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07/17/2019 Agreement
co Qr0'11 ° s°°° °f 1�, Kevin Madok, CPA If*0%.`:•:� �.= Clerk of the Circuit Court&Comptroller—Monroe County, Florida 11�ROE cou DATE: August 20, 2019 TO: Breanne Erickson Budget/Contract Administrator Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, S.C. SUBJECT: July 17th BOCC Meeting Attached is an electronic copy of the following item for your handling: S4 Contract with the highest ranked respondent, Cornerstone Design, to build a 360 square foot(one bedroom, one bathroom) "Tiny Home" on a County owned parcel at 39 Jenny Lane, Key Largo for a lump sum fee of$101,197.00 paid for by One Cent Infrastructure Sales Tax Funds. Should you have any questions, please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING 500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road Key West,Florida 33040 Marathon,Florida 33050 Plantation Key,Florida 33070 Plantation Key,Florida 33070 305-294-4641 305-289-6027 305-852-7145 305-852-7145 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 17th day of July , 2019 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Cornerstone Design Build, Inc. d/b/a Cornerstone Tiny Homes 1687 Timocuan Way, Suite 101 Longwood, Florida 32750 For the following Project: "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Scope of the Work The Scope of Work shall include installation of a 360 square foot (SF), one (1) bedroom, one (1) bathroom "tiny home" on the Key Largo site per the proposal submitted on September 25, 2018. The home is to be constructed on the County owned vacant parcel at 39 Jenny Lane in Key Largo, Florida. The Scope of Work includes all tasks required for the design/build of this structure including all aspects of design (including any geotechnical or material testing required), the acquisition of all permits, all site preparation work required by those permits, and all major appliances (including range/oven and refrigerator) with corresponding warranties for an occupancy ready "tiny house". ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions'as contained in the Request for Proposals as posted on Demandstar on August 4, 2018), Drawings, Specifications, Proposal Documents (including written responses to clarifying questions), Addenda issued prior to execution of this Agreement, together with the response to the RFP and all required insurance documentation, and AGREEMENT Page 1 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements,either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than ninety (90) calendar days after the date of commencement or issuance of a Notice to Proceed. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 ST DAY& CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under$50,000.00 $50.00/Day $100.00/Day $250.00/Day $50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day $100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day $500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day The Contractor's recovery of damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. 3.2 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or AGREEMENT Page 2 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an°Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost, or availability of materials, components,.or services, market conditions, or supplier actions, or contract disputes will not excuse performance by Contractor under this Section. Contractor shall give County written notice within seven (7)days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred One Thousand One Hundred Ninety- seven Dollars and no cents ($101,197.00), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: NIA 4.3 Unit prices, if any, are as follows: N/A ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents.The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of AGREEMENT Page 3 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 Retainage often percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty(20) AGREEMENT Page 4 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment) are required for Final Payment (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2)hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C.Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). ARTICLE 7 Miscellaneous Provisions 7.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services:As described in Section 01500,Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. 7.5 A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a proposal on a contract with a public entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public entity, AGREEMENT Page 5 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime"regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County if it or any subcontractor or Contractor is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books, records,and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five (5) years from the termination of this agreement or for a period of three (3)years from the submission of the final expenditure report as per 2 C.F.R. §200.333, whichever is greater. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for five (5) years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid to Contractor. .Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files(including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates;estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred as"County Clerk")to substantiate charges related to this agreement,and all other agreements,sources of information and matters that may in Owner's or the County Clerk's reasonable judgment have any bearing on or pertain AGREEMENT Page 6 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION to any matters, rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site,witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall be kept for seven (7)years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records,assets, and activities relating to this Project. If any auditor employed by Monroe County or the County Clerk determines that monies paid to Contractor pursuant to this Agreement were spend for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03 Fla. Stat., running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees, This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attomey's fees and court costs as an award against the non-prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. AGREEMENT Page 7 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. j) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. The parties agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1)Title VII of the Civil Rights Act of 1964 (PL 88-352), which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC§§ 1681- 1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC §794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§6101-6107),which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, §§523 and 527 (42 USC §§690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of AGREEMENT Page 8 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION housing; 9) The Americans with Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,color, sex,religion, national origin, ancestry,sexual orientation, gender identity or expression, familial status or age; and 11) any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of,this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II,¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity,or national origin. Such action shall include,but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. 3) The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. AGREEMENT Page 9 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 4) The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations,and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled,terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or • federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United States to enter into such litigation to protect the interests of the United States. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. AGREEMENT Page 10 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Access. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Sec. 119.0701 and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (2) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following AGREEMENT Page 11 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract,the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records,in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter,destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non-Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the Contractor and the County in this Agreement and the acquisition of any commercial liability insurance coverage,self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the County be required to contain any provision for waiver. p) Privileges and Immunities.All of the privileges and immunities from liability,exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or • AGREEMENT Page 12 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance,may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. r) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third- party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. t) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. u) Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage,fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness,intentional wrongful misconduct,errors or other wrongful act or omission AGREEMENT Page 13 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for the above. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. x) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition,the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. y) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. AGREEMENT Page 14 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor. Brett Hiltbrand, CEO Cornerstone Design Build. Inc., d/b/a Cornerstone Tiny Homes 1687 Timocuan Way. Suite 101 Longwood, Florida 32750 For Owner: Director of Project Management County Attorney 1100 Simonton St., Room 2-216 1111 12th Street, Suite 408 Key West, Florida 33040 Kev West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but not limited to: 7.8.1 Clean Air Act and the Federal Water Pollution Control Act. CONTRACTOR agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act(42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). • 7.8.2 Davis-Bacon Act,as amended (40 U.S.C.3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000 awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 31413144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, CONTRACTORS must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, CONTRACTORS must be required to pay wages not less than once a week. If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit A). The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding,agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also AGREEMENT Page 15 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION comply with the Copeland "Anti-Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States").As required by the Act, each CONTRACTOR or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. 1) The CONTRACTOR shall comply with 18 U.S.C. § 874,40 U.S.C. §3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. 2) Subcontracts. The CONTRACTOR or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.The prime CONTRACTOR shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §5.12. 7.8.3 Contract Work Hours and Safety Standards Act(40 U.S.C. 3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C.3702 of the Act, each CONTRACTOR must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40) hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. AGREEMENT Page 16 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 7.8.5 Clean Air Act(42 U.S.C.7401-7671a.).Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency(EPA). 7.8.6 Debarment and Suspension(Executive Orders 12549 and 12689).A contract award (see 2 CFR 180.220)must not be made to parties listed on the government wide exclusions in • the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 7.8.7 Byrd Anti-Lobbvinq Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR 4 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste Disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (1) In the performance of this contract, the CONTRACTOR shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2) Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.qovismm/comorehensive-procurement-qu ideline-cpq-program. Other Federal Requirements(as applicable): AGREEMENT Page 17 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 7.8.9 Americans with Disabilities Act of 1990, as amended, (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement.The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. If the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321,the CONTRACTOR shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. ,Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and womeri's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses,and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through (5) of this section. 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the CONTRACTOR during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the AGREEMENT Page 18 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12 Fraud and False or Fraudulent or Related Acts. The CONTRACTOR acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the CONTRACTOR'S actions pertaining to this contract. 7.8.13 Access to Records. The following access to records requirements apply to this contract: (1) The CONTRACTOR agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the CONTRACTOR which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2) The CONTRACTOR agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The CONTRACTOR agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract. 7.9 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.10 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement,to the extent allowed and required by law. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five (5) days'written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days'written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates AGREEMENT _ Page 19 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however,the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon sixty (60) days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies. For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: a) Drawings: None b) Project Manual: None c) Detailed Site Specific Information: See Appendix I of the RFP for the specific site AGREEMENT Page 20 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None 9.1.4 The Addenda, if any, are as follows: Number Date Pages 1 August 21, 2018 10 2 September 12, 2018 1 This Agreement is entered into as of the day and year first written above and is executed in at least three (3)original copies of which one (1) is to be delivered to the Contractor. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW AGREEMENT Page 21 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Execution by the Contractor must be by a person with authority to bind the entity. "�'¢ ''` '; +4 ! TURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. BOARD OF COUNTY COMMISSIONERS i ,.•?.,,, ,,,A:e. ' ' ' = i evin Madok, Clerk OF MONROE COUNTY, FLORIDA y f} � I.•y / i3 \�' 4' b.r ouK'� '/ y• eputy Clerk ayor/Chairman Date /7,aO I / (SEAL) CONTRACTOR'S Witnesses Attest: CONTRACTOR: CORNERSTONE DESIGN Contractor must provide two witnesses BUILD,INC., d/b/a Cornerstone Tin signatures Homes ,( ' Signature: Signature: ` �6�+ Brett Hiltbrand g Print Name: Print Name: Kimberly Hiltbrand Title: CEO 3 N c..• ZS., - y Title: coo Date: July 25,2019 X"r- =: c r l xi IV Date: July 25.2019 r , d !.` and .n Signaturg e'' .1149 r / - MONROE COUNTY A ]RNEY'S oFPICE RAVED AS, F R .......21g Print Name: Jared Kelley PATRICIA EABLES ASSISTANT CONTY ATTORNEY Title: Production Manager DATE: 7 Y. 1 I Date: July 25,2019 STATE OF FLORIDA, COUNTY OF lv'l,4Oc-C On this •S day of S LPL V , 20 e undersi ned notary public, personally appeared k na`n to me to be the person hose name is subscribed above or who produced as identification, and acknowledged that he/she is the person who executed the above contract with Monroe County for "TINY HOUSE"CONSTRUCTION AND DEMONSTRATION for the purposes therein contained. ;:�*'"•44;.: ROY LEWIS DOOLITTLE Notary Public: , f�j`� 7: aa MY COMMISSION#GG068565 ' tie;,;,,: EXPIRES April 21,2021 Print Name: g6Y j. '64 u'r7"LC My commission expires: 4 l L z I, ZOZ J (Seal) AGREEMENT Page 22 of 23 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION EXHIBIT "A" Davis-Bacon Wage Determination AGREEMENT Page 23 of 23 beta.SAM.gov Page 1 of 7 "General Decision Number: FL20190045 01/04/2019 Superseded General Decision Number: FL20180088 State: Florida Construction Type: Residential County: Monroe County in Florida. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family homes and apartments up to and including 4 stories) . Note: Under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2015. Tf this contract is covered by the EO, the contractor must pay all workers in any classification listed on this wage determination at least $10.60 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must pay workers in that classification at least the wage rate determined through the conformance process set forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that this EO applies to the above-mentioned types of contracts entered into by the federal government that are subject https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 beta.SAM.gov Page 2 of 7 to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (2)-(60) . Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/04/2019 t SUFL2009-084 06/08/2009 Rates Fringes CARPENTER $ 15.83 0.00 CEMENT MASON/CONCRETE FINISHER $ 12.81 0.00 ELECTRICIAN $ 10.80 0.00 HVAC MECHANIC (HVAC System Installation Only) $ 13.96 0.00 LABORER: Common or General $ 7.25 0.00 LABORER: Mason Tender - Cement/Concrete $ 9.00 0.00 LABORER: Pipelayer $ 9.71 0.00 OPERATOR: Backhoe $ 13.92 0.00 OPERATOR: Loader $ 12.00 0.00 PLUMBER $ 13.23 0.00 https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 beta.SAM.gov Page 3 of 7 ROOFER, Including Built Up and Shake and Shingle $ 12.70 0.00 TRUCK DRIVER, Dump and Lowboy $ 11.40 0.00 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Note: Executive Order (E0) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (ii) ) . https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 beta.SAM.gov Page 4 of 7 The body of each wage determination lists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the wage determination. The classifications are listed in alphabetical order of ""identifiers"" that indicate whether the particular rate is a union rate (current union negotiated rate for local) , a survey rate (weighted average rate) or a union average rate (weighted union average rate) . Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other than ""SU"" or ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage .determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example is July 1, 2014. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CEA) governing this classification and rate. Survey Rate Identifiers Classifications listed under the ""SU"" identifier indicate that no one rate prevailed for this classification in the survey and the published rate is derived by computing a weighted average rate based on all the rates reported in the survey for that https://beta.sam.gov/wage-determination/FL20190045/0/document 7l2/2019 beta.SAM.gov Page 5 of 7 classification. As this weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SULA2012-007 5/13/2014. SU indicates the rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications: however, 100/ of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08/29/2014. UAVG indicates that the rate is a weighted union average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date for the classifications and rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. WAGE DETERMINATION APPEALS PROCESS https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 beta.SAM.gov Page 6 of 7 1.) Has there been an initial decision in the matter? This can be: • * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2.) and 3.) should be followed. With regard to any other matter not yet ripe for the formal process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2.) If the answer to the question in 1.) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 beta.SAM.gov Page 7 of 7 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION https://beta.sam.gov/wage-determination/FL20190045/0/document 7/2/2019 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION SECTION 00130 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements for Construction Contractors and Subcontractors Prior to the commencement of work govemed by this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in the attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Sub-Contractors engaged by the . Contractor.As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays In the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified In any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended,except for the Contractor's failure to maintain the required insurance. The Contractor will be held responsible for all deductibles and self-Insured retentions that may be contained In the Contractor's Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either • Certificate of Insurance or • A Certified copy of the actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty(30)days prior notification Is given to the County by the insurer. INSURANCE REQUIREMENTS AND FORMS 00130.Page 33 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION The acceptance and/or approval of the Contractor's Insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, Its employees and officials will be included as"Additional Insured"on all policies,except for Workers'Compensation. In addition, the County will be named as an Additional Insured and Loss Payee on all policies covering County-owned property. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. INSURANCE REQUIREMENTS AND FORMS 00130-Page 34 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION WORKERS'COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: "TINY HOUSE"CONSTRUCTION AND DEMONSTRATION BETWEEN MONROE COUNTY, FLORIDA AND Cornerstone Design/Build dba Cornerstone Tiny Homes Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes and the requirements of Florida Statutes, Chapter 440. In addition, the Contractor shall obtain Employers'Liability Insurance with limits of not less than: $1,000,000 Bodily Injury by Accident $1,000,000 Bodily Injury by Disease, policy limits $1.000,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the state of.Florida. If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization Issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. • If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. • INSURANCE REQUIREMENTS AND FORMS 00130-Page 35 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION BETWEEN MONROE COUNTY, FLORIDA AND Cornerstone Design/Build dba Cornerstone Tiny Homes Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include,as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal injury Liability The minimum limits acceptable shall be: $1,000,000 Combined Single Limit An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of twelve (12)months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. INSURANCE REQUIREMENTS AND FORMS 00130-Page 36 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR "TINY HOUSE CONSTRUCTION AND DEMONSTRATION BETWEEN MONROE COUNTY, FLORIDA AND Cornerstone Design/Build dba Cornerstone Tiny Homes Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: • Owned, Non-Owned,and Hired Vehicles The minimum limits acceptable,shall be: $300,000 Combined Single Limit(CSL) If split limits are provided,the minimum limits acceptable shall be: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. - INSURANCE REQUIREMENTS AND FORMS 00130-Page 37 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $1,000,000 Bodily injury by Accident $1,000,000 Bodily Injury by Disease Policy Limits $1,000,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability(Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $200,000 Property Damage The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business In the State of Florida. Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(I)any claims, actions or causes of action, (ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or In connection with, (A)any activity of Contractor or any of its employees,agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C)Contractor's default In respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or Invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. INSURANCE REQUIREMENTS AND FORMS 00130-Page 38 of 261 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES l Cyi - 000 g518'78o / t/11 /qfl Liability policies are Occurrence Claims Made k-.i�/ Zz� u-Idcs .+tysNrAnC(. Insurance Agency Signature co 17ciCj4 45cyW INSURANCE REQUIREMENTS AND FORMS 00130-Page 40 of 261 �'""11 CORNE-2 oP10:syc A`CO�?®� CERTIFICATE OF LIABILITY INSURANCE oATfilYY1DD/YT1Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is en ADDITIONAL INSURED,the pollcy(Ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endoraement(s). PRODUCER 407-425-3411 OM=Will Way O'Neil,Leos West,Inc. 407-425-3411 FaX 3222 Corrine Drive,Suite C lAic.Na Eu1= I{uC,Iw1 7-843-2632 Orlando,FL 32803 irliansl Will Way esteems]Arc-ammo COYFAAGE NAIL r INSUReRA:James River Insurance Company 12203 INSURED Comeretone Design Build,Inc. IN$URSR•.I:FVA Mutual 1038$ Klm Hier-and 1887 Tlmocuan Way ste 101 INSURFJR C.7 Longwood,FL 32760 INSumt o: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED_ NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN.THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. INEEXCLUSIONS AND CONDITIONS OF SUCH POLICII�E�S.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE M�SR WrItT POLICY RIMER „aim, 0lLEIPyypyl U E15 A coeuERcIAL GENERAL uAaA,TY EACHAM1A OoEccTpuRRE;NCE $ 1,000,000 I C L�J E OCCUR y 000/3488900 08/04/2018 08104/2019 I;REMSEBtE:.REO«w,1 s 100,000 MED EXP[Any antmrnon, $ 8,000 PERSONALEADVINIURY s 1,000,000 5 0LAGG MIT IT AP SPER GENERAL AGGREGATE s 2,000,000 —PDLICYJEOT I J Lac A7PRODUCT$-C¢MVPADO : OTHPR _ I AUTO410aiLE LMMt71Y RIMMED SINGIE UMIt $ — ANY AUTO DODILY INJURY IPe+Pimp] S _WA ONLY WOMB pROOOILY IN/DRY(Pr.rsCa.NI S —WA ORLY _IUITOS ONLY Iwr�EAcn0�w1 lATAAGE $ - $ DYOAEU-0UAa OCCUR ,EACH 000URREarGE $ EXCESS UM CLAIMtS•MADE AGGREGATE $ ow I I RETENnON s B wORRERe COMFOMATION X I PER I I OM- a ANO EMPLOYERS'manor ',, STATUTP PR ApN�FYPRoretETo Mm,E pT cvrnE, NrA NCI4acc.7SI.D1u 08J0412Q1B 08/04/2019 EL EACHACCIoENT $ 1,000,0001 I�Yr+et��� L� EL DISEASE-EA EMPLOYER 3 1,000,000i DESCRIIPnION OFFOOPERATIONS Wbw E L DISEASE.POLICY LIMIT $ 1.000,0001 DESCRIPTION OF OPERATIONS I LDCATLORS I VEHICLES(ACORD 101,AddSlmnel Remarks SehWWII,may B.Attached U men I Fuca Is named) Certificate holder Is added as an additional Insured as it pertains to general liability as per written contract. CERTIFICATE HOLDER r CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe CountyBoard of CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West,FL 33040 I ACORD 26 12016103) LD 1888.2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION In the event that the completion of the project (to include the work of others) Is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity In the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the Indemnification provided for the above. The extent of liability is in no way limited to, reduced,or lessened by the insurance requirements contained elsewhere within this AGREEMENT. FDEM indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attomey's fees, to the extent caused by the negligence, recklessness or Intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County) Agency's sovereign immunity. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. fee., Brett Hiltbrand PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130-Page 39 of 261 CORNE-2 OP ID: DS AC®RD' CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 08/08/2019 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must have ADDITIONAL INSURED 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 on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 407-425-3411 CONTACT Will Way O'Neil,Lee&West,Inc. PHONE 407-425-3411 I FAX 407-843-2632 3222 Corrine Drive,Suite C (A/C,No,Ext): (AIC,No): Orlando,FL 32803 E-MAIL ADDRESS: Will Way INSURER(S)AFFORDING COVERAGE NAIC# INSURER A:FFVA Mutual 10385 INSURED INSURERB:James River Insurance Company 12203 Cornerstone Design Build,Inc. Kim Hiltbrand V INSURER C: Longwood FL 32750ste 101 INSURER D INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSR WVD, IMMIDD/YYYY1 IMMIDD/YYYYI B X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE X OCCUR 00084890-01 08/04/2019 08/04/2020 DAMAGE TO RENTED 100,000 Y PREMISES(Ea occurrence) $ MED EXP(Any one person) $ 5,000 PERSONAL&ADVINJURY $ 1,000,000 GEN'L AGGREGATE LIMITAPPLIESPER: .GENERAL AGGREGATE $ 2,000,000 POLICY JIRCT LOC - PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILECOMBINED SINGLE LIMIT LIABILITY (Ea accident) S ANY AUTO BODILY INJURY(Per person) $ _ OWNED SCHEDULED AUTOS ONLY _ AUTOS BODILY INJURY(Per accident) $ AUTOS ONLY - NON-OWNED ONLYY (Per PROPERTY $ UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE S DED RETENTION$ $ A WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE YIN WC840-0033761-2019A 08/04/2019 08/04/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe County Board of County Commissioners are named Additional Insured with respect to General iabiity as required by written contract. BYP O RF I AGEMENT DATE WAIVER A Y 3 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe CountyBoard of CountyTHE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Commissioners 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West,FL 33040 ACORD 25(2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD CORNE-2 PAGE 2 INSURED'S NAME OP ID: DS Date 08/08/2019 Cornerstone Design Build,Inc. coverage. Number of dealer plates equals 3 Effective date of certificate: Allstate Lienholder Service Center July 27,2019 Page 1 of 2 PO Box 660349 Dallas,TX 75266-0349 Policyholder: BRETT AND KIMBERLY J HILTBRAND 1819 MISTY MORN PL LONGWOOD FL 32779-3015 Policy number -11111'I1111II1I1I1'III1I1'I11'1I'1III111'1I1I11II111II1I1I11I11I 981941417 MONROE COUNTY Allstate Insurance Company 1100 SIMONTON ST Northbrook,Illinois,certifies that KEY WEST FL 33040-3110 the following insurance is in force: Policy period: Beginning March 27,2019 through September 27,2019 at 12:01 a.m.standard time Certificate of Insurance The person or organization designated below is described in the policy as: MONROE COUNTY 0 Lienholder Agent: 1100 SIMONTON ST (Loss Payable Clause) F&C INS KEY WEST,FL 33040-3110 ll Additional Interested Party (954)300-2667 Coverages designated below are afforded for each described vehicle: Item VIN Limit of liability Deductible 2011 F250 4WD 1FT7X2B62BEA34146 BI Each Person$100,000 Each Occurrence$300,000 PD Each Occurrence$300,000 •Collision $1,000 • Comprehensive $500 See reverse side for provisions concerning Loss Payable Clause and Additional Interested Party. This Certificate of Insurance neither affirmatively nor negatively amends,extends or alters the coverage afforded by the policy referred to above. Date:07/26/19 D1696 Y 16K AGEI�A SY _ �'�fI✓t" DATE WAIVER PI/ YES Certificate of Insurance Page 2 of 2 Allstate Insurance Company Policy number: L981941417 The Loss Payable Clause of such policy provides: "The company reserves the right to cancel such policy at any time as provided by its terms,but in such case the company shall notify the Lienholder when not less than ten days thereafter such cancellation shall be effective as to the interest of said Lienholder therein and the company shall have the right,on like notice,to cancel this agreement." The Additional Interest Endorsement of such policy,in part,provides: • "...such insurance as is afforded by the policy"for automobile liability insurance listed on the reverse side hereof applies also to the person or organization named as Additional Interested Party."As respects such...interest,no cancellation...and no endorsement...adversely affecting such additional interest,shall be effective until ten(10)days following the mailing of written notice(to the person or organization)of such cancellation or endorsement..." r N 0 0 0 o 0 0 0 0 N N m O 0o m n a, N N 0 0 O O O O N n N O CVm N O m 0 m 0 t0+1 0 0'D O O 0 0 Thank you for choosing Allstate All Allstate@ You're in good hands. Proof of Insurance Card Page 1 of 2 For your convenience,two insurance cards have been included for each vehicle.State law requires that one of these cards be kept in each vehicle.Please place them in your vehicles by the effective date. Allstate. Allstate, J You're in good hands. You're in good hands. p Please use the printed Insurance Cards below. Please use the printed Insurance Cards below. f 1 PE .e're, , YLk 954-30 0 '''&6)(0.--7 Florida Automobile A l l state q Florida Automobile Allstate Insurance Identification Card You're in good hands. Insurance Identification Card You're in good hands. Allstate Fire and Casualty Insurance Company Allstate Fire and Casualty Insurance Company POLICY NUMBER' COMPANY CODE EFFECTIVE DATE POLICY NUMBER COMPANY CODE EFFECTIVE DATE 981941417 -09388 03/27/19 981941417 -09388 03/27/19 0 PERSONAL INJURY PROTECTION BENEFITS/ xJ BODILY INJURY 0 PERSONAL INJURY PROTECTION BENEFITS/ 0 BODILY INJURY PROPERTY DAMAGE LIABILITY LIABILITY PROPERTY DAMAGE LIABILITY LIABILITY Brett and Kimberly J Hiltbrand Brett and Kimberly J Hiltbrand 1819 Misty Morn PI 1819 Misty Morn PI Longwood FL 32779-3015 Longwood FL 32779-3015 YEAR/MAKE/MODEL VEHICLE ID NUMBER YEAR/MAKE/MODEL VEHICLE ID NUMBER 2003 Ford Truck F150 4wd 2FTRX08W83CA42277 2003 Ford Truck F150 4wd 2FTRX08W83CA42277 NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE Florida Automobile A l l state R Florida Automobile Allstate. Insurance Identification Card You're in good hands. Insurance Identification Card You're in good hands. Allstate Fire and Casualty Insurance Company Allstate Fire and Casualty Insurance Company POLICY NUMBER COMPANY CODE EFFECTIVE DATE POLICY NUMBER COMPANY CODE EFFECTIVE DATE 981941417 -09388 03/27/19 981941417 -09388 03/27/19 0 PERSONAL INJURY PROTECTION BENEFITS/ 0 BODILY INJURY x❑ PERSONAL INJURY PROTECTION BENEFITS/ 0 BODILY INJURY PROPERTY DAMAGE LIABILITY LIABILITY PROPERTY DAMAGE LIABILITY LIABILITY Brett and Kimberly J Hiltbrand Brett and Kimberly J Hiltbrand 1819 Misty Morn PI 1819 Misty Morn PI • Longwood FL 32779-3015 Longwood FL 32779-3015 YEAR/MAKE/MODEL VEHICLE ID NUMBER YEAR/MAKE/MODEL VEHICLE ID NUMBER 2011 Ford Truck F250 4wd 1FT7X2B628EA34146 2011 Ford Truck F250 4wd 1FT7X2B62BEA34146 NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE Florida Automobile Allstate. Florida Automobile Allstate. Insurance Identification Card You're in good hands. Insurance Identification Card You're in good hands. Allstate Fire and Casualty Insurance Company Allstate Fire and Casualty Insurance Company POLICY NUMBER COMPANY CODE EFFECTIVE DATE POLICY NUMBER COMPANY CODE EFFECTIVE DATE 981941417 -09388 03/27/19 981941417 -09388 03/27/19 0 PERSONAL INJURY PROTECTION BENEFITS/ 0 BODILY INJURY 0 PERSONAL INJURY PROTECTION BENEFITS/ El BODILY INJURY PROPERTY DAMAGE LIABILITY LIABILITY PROPERTY DAMAGE LIABILITY LIABILITY Brett and Kimberly J Hiltbrand Brett and Kimberly J Hiltbrand 1819 Misty Morn PI 1819 Misty Morn PI Longwood FL 32779-3015 Longwood FL 32779-3015 ;•:._... YEAR/MAKE/MODEL VEHICLE ID NUMBER YEAR/MAKE/MODEL VEHICLE ID NUMBER %��1+ • 2014 Ford Truck Explorer 1FM5K7F8XEGA73313 2014 Ford Truck Explorer 1FM5K7F8XEGA73313 NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE NOT VALID MORE THAN ONE YEAR FROM EFFECTIVE DATE NIELSON, MOSHOLDER & ASSOCIATES r- RECEIVED AUG 152019 w MONROE COUNTY ATTORNEY u_ August 9, 2019 • a w 2 Monroe County Board of County Commissioners, • 500 Whitehead Street, Key West, FL 33040 z 0 F Principal: Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes Bond No.: SU1140237 Project: "Tiny House" Construction and Demonstration • Amount $101,197.00 z 2 0 U • To Whom it May Concern: w oThe copy of the contract we received for the above referenced project was not dated. Accordingly,we could not date the bonds as the bonds can't predate the contract. 0 z Please accept this letter as your authority to date the bonds and attached powers of attorney concurrent with the contract date. Once dated,please fax a copy of the bonds to 407-330-3949 so • that we can activate the bond coverage. w U_ LL LIJ Please do not hesitate to contact us if you have any questions in this regard. ��= incerei Arch Ins r nce Company Maur . Mosholder ttorney in Fact& Licensed Florida Agent 2 4380 St.Johns Parkway Suite 110 Sanford,FL 32771 P:407.330.3990 F:407.330.3949 www.nielsonbonds.com Nielson, Mosholder & Associates A member of Nielson& Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PERFORMANCE BOND BOND NO: SU1140237 Contractor Name: Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes Address: 1687 Timocuan Way, Ste 101 Longwood, FL 32750 Phone No: 407-413-9660 Surety Company: Arch Insurance Company Surety Address: Harborside 3, 210 Hudson Street, Suite 300 Jersey City,NJ 07311 Surety Phone No: 201-743-4000 Owner Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Key West, FL 33040 Phone No: 305-294-4641 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: "Tiny House" Construction and Demonstration; Monroe County, Florida Project Location: Monroe County, Florida Legal Description: "Tiny House" Construction and Demonstration; Monroe County, Florida r i THE AMERICAN INSTITUTE OF ARCHITECTS � 1�1jr�j ,;• Ij1, AIA Document A311 Bond No: SU1140237 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Cornerstone Design Build,Inc, d/b/a Cornerstone Tiny Homes, 1687 Timocuan Way, Ste 101,Longwood,FL 32750 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Arch Insurance Company,Harborside 3,210 Hudson Street, Suite 300, Jersey City, NJ 07311 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,500 Whitehead Street,Key West,FL 33040 as Obligee, hereinafter called Owner, in the amount of One Hundred One Thousand One Hundred Ninety-Seven and 00/100--Dollars ($101,197.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by Purchase Order dated , entered into a contract with Owner for (Here insert full name,address and description of project) "Tiny House"Construction and Demonstration in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA.O FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 • PERFORMANCE BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration under the contract or contracts of completion or extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract Whenever Contractor shall be, and declared by price; but not exceeding, including other costs and Owner to be in default under the Contract,the Owner damages for which the Surety may be liable hereunder, having performed Owner's obligation thereunder, the the amount set forth in the first paragraph hereof. The Surety may promptly remedy the default, or shall term "balance of the contract price," as used in this promptly paragraph, shall mean the total mount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance with its terms amendments thereto,less the amount properly paid by and conditions,or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted accordance with its term and conditions, and upon before the expiration of two (2) years from the date on determination by Surety of the lowest responsible which final payment under the Contract falls due. bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest No right of action shall accrue on this bond to responsible bidder, arrange for a contract between or for the use of any person or corporation other than such bidder and Owner, and make available as work the Owner named herein or the heirs, executors, progresses (even though there should be a default or a administrators or successors of the Owner. succession of defaults Signed and sealed this day of Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes (Principal) (Seal) (Witness) (Title) / ,moo Arch Insurance Company — Surety) _ (Seal) J 4ness) ' rtle)La .Mosholder,Attorney-n-Fact& FL Resident Agent Inquiries: (407)330-3990 AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA OO FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 Nielson, Mosholder & Associates A member of Nielson & Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) LABOR AND MATERIAL PAYMENT BOND BOND NO: SU1140237 Contractor Name: Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes Address: 1687 Timocuan Way, Ste 101 Longwood, FL 32750 Phone No: 407-413-9660 Surety Company: Arch Insurance Company Surety Address: Harborside 3, 210 Hudson Street, Suite 300 Jersey City, NJ 07311 Surety Phone No: 201-743-4000 Owner Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Key West, FL 33040 Phone No: 305-294-4641 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: "Tiny House" Construction and Demonstration; Monroe County, Florida Project Location: Monroe County, Florida Legal Description: "Tiny House" Construction and Demonstration; Monroe County, Florida . Iyi 7o`n•�Ui, THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Bond No: SU1140237 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Cornerstone Design Build,Inc, d/b/a Cornerstone Tiny Homes, 1687 Timocuan Way, Ste 101,Longwood,FL 32750 as Principal, hereinafter called Contractor, and, Arch Insurance Company,Harborside 3,210 Hudson Street, Suite 300,Jersey City, NJ 07311 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,500 Whitehead Street, Key West,FL 33040 as Obligee, hereinafter called Owner, in the amount of --One Hundred One Thousand One Hundred Ninety-Seven and 00/100--Dollars ($101,197.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by Purchase Order dated , entered into a contract with Owner for (Here insert full name,address and description of project) "Tiny House"Construction and Demonstration in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however,to the following conditions: 1. Claimant is defined as one having a direct accuracy the amount claimed and the name of the contract with the Principal or with a Subcontractor of party to whom the materials were furnished, o for the Principal for labor, material, or both, used or whom the work or labor was done or performed. Such reasonably required for use in the performance of the notice shall be served by mailing the same by Contract,labor and material being construed to include registered mail or certified mail, postage prepaid,in an that part of water,gas,power, light,heat,oil, gasoline, envelope addressed to the Principal, Owner or Surety, telephone service or rental of equipment directly at any place where an office is regularly maintained for applicable to the Contract. the transaction of business,or served in any manner in which legal process may be served in the state in 2. The above named Principal and Surety hereby which the aforesaid project is located, save that such jointly and severally agree with the Owner that every service need not be made by a public officer. claimant as herein defined, who has not been paid in full before the expiration of a period of ninety (90) days b)After the expiration of one(1)year following the date after the date on which the last of such claimant's work on which Principal ceased work on said Contract, it or labor was done or performed, or materials were being understood,however, that if any limitation furnished by such claimant, may sue on this bond for embodied in this bond is prohibited by any law the use of such claimant, prosecute the suit to final controlling the construction hereof such limitation shall judgment for such sum or sums as may be justly due be deemed to be amended so as to be equal to the claimant,and have execution thereon. The Owner shall minimum period of limitation permitted by such law. not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of 3. No suit or action shall be commenced hereunder by the state in which the project, or any part thereof, is any claimant: situated,and not elsewhere. a) Unless claimant, other than one having a direct 4. The amount of this bond shall be reduced by and to contract with the Principal, shall have given written the extent of any payment or payments made in good notice to any two of the following: the Principal, the faith hereunder, inclusive of the payment by Surety of Owner, or the Surety above named,within ninety (90) mechanic's liens which may be filed of record against days after such claimant did or performed the last of said improvement, whether or not claim for the the work or labor,or furnished the last of the materials amount of such lien be presented under and against for which said claim is made,stating with substantial this bond. THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. Signed and sealed this day of Cornerstone Design Build Inc, d/b/a Cornerstone Tiny Homes (Principal) (Seal) .47/ (Witness) (Title) G,G-O - Arch Insurance Company (S rety) (Seal) Witness) La .Mosholder,Attorney-In-Fact& FL Resident Agent Inquiries:(407)330-3990 AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA OO FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 • SURETEGRITY EPOA: SU1140237 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Charles J. Nielson, David R. Hoover, Kelly E. Phelan and Laura D. Mosholder of Sanford, FL(EACH) its true and lawful Attorney(s)in-Fact,to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars(90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15,2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. SURETEGRITY EPOA: SU1140237 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 9th day of July ,2018 Attested and Certified Arch Insurance Company � flc / .0, jr,../ (W. -.) ) K SEAL (-----------a 1971 )1Ik , f____ Patrick K. Nails, Secretary NIg9C11d David M. Finkelstein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I,Michele Tripodi,a Notary Public,do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEALTH of PENNSYLVANtA 4,:tit..C7-- FThPOi L1,SFt l `..+�/�.�.,qa1AkCNELE Tit1P0tN.Natary Pubtk _1 City of Philadelphia,Phil. County / My(=mission Expires My 11,2011 Michele Tripodi, Notary Public CERTIFICATION My commission expires 07/31/2021 I, Patrick K. Nails , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 9,2018 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein,who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , 20 . • briZe-ei W Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES R.ELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division 3 Parkway,Suite 1500 a�v ���'o Philadelphia,PA 19102 �'° 'sy. OOKyOIGATE 'O U SEAL Ntssouri 00ML0013 00 03 03 Page 2 of 2 Printed in U.S.A. Nielson, Mosholder & Associates A member of Nielson& Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) PERFORMANCE BOND BOND NO: SU1140237 Contractor Name: Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes Address: 1687 Timocuan Way, Ste 101 Longwood, FL 32750 Phone No: 407-413-9660 Surety Company: Arch Insurance Company Surety Address: Harborside 3, 210 Hudson Street, Suite 300 Jersey City,NJ 07311 Surety Phone No: 201-743-4000 Owner Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Key West, FL 33040 Phone No: 305-294-4641 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: "Tiny House" Construction and Demonstration; Monroe County, Florida Project Location: Monroe County, Florida Legal Description: "Tiny House" Construction and Demonstration; Monroe County, Florida THE AMERICAN INSTITUTE OF ARCHITECTS I111I4'J AIA Document A311 Bond No: SU1140237 Performance Bond KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Cornerstone Design Build,Inc, d/b/a Cornerstone Tiny Homes, 1687 Timocuan Way, Ste 101,Longwood,FL 32750 as Principal, hereinafter called Contractor, and, (Here insert full name and address or legal title of Surety) Arch Insurance Company,Harborside 3,210 Hudson Street, Suite 300,Jersey City, NJ 07311 as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,500 Whitehead Street, Key West,FL 33040 as Obligee, hereinafter called Owner, in the amount of One Hundred One Thousand One Hundred Ninety-Seven and 00/100--Dollars ($101,197.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by Purchase Order dated , entered into a contract with Owner for (Here insert full name,address and description of project) "Tiny House"Construction and Demonstration in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA O FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 1 PERFORMANCE BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Contractor shall promptly and faithfully perform said Contract,then this obligation shall be null and void;otherwise it shall remain in full force and effect. The Surety hereby waives notice of any alteration under the contract or contracts of completion or extension of time made by the Owner. arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract Whenever Contractor shall be, and declared by price; but not exceeding, including other costs and Owner to be in default under the Contract,the Owner damages for which the Surety may be liable hereunder, having performed Owner's obligation thereunder, the the amount set forth in the first paragraph hereof. The Surety may promptly remedy the default, or shall term "balance of the contract price," as used in this promptly paragraph, shall mean the total mount payable by Owner to Contractor under the Contract and any 1) Complete the Contract in accordance with its terms amendments thereto, less the amount properly paid by and conditions,or Owner to Contractor. 2) Obtain a bid or bids for completing the Contract in Any suit under this bond must be instituted accordance with its term and conditions, and upon before the expiration of two (2) years from the date on determination by Surety of the lowest responsible which final payment under the Contract falls due. bidder, or if the Owner elects, upon determination by the Owner and the Surety jointly of the lowest No right of action shall accrue on this bond to responsible bidder, arrange for a contract between or for the use of any person or corporation other than such bidder and Owner, and make available as work the Owner named herein or the heirs, executors, progresses (even though there should be a default or a administrators or successors of the Owner. succession of defaults Signed and sealed this day of Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes (Principal) (Seal) (Witness) itle) G Arch Insurance Company (Surety] (Seal) i Wit ) A. al ra D.Mosho/der, ey-In-Fact& FL Resident Agent Inquiries: (407)330-3990 AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA FEBRUARY 1970 ED•THE AMERICAN INSTITUTE OF ARCHITECTS,1735 N.Y.AVE.,N.W.,WASHINGTON,D.C.20006 2 Nielson, Mosholder & Associates A member of Nielson& Company, Inc. 4380 St. Johns Pkwy, Ste. 110, Sanford, Florida 32771 (407) 330-3990 PUBLIC WORKS BOND In compliance with Florida Statutes 255.05 (1)(a) LABOR AND MATERIAL PAYMENT BOND BOND NO: SU1140237 Contractor Name: Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes Address: 1687 Timocuan Way, Ste 101 Longwood, FL 32750 Phone No: 407-413-9660 Surety Company: Arch Insurance Company Surety Address: Harborside 3, 210 Hudson Street, Suite 300 Jersey City,NJ 07311 Surety Phone No: 201-743-4000 Owner Name: Monroe County Board of County Commissioners Address: 500 Whitehead Street Key West, FL 33040 Phone No: 305-294-4641 Obligee Name: (if different for property owner) Obligee Address: Obligee Phone No: Project Name: "Tiny House" Construction and Demonstration; Monroe County., Florida Project Location: Monroe County, Florida Legal Description: "Tiny House" Construction and Demonstration; Monroe County, Florida 11111114 fid THE AMERICAN INSTITUTE OF ARCHITECTS AIA Document A311 Bond No: SU1140237 Labor and Material Payment Bond THIS BOND IS ISSUED SIMULTANEOUSLY WITH PERFORMANCE BOND IN FAVOR OF THE OWNER CONDITIONED ON THE FULL AND FAITHFUL PERFORMANCE OF THE CONTRACT KNOW ALL MEN BY THESE PRESENTS: that (Here insert full name and address or legal title of contractor) Cornerstone Design Build,Inc, d/b/a Cornerstone Tiny Homes, 1687 Timocuan Way, Ste 101,Longwood,FL 32750 as Principal, hereinafter called Contractor, and, Arch Insurance Company,Harborside 3,210 Hudson Street, Suite 300, Jersey City,NJ 07311 (Here insert full name and address or legal title of Surety) as Surety, hereinafter called Surety, are held and firmly bound unto (Here insert full name and address or legal title of Owner) Monroe County Board of County Commissioners,500 Whitehead Street,Key West,FL 33040 as Obligee, hereinafter called Owner, in the amount of --One Hundred One Thousand One Hundred Ninety-Seven and 00/100--Dollars ($101,197.00), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Contractor has by Purchase Order dated , entered into a contract with Owner for (Here insert full name,address and description of project) "Tiny House"Construction and Demonstration in accordance with Drawings and Specifications prepared by (Here insert full name and address or legal title of Architect) which contract is by reference made a part hereof, and is hereinafter referred to as the Contract. AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA OO FEBRUARY 1970 ED • THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 3 LABOR AND MATERIAL PAYMENT BOND NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that,if Principal shall promptly make payment to all claimants as hereinafter defined,for all labor and material used or reasonably required for use in the performance of the Contract,then this obligation shall be void; otherwise it shall remain in full force and effect, subject, however,to the following conditions: 1. Claimant is defined as one having a direct accuracy the amount claimed and the name of the contract with the Principal or with a Subcontractor of party to whom the materials were furnished, o for the Principal for labor, material, or both, used or whom the work or labor was done or performed. Such reasonably required for use in the performance of the notice shall be served by mailing the same by Contract,labor and material being construed to include registered mail or certified mail,postage prepaid, in an that part of water,gas,power,light,heat,oil,gasoline, envelope addressed to the Principal, Owner or Surety, telephone service or rental of equipment directly at any place where an office is regularly maintained for applicable to the Contract. the transaction of business,or served in any manner in which legal process may be served in the state in 2. The above named Principal and Surety hereby which the aforesaid project is located, save that such jointly and severally agree with the Owner that every service need not be made by a public officer. claimant as herein defined, who has not been paid in full before the expiration of a period of ninety(90)days b)After the expiration of one(1)year following the date after the date on which the last of such claimant's work on which Principal ceased work on said Contract, it or labor was done or performed, or materials were being understood,however, that if any limitation furnished by such claimant, may sue on this bond for embodied in this bond is prohibited by any law the use of such claimant, prosecute the suit to final controlling the construction hereof such limitation shall judgment for such sum or sums as may be justly due be deemed to be amended so as to be equal to the claimant,and have execution thereon. The Owner shall minimum period of limitation permitted by such law. not be liable for the payment of any costs or expenses of any such suit. c) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of 3. No suit or action shall be commenced hereunder by the state in which the project, or any part thereof, is any claimant: situated,and not elsewhere. a) Unless claimant, other than one having a direct 4. The amount of this bond shall be reduced by and to contract with the Principal, shall have given written the extent of any payment or payments made in good notice to any two of the following: the Principal, the faith hereunder, inclusive of the payment by Surety of Owner, or the Surety above named,within ninety (90) mechanic's liens which may be filed of record against days after such claimant did or performed the last of said improvement, whether or not claim for the the work or labor,or furnished the last of the materials amount of such lien be presented under and against for which said claim is made,stating with substantial this bond. THE PROVISIONS AND LIMITATIONS OF SECTION 255.05 FLORIDA STATUTES, INCLUDING BUT NOT LIMITED TO THE NOTICE AND TIME LIMITATIONS IN SECTIONS 255.05(2) AND 255.05(10), ARE INCORPORATED IN THIS BOND BY REFERENCE. Signed and sealed this day of . Cornerstone Design Build, Inc, d/b/a Cornerstone Tiny Homes (Principal) .-74/ (Seal) itnes (Title) .&A Arch Insurance Com an - (Surety) (Seal) � c (Witne s) e) Laura-eMosho%der lltorney=In=Fact& FL Resident Agent Inquiries:(407)330-3990 - AIA DOCUMENT A311•PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND•AIA OO FEBRUARY 1970 ED •THE AMERICAN INSTITUTE OF ARCHITECTS, 1735 N.Y. AVE., N.W., WASHINGTON, D.C. 20006 4 SURETEGRITY EPOA: SU1140237 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey(hereinafter referred to as the"Company")does hereby appoint: Charles J. Nielson, David R. Hoover, Kelly E. Phelan and Laura D. Mosholder of Sanford, FL(EACH) its true and lawful Attorney(s)in-Fact,to make, execute,seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars(90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds,undertakings,recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys-in-fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board,the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. 00ML0013 00 03 03 Page 1 of 2 Printed in U.S.A. SURETEGRITY EPOA: SU1140237 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers,this 9th day of July , 2018 Attested and Certified Arch Insurance Company 0'3fOeo CX1KiCN4A7E '4 siorn Patrick K. Nails, Secretary David M. Finkelstein, Executive Vice President STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS I,Michele Tripodi,a Notary Public,do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. COMMONWEALTH OF PENNSYLYAN A f NOTARIAL SEAL V/' , /� M1CN£tE TRlPdDi,Notary Pik _{ City of Phtladoiphia,MU. County My Oxorolisfort lapis JuLy 31,2011 Michele Tripodi, Notary Public CERTIFICATION My commission expires 07/31/2021 I, Patrick K. Nails , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated July 9, 2018 on behalf of the person(s)as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein,who executed the Power of Attorney as Executive Vice President,was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this day of , 20 41/ /11 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES R.ELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance—Surety Division voin ' 3 Parkway,Suite 1500 g — v Philadelphia,PA 19102 .04 .0 COW.7.0ein7E 'O SEAL 1971 li(ssaud • OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A.