCURRENCE

AGGREGATE

X STATUTE ERE.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

2,500,000

100,000

$

$

$

$

$

t

t

$

$

$

$

$

$

$

$

$

$

$

1,000,000

100,00010,000

1,000,0002,000,0002,000,000

1,000,000

5,000,000

1,000,0001,000,0001,000,000

Coverage Limit

Coverage LimitDESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)Project: Tulsa County Administration Building - Exterior Window Replacement

Board of County Commissioners, Tulsa County, Oklahoma and GH2 architects, LLC, by written contract are listed as Additional Insureds.

CERTIFICATE HOLDER CANCELLATION

Tulsa County, Oklahoma

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORETHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED INACCORDANCE WITH THE POLICY PROVISIONS.

Board of County Commissioners

500 S. Denver Ave.

Tulsa, OK 74103

ACORD25(2016/03)

AUTHORIZED REPRESENTATIVE

jyLt P ^igfcre^&/©1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD