ADDENDUM 1 TO THE CONSTRUCTION DOCUMENTS FOR HALLE WAREHOUSE - 4TH FLOOR HVAC

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2 PROJECT NO ADDENDUM 1 TO THE CONSTRUCTION DOCUMENTS FOR - 4TH FLOOR HVAC PART 1 - GENERAL 1.1 GENERAL A. This Addendum covers changes to the Documents and in closing the Contract will become a part thereof. The contractor shall include these items to the extent they affect this project. B. These items modify only the portion of the Documents specifically noted. All other wording and Drawings remain in effect. 1.2 FIRE ALARM INTEGRATION. 1. The building owner has mandated that all potential contractors utilize their existing vendor, Life Safety Systems, LLC, for all fire alarm integration and programming. 2. The contact information for Life Safety Systems, LLC. a. Dan Klag (dklag@lifesafetyllc.com) b Office 1.3 ADDITIONAL INFORMATION A. None. END OF ADDENDUM 01 Addendum 1 PAGE 1 of 1

3 A. GENERAL CONDITIONS DOCUMENT SUPPLEMENTARY CONDITIONS The "General Conditions of the Contract for Construction", A.I.A. Document A , Sixteenth Edition, 2017 Article 1 through 15, inclusive, form a part of the contract documents and shall, in conjunction with these Supplementary General Conditions, apply to each Contractor and to all Subcontractors and Sub-subcontractors. B. AMENDMENTS AND SUPPLEMENTS The amendments and supplements to general conditions hereinafter included form a part of the contract. The articles of the General Conditions are amended, modified, and supplemented only to the extent herein specifically defined and all other articles or portions thereof not specifically amended, modified or supplemented shall remain in effect. ARTICLE 1 GENERAL REQUIREMENTS 1.1 BASIC DEFINITIONS THE SPECIFICATIONS The specifications for this project are organized into thirty-three (33) basic groupings of related construction information. The system is according to the MASTERFORMAT of the Construction Specifications Institute (C.S.I.). Refer to Table of Contents for a complete listing of Sections included in this Project Manual THE PROJECT MANUAL The basic organization and the standards of this project manual are in conformance with the guidelines of the MASTERFORMAT of the Construction Specifications Institute (C.S.I.) STANDARD REFERENCE SYMBOLS The Construction Specifications Institute (C.S.I.), Standard Reference Symbols Manual (TD-2-6), latest edition is the established standard for graphic representation with regard to the construction documents ABBREVIATIONS The Construction Specifications Institute (C.S.I.) Abbreviations Manual (TD-2-4), latest edition is the established standard for abbreviations with regard to the construction documents. 1.2 CORRELATION AND INTENT OF THE CONTRACT DOCUMENTS In case of discrepancy between the drawings and/or specifications, the larger quantity or better quality, as determined by the Architect/Engineer, shall govern; where there is no larger quantity or better quality (as determined by the Architect/Engineer), the specifications shall govern over the drawings. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

4 ARTICLE 2 OWNER 2.1 GENERAL The Owner for this project is Cuyahoga County; the Owner s Representative is designated by the Owner to render decisions and oversee aspects of the Contract. The Owner s Representative s acceptance shall be final, and shall supersede the Inspector's, Architect s and the Engineer's. The Owner s Representative s decision will not supersede the Owner s. 2.2 INFORMATION AND SERVICES REQUIRED OF THE OWNER The Owner, Cuyahoga County, shall make available for public inspection through the Clerk of Council the resolutions authorizing this public agreement. The following resolutions shall provide evidence of the Cuyahoga County financial commitment, obligation and compliance with the Ohio Revised Code Statutes: 1) Authority to seek bids 2) Authority to award contract ARTICLE 3 CONTRACTOR 3.4 LABOR AND MATERIALS The Contractor and its employees shall abide with the Owner rules and regulations on the project site. 3.6 TAXES The Contractor shall not be required to pay any Manufacturer's Excise Tax or Ohio Sales Tax on materials to be incorporated into the work. The Owner shall issue to the Contractor the Certificate of Exemption marked "State of Ohio-Political Sub-division #29." The Contractor shall pay all other taxes required by law The price or prices bid, whether a unit price, lump sum price, or a trade discount price from a catalog list price, shall be exclusive of all exempt taxes and shall be so construed. 3.7 PERMITS, FEES AND NOTICES The Contractor shall pay all fee charges for Ohio Building Code (O.B.C.) plan review Contractor shall secure certificates of inspection and occupancy required by authorities having jurisdiction and deliver copies of certificates to Architect/Engineer prior to filing application for final payment. 3.9 SUPERINTENDENT The credentials for the individual to be designated project superintendent shall be reviewed and approved by the County. The project superintendent must have a minimum of 10 years of experience in similar work. Any substitution of project superintendent must be preapproved. Project superintendent shall be full time The Superintendent must be present on site when any and all subcontractor work is being performed. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

5 3.10 CONTRACTOR'S CONSTRUCTION SCHEDULES The Contractor's Construction Schedule shall be prepared and submitted for the work required on this project. The Contractor shall be responsible to OVERSEE and COORDINATE THE WORK on this project. The time progress of the Construction Schedule shall be maintained and the progress shall be updated weekly to keep the schedule current Within thirty (30) days of the award of this contract and fourteen (14) days prior to start of any Work, ALL Prime Contractors shall submit through the General Trades Contractor, (if applicable), the following documents for prior approval of the Architect/Engineer and final approval of the Owner. 1. Contract cost breakdown referred to in AIA Document A , Article 9, Item 9.2 in electronic format or hard copies in quadruplicate. 2. List of proposed Material Manufacturers in in electronic format or hard copies in quadruplicate. 3. List of Subcontractors in in electronic format or hard copies in quadruplicate SHOP DRAWINGS, PRODUCT DATA AND SAMPLES SUBMITTALS Consecutively number all submittals. Accompany each submittal with a letter of transmittal containing all pertinent information required for identification and verifying of submittals. On at least the first page of each copy of each submittal, and elsewhere as required for positive identification, clearly indicate the submittal number in which the item was INCLUDED. When material is resubmitted for any reason, transmit under a new letter of transmittal and with a new submittal number Shop Drawing: Shop drawings shall be complete in every detail to illustrate the Work for which they are required, conformance to the requirements and relationship to surrounding job conditions Include the Architect/Engineer's Drawing numbers, room numbers, schedule numbers or other identification, to coordinate the Shop Drawings with the Construction Documents Contractor shall include with each submittal a Letter of Compliance attesting that the items submitted comply fully with the items as specified Shop Drawing submittals shall consist of the following: a) One reproducible transparency together with prints of same except when using an approved web based project management system per Section b) For work not involving the Architect/Engineer's consultants, submit one set of reproducible transparencies and two sets of prints. c) For work involving the Architect/Engineer's consultants, submit one set of reproducible transparencies and three sets of prints. d) If an excess number of copies are submitted, they shall be returned unmarked. Submit all transparencies in a mailing tube. e) At time of submission, the Contractor shall clearly note in writing on the Shop Drawing any deviation from the requirements of the Contract Documents If the project is administered using a County approved web-based project management software, the Contractor shall submit electronic files of submittals for review in a format & process agreed upon. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

6 Product Data: Brochures, catalog cuts, photographs or diagrams may be submitted for those standard manufactured items which can be adequately described by preprinted information provided that the preprinted materials or an attached sheet accompanying the material identifies the Work, the name of the Contractor, the Specification Section Number, Schedule Number of other identification for coordinating the Product Data with the Construction Documents Product Data shall be submitted in the following quantities: a) For work not involving the Architect/Engineer's consultants: in electronic format or hard copies in quadruplicate. b) For work involving the Architect/Engineer's consultants: in electronic format or hard copies in quintuplicate. c) At the time of submission, the Contractor shall clearly note in writing thereon or in the accompanying transmittal any and all deviations from the requirements of the Contract Documents Samples shall be submitted in the quantities per the contract document unless otherwise indicated, be marked, tagged, or otherwise properly identified, with the name of the Work, name of the Contractor, the purpose for which the samples are submitted, the Specification Section Number, and the date SUPPLIERS AND INSTALLERS The Contractor shall require the suppliers and subcontractors to submit the required Shop Drawings, Product Data and Samples and process and follows: a) The Contractor shall review, approve and stamp the submittals before forwarding them to the Architect/Engineer. b) If the submittal meets the approval of the Architect/Engineer, the submittal shall be circulated to the Consultants for review and approval. c) If the submittals meet the approval of the Architect/Engineer and Consultants if necessary, the data shall be returned to the Contractor in electronic format. d) The Contractor shall distribute the approval material to all parties whose work is affected. e) A letter of transmittal, indicating description of context, quality and any pertinent data shall accompany the submission through each change of hands ARCHITECT/ENGINEER'S REVIEW The Architect/Engineer shall review and approve Shop Drawings, Product Data and Samples, but only for conformance with the design intent of the Work and with the basic intent of the Contract Documents. The Architect/Engineer's approval does not extend to Shop Drawing information related to shop fabrication processes, quantities, field construction techniques, or coordination of trades and their work. The Architect/Engineer's review of a separate item shall not indicate review or approval of an assembly in which the item functions Shop Drawings: All necessary corrections to the Product Data shall be noted on the transparency, which alone shall be returned. The Contractor shall make any corrections required and resubmit another transparency with prints as specified above Product Data: All necessary corrections to the Product Data shall be noted on the submittal items which shall be returned. The Contractor shall make any corrections required and resubmit. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

7 Samples: Two of each duplicate sample submitted shall be returned to the Contractor. The Contractor shall make any corrections required and resubmit The Contractor shall repeat the submittal procedure until the Architect/Engineer's approval is obtained. After acceptance by the Architect/Engineer, the Contractor shall furnish prints from the approved transparency to all whose work is affected Submissions marked "Reviewed as Noted" may be considered approved and need not be resubmitted unless specifically stated otherwise ADDITIONAL SUBMITTALS Within thirty (30) days following the "Notice of Proceed," and at least fourteen (14) days prior to start of any construction the Contractor shall submit for every item requiring color and/or finish selections, samples and color information showing complete range of available colors and finishes When the Specifications require manufacturer's installation instructions or directions, submit two copies of same to the Architect/Engineer for reference and provide one copy at the Work site for the guidance of the Contractor USE OF CONTRACT DRAWING REPRODUCTIONS Reproductions of Contract Drawings are acceptable as Shop Drawings only when specifically authorized in writing by the Architect/Engineer and when they fulfill all of the foregoing requirements For this purpose, the Architect/Engineer shall furnish reproducible transparencies or electronic drawing files of the specific Contract Drawings upon request and at the Contractor's expense CLEANING UP FINAL CLEAN UP The Contractor shall do the following special cleaning at the completion of the job: Remove all stains, marks, fingerprints and other soil or dirt from painted and finished surfaces Clean and polish all hardware, fixtures and equipment CONSTRUCTION FORMS The current edition construction forms published by the American Institute of Architects (A.I.A.) shall be utilized in order to correlate all project communication/information. ARTICLE 4 ARCHITECT Refer to Project Information COMMUNICATION FACILITATING CONTRACT ADMINISTRATION Communication by and with the Owner (County departments, agencies, off ices and personnel) shall be through the Owner s representative. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

8 ARTICLE 5 SUBCONTRACTORS 5.2 AWARD OF SUBCONTRACTS AND OTHER CONTRACTS FOR PORTIONS OF THE WORK Within not later than fourteen (14) days from the Notice of Award, the Contractor shal l furnish in writing to the Owner, through the Architect/Engineer, the names of persons or entities (including those who are to furnish materials or equipment fabricated to a special design) proposed for each principal portion of the work. ARTICLE 6 CONSTRUCTION BY OWNER OR BY SEPARATE CONTRACTORS No additions or deletions for this article. ARTICLE 7 CHANGES IN THE WORK 7.1 GENERAL CHANGE ORDER Changes in the work that result in changes in time and/or changes in the total contract amount require issuance of a Change Order Under normal conditions the Contractor shall not proceed with any changes in work until they have been approved by Cuyahoga County, in which case a Subsidiary to the Contract will be issued by the Architect/Engineer. No claim for an addition to the contract sum shall be valid unless so ordered Any extension of time requests as well as changes in contract amounts or provisions shall be considered as revisions to the contract and shall be formally approved by Cuyahoga County as well as the Owner representatives and the Architect/Engineer When submitting a request for a Change Order the Contractor shall present a detailed breakdown of all labor, material, and equipment costs. Allowable charges for overhead and profit shall be as follows: When work is performed by the Contractor s own work forces, the Contractor may charge, 15% overhead and profit When work is performed by a Subcontractor, the Contractor may charge 5% overhead and profit. The Subcontractor may charge 10% overhead and profit. 7.2 GENERAL CONSTRUCTION CHANGE DIRECTIVE (CCD) Changes in the work performed under an Allowance shall require the issuance of a Construction Change Directive The cost for any work performed under an Allowance shall be deducted from the remaining Allowance amount and no overhead and profit shall be allowed. Overhead and profit shall be included in the Contract Price. ARTICLE 8 TIME 8.3 DELAYS AND EXTENSIONS OF TIME LIQUIDATED DAMAGES FOR DELAY FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

9 The Contractor guarantees that the work shall be completed on or before the time established in the Instruction to Bidders, Article 11 Time of Commencement and Completion Date. Damages to the County for such delay and failure on the part of the Contractor shall be liquidated in the amount of $3, for each calendar day by which the Contractor shall fail to complete the work, or any part thereof, in accordance with the provisions of the contract and such liquidated damages shall not be considered penalty. The County shall deduct and retain out of any money due or to become due under the contract, the amount of the liquidated damages, the Contractor shall be liable for the payment of the difference upon demand of the County. ARTICLE 9 PAYMENTS AND COMPLETION 9.11 TERMS OF PAYMENT Immediately upon award of contract, the Contractor shall submit the schedule of values on the Contractor's letterhead stationery, with detailed breakdown arranged in four columns, listing separately the labor, material and total costs, as follows: Item Material Labor Total The totals of columns 2 and 3 shall equal the amounts listed on the Proposal for the awarded portions, and the total of column 4 shall equal the total contract price. Charge for Bond and Insurance shall be listed separately as Item A draft of the contractor's proposed Application for Payment shall be reviewed by the Architect/Engineer and the Project Supervisor at the last weekly job meeting each month. No applications shall be submitted for payment without this prior review. After this review, Contractor shall make corrections as directed and submit to the Architect/Engineer on the first work day of the month following, two (2) copies of the Application along with the draft copy. Application for Payment shall be notarized Payments shall be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or with the written consent of the Architect/Engineer, or other approved storage site, provided the Performance Bond Surety consents in writing to this arrangement and provided the Contractor furnishes to the Architect/Engineer and following information with the Application for Payment A list of the materials (which shall be clearly identified) consigned to the Project, giving the place of storage, together with copies of invoices is required A letter stating that all items have been tagged for delivery to the Project and that they will not be used for any other purpose is required Evidence of adequate insurance covering the materials in storage is required Prior to approval of payment, the Architect/Engineer shall inspect the materials listed by the Contractor and shall determine whether such materials comply with the terms and conditions of the Contract Documents. The approval of payments by the Architect/Engineer under this Subparagraph shall not constitute a waiver by the Owner of any claim or remedy for defective or non-conforming materials. All costs incurred as a result of said inspection of material in off-site storage shall be paid by the Contractor At any time during progress of work, the Architect/Engineer may demand of the Contractor a certified statement of accounts with suppliers and subcontractors. This statement shall be furnished not later than fourteen (14) days after request. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

10 The issuance of a Certificate for Payment shall constitute a representation by the Architect/Engineer to the Owner, based on observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that materials paid for have been inspected and found to be in conformity with the Contract Documents; that, to the best knowledge, information and belief, the quality of the Work is in accordance with the Contract Documents upon Final Completion, to the results of any subsequent tests required by or performed under the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate; and that the Contractor is entitled to payment in the amount certified. However, by issuing a Certificate of Payment, the Architect/Engineer shall not thereby be deemed to represent that any examination has been made to ascertain how or for what purpose the Contractor has used the monies previously paid on account of the Contract On or about the 20th day of each calendar month, but in no event later than 30 days following the receipt of the Certificate for Payment, the Owner shall make a progress payment to the Contractor on the basis of the Architect/Engineer's Certificate for Payment for the work performed and materials furnished during the preceding calendar month under this contract; provided, that the contractor has previously submitted Application for Payment to the Architect/Engineer in accordance with Paragraph Failure of timely application may result in a delay in payment until the following calendar month. In order to insure the proper performance of this Contract, the Owner shall retain certain monies from Progress Payment in accordance with the following, pursuant to Ohio Revised Code Sections , and When the Contract is less than fifty percent (50%) completed, based on the total of all Architect/Engineer's Certificate for Payment, the Owner shall retain eight percent (8%) of the amount due for all labor costs. No retainage shall be withheld from the amount due for material incorporated into the Work and certified by the Architect/Engineer The Owner shall also retain eight percent (8%) of the invoice cost for materials delivered to the site or if stored upon the written consent of the Architect/Engineer in accordance with Subparagraph at the other approved storage site provided the requirements of said Subparagraph are met. The retained invoice costs shall be paid when the materials are incorporated into the Work and certified by the Architect/Engineer After the Contract is fifty percent (50%) completed, no further retainage of monies due to the contractor for labor costs shall be withheld The Owner shall, pursuant to Ohio Revised Code Section , deposit all retained funds as described above for the Project in separate escrow account with a bank of savings and loan association in the State selected by mutual agreement between the Owner and the Contractor within ten (10) days following execution of the Contract. In the event the Owner and Contractor fail to agree as to a bank or savings and loan association within said ten (10) day period, the Owner shall determine who the Escrow Agent shall be. The Escrow Agent shall be compensated for its services from the interest income earned by the escrow accounts in an amount not to exceed fifty percent (50%) of said income Total completion of the Work shall constitute completion for purposes of Ohio Revised Code Section when the work is finally completed as approved by the Architect/Engineer with a Certificate of Final Completion and occupied or in use, or otherwise accepted in writing by the Owner, and there exists no other reason to continue to withhold retainage, then the money retained, in addition to the proportionate amount of income earned thereon (less any payments to the Escrow Agent) will be released by the Owner and paid with thirty (30) days to the Contractor. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

11 All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be constructed as relieving the Contractor from sole responsibility at his expense for the care and protection of materials and work upon which payments have been made or the restoration of any stolen, destroyed or damaged work, or as a waiver of the right of the Owner to require the fulfillment of all of the terms of the Contract Payment on Architect/Engineer's Certificates for Payment filed with the Owner or its representative shall be made no later than thirty (30) days following receipt of said Certificate. Upon failure of the Owner or its representative to make such payments within thirty (30) days, or upon an unauthorized withholding of retainage shall be in addition to any interest earned on the escrow account set forth in O.R.C. Section The rate of interest shall be the average of the prime rate established at the commercial banks in Cuyahoga County When the Contractor considers that the Work is substantially complete, the Contractor shall prepare for submission to the Architect/Engineer a list of items to be completed or corrected within fourteen (14) days. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Application for Payment for the Project, the Architect/Engineer shall promptly make such inspection and when he finds the Work of the Project acceptable under the Contract Documents and the Contract fully performed, he shall promptly issue a final Certificate for Payment stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Document and that the entire balance found to be due the Contract and noted in said final Certificate, is due and payable, including the payment of retainage applicable to the Project. The date of said Final Completion shall fix the responsibilities of the Owner and Contractor for security, maintenance, heat, utilities, damage to Work and insurance and shall fix the time within which the Warranties required by the Contract Documents shall commerce Should be actual rate of progress fall materially behind the scheduled rate of progress, and unless the delay is authorized by the Owner, the Contractor, and/or subcontractors shall furnish additional labor, work overtime, or take any other additional steps required for completion of the work on the scheduled date. No additional compensation beyond the set contract price shall be paid for action taken or overtime expense incurred in maintaining scheduled progress If the Contractor fails to indicate to the Owner that the work shall be satisfactorily completed on or before the time fixed in the INSTRUCTION TO BIDDERS, ARTICLE 11 TIME OF COMMENCEMENT AND COMPLETION DATE, then the Owner may proceed under the provisions of Paragraph 2.4 "Owner's Right to Carry Out Work" of the General Conditions of the Contract (A.I.A. Document A201). ARTICLE 10 PROTECTION OF PERSONS AND PROPERTY 10.2 SAFETY OF PERSONS AND PROPERTY The Contractor shall comply with (but not be limited) to all provisions and requirements of the Occupational Safety and Health Act of 1970 and/or the Construction Safety Act of 1969 (whichever is applicable), and with all applicable amendments, laws, ordinances, rules, regulations and orders of any public authority having jurisdiction and safety of persons or property or to protect them from damage, injury or loss. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

12 ARTICLE 11 INSURANCE AND BONDS ( R ) 11.1 MANDATORY INSURANCE COVERAGE The Contractor shall procure, maintain and pay premiums for the insurance coverage and limits of liability indicated below with respect to products, services, work and/or operations performed in connection with this Contract Worker s Compensation Insurance as statutorily required by the State of Ohio. For Contractors with employees working outside of Ohio, Worker s Compensation Insurance as required by the various state and Federal laws as applicable including Employers Liability coverage Commercial General Liability Insurance with limits of liability not less than: $1,000,000 each occurrence bodily injury & property damage; $1,000,000 personal & advertising injury; $1,000,000 general aggregate; $1,000,000 products/completed operations aggregate. Such insurance shall be written on an occurrence basis on the Insurance Services Office (ISO) form or its equivalent Business Automobile Liability Insurance covering all owned, non-owned, hired, and leased vehicles. Such insurance shall provide a limit of not less than $1,000,000 combined single limit (bodily injury & property damage) each accident; Such insurance shall be written on an occurrence basis on the Insurance Services Office (ISO) form or its equivalent Builders Risk Insurance on an All Risk Property Coverage Form covering damage to buildings or other structures while under construction or renovation including materials and fixtures whether or not yet incorporated into the buildings or other structures INSURANCE COVERAGE TERMS AND CONDITIONS The insurance policies of the Contractor required for this Contract, shall: 1. Name the County of Cuyahoga, Ohio and its employees as an Additional Insured. This does not apply to Workers Compensation Insurance. 2. Contain a waiver of subrogation provision wherein the insurer(s) waives all rights of recovery against the County. 3. Be primary and not in excess or contingent on any other basis; 4. The Certificates of Insurance evidencing these coverages shall contain the following additional insured and waiver of subrogation language where applicable: a) Cuyahoga County and its employees are additional insureds for purposes of commercial general liability and automobile liability ; and/or b) Waiver of subrogation in favor of the County The insurance required for this Contract shall be provided by insurance carrier(s) licensed to transact business and write insurance in the state(s) where operations are performed and shall carry a minimum A.M. Best s rating of A- VII or above The terms of this Contract shall be controlling and shall not be limited by any insurance policy provision. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

13 These insurance provisions shall not affect or limit the liability of the Contractor stated elsewhere in this Contract or as provided by law The Contractor shall require any and all of its subcontractors to procure, maintain, and pay premiums for the insurance coverages and limits of liability outlined above with respect to products, services, work and/or operations performed in connection with this Contract The County reserves the right, acting reasonably, to require insurance coverages in various amounts or to modify or waive insurance requirements on a case-by-case basis whenever it is determined to be in the best interest of the County The Contractor shall furnish a Worker s Compensation Certificate and Certificate of Insurance evidencing the insurance coverages required herein are in full force and effect. Acceptance of a non-conforming certificate of insurance by the County shall not constitute a waiver of any rights of the parties under this Agreement ARTICLE 12 UNCOVERING AND CORRECTION OF WORK No additions or deletions for this article. ARTICLE 13 MISCELLANEOUS PROVISIONS 13.1 GOVERNING LAW The contract shall be governed by the laws of the State of Ohio. ARTICLE 14 TERMINATION OR SUSPENSION OF THE CONTRACT No additions of deletions for this article. ARTICLE 15 CLAIMS AND DISPUTES No additions of deletions for this article. ARTICLE 16 ADDITIONAL PROVISIONS This article is a supplement to the fifteen (15) articles of the General Conditions of the Contract for Construction, A.I.A. Document A , Fifteenth Edition SOCIAL SECURITIES ACT The Contractor shall be and remain an independent contractor with respect to all services performed hereunder he agrees to and does hereby accept full and exclusive liability for the payment of any and all contributions or taxes for Social Security, Unemployment Insurance, or Old Age Retirement benefits, pensions, or annuities, now or hereafter imposed under any State or Federal Law which are measured by the wages, salaries or other remuneration paid to person employed by the Contractor on work performed under the terms of this Contract and further agrees to obey all lawful uses and regulations and to meet all lawful requirements which are now or hereinafter may be issued or promulgated under said respective laws by and duly authorized State or Federal officials; and said Contractor also agrees to indemnify and save harmless Cuyahoga County from any such contribution or taxes or liability therefore. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

14 16.2 PREVAILING WAGES RATES The prevailing wage scale in the Cuyahoga County Area shall be paid by the Contractor to all laborers, workers and mechanics in the performance of the work, in accordance with the schedule of wages determined by the Department of Industrial Relations, Division of Building and Factory Inspection, State of Ohio It shall be the responsibility of the Contractor to comply with all of the provisions of Ohio Revised Code Section , as amended effective September 26, 1974, including but not limited to, the payment of the prevailing rate of wages to all laborers, worker or mechanics as altered or changed by collective bargaining agreements or understandings successor to the said Schedule of Wages hereto attached, should said wage rates be changed during the life of the Contract, and the Contractor shall be obligated to pay any such increases in the wage rates without obligation on the part of the Owner for any increase in the contract price as hereinabove set forth Cuyahoga County (Owner) hereby appoints Ms. Celia A. Jenkins (also see Section ) 2079 East 9 th Street, Cleveland, Ohio, 44115, (216) to serve as the Prevailing Wage Coordinator during the life of this Contract in accordance with the Ohio Revised Code Section The Contractor shall be responsible for this wage compliance and the compliance of Subcontractors with such statute, as amended, effective September 26, 1974, including, but not limited to, supplying the Prevailing Wage Coordinator with current information throughout the performance of this contract. The Contractor's responsibilities in this regard are as follows: Contractor s commitment to comply with the provisions of Chapter 4115 of Ohio Revised Code - Public Improvement Agreement Form (form supplied by Cuyahoga County) Keep full and accurate payroll records available for inspection for up to one year following the completion of the project. Owners/partners must be shown on payrolls for any physical work they perform on the job. A. Time records B. Payroll records including canceled checks C. Fringe benefit records including canceled checks Prevailing Wage Determination must be posted on the project site Supply Prevailing Wage Coordinator with dates of the life of the contract and a listing of all subcontractors to include the name, address and telephone number of each Supply each employee with written notification of his assigned job classification, hourly prevailing wage rate and fringe payments, and the identity of the Prevailing Wage Coordinator for the project Supply all subcontractors with any changes in the Prevailing Wage rates issued during the life of the project Out-of-State contractors must submit to the Ohio Secretary of State, the full name and address of their Statutory Agent in Ohio LCPtracker 1) Throughout the course of the contract, the Prime Contractor and all subcontractors shall submit certified payroll reports documenting all construction worker hours performed on the project through the LCPtracker labor compliance monitoring system. LCPtracker is an online compliance system that allows contractors to submit certified payroll reports FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

15 electronically. Contractors are responsible for ensuring that they and their subcontractors are trained in the use of LCPtracker and have the necessary capacity to enter payroll reports through LCPtracker. All certified payroll reports must be submitted through LCPtracker. No paper certified payroll reports will be accepted. 2) LCPtracker is an online labor compliance monitoring software suite that allows contractors and subcontractors to complete, certify and submit certified payroll reports to the County electronically. All payroll reports must be submitted through LCPtracker. 3) Once a construction contract has been awarded, a username for LCPtracker will be created for the Contractor and any identified subcontractors. This username and password will allow contractors to access LCPtracker to enter payroll information, familiarize themselves with the system and receive training. 4) LCPtracker offers online training for contractors multiple times per week, and has video training available for contractor training anytime. 5) Contractors are responsible for ensuring that their internal staff, as well as their construction subcontractors, are familiar with the LCPtracker system and are capable of entering payrolls through LCPtracker Submit certified payrolls starting no later than two (2) weeks after the initial pay period. Ensure all payrolls include the following: Employee's full name, address and social security number Work Classification (1) Be specific when listing laborers and operators (2) Show level/year for all apprentices Hours worked on the project (1) As of May 1, 1984, overtime is to be paid at not less than time and one-half for all hours worked in excess of forty (40) hours per week Hourly rate of pay (1) Actual hourly rate paid employee for the time worked. Overtime hourly rate of not less than time and one-half the basic or regular rate paid is required under Chapter In addition to paying not less than the predetermined rate for the classification in which the employee works, the amount predetermined as fringe benefits in the wage determination issued for the project, shall also be paid. Fringe payments must be entered in appropriate blocks on payroll forms when such fringes are paid to approve plans, funds, etc List all fringe benefits (if any) and amount per hour for each. Hourly amount is to be based on 2,080 hours per year Total deductions Net pay for the pay period Send a copy of Apprenticeship Agreement and Apprentice Certification for each apprentice with the payroll the apprentice appears on to the Prevailing Wage Coordinator via the LCPtracker system. FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS

16 Send a final affidavit to: Cuyahoga County, Department of Public Works, Ms. Celia A. Jenkins, Cuyahoga County Prevailing Wage / EEO Coordinator, 2079 East 9 th Street, Cleveland, Ohio, 44115, (216) EIGHT HOUR DAY - MINIMUM Except in cases of extraordinary emergencies, eight hours shall constitute a day's work and forty (40) hours a week's work, for any employee and for any worker engaged in any public work carried on whether done by contract or otherwise EQUAL EMPLOYMENT OPPORTUNITY In addition to the Equal Employment Opportunity provisions described in the Instruction to Bidders, the prohibitions against discrimination as provided in Ohio Revised Code Section to , both inclusive, apply to this Contract Prohibitions against discrimination and intimidation on account of race, color, religion, national origin or ancestry, etc., as set forth in Section and and through of the Revised Code of Ohio, shall apply to the work and all current Civil Rights Legislation INDEMNIFICATION Contractor hereby indemnifies, defends and holds harmless the County and its respective officers, officials, directors, board members, employees, and agents, from and against all claims, damages, losses, liens, causes of action, suits, judgments and expenses (including attorney s fees and other costs of defense), of any nature, kind or description, that result from (a) the negligent acts or omissions of Contractor, inc luding all of its officers, owners, principals, subcontractors, employees, and agents, or (b) breach or default by Contractor under any terms or provisions of this Contract. END OF DOCUMENT FEBRUARY 14, 2019 SUPPLEMENTARY CONDITIONS