Common use of Construction Phase Services Clause in Contracts

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 2.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC ▇▇▇▇ shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional. 3.2.2 2.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Construction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 2.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such GMP Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC ▇▇▇▇ shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefore, together with the CM/GC ▇▇▇▇ Fee, does not exceed the Early Work Price; however if CM/CG ▇▇▇▇ performs Early Work with a cost in excess of the Early Work Price Price, the CM/GC ▇▇▇▇ shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC ▇▇▇▇ shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 2.2.4 Prior to commencement of the Construction Phaseany Construction, and in any event not later than mutual execution of the GMP Amendment, CM/GC ▇▇▇▇ shall provide to Owner a full performance bond and a payment security bond as required by Section G the General Conditions in amounts equal to the value of the OSU General Conditions for Public Improvement Contracts in the amount of the GMPAmendment(s). If an Early Work Amendment is executed, CM/GC ▇▇▇▇ shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC ▇▇▇▇ shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for tor the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum sums equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC ▇▇▇▇ shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 4.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to the Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 4.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 4.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a “not-to-exceed budget”, a “not-to-exceed guaranteed maximum price”, or a “fixed price price” ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary State of Oregon approvals where required. If the Early Work Price is a “not-to-exceed budget”, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefore, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG GC performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to the Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 4.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to the Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMPbond. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to the Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to the Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Construction Phase Services only unless if (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 10.F of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond bond, in the form attached as Exhibit C, as required by Section G 7.B of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;Early

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC ▇▇▇▇ shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional. 3.2.2 2.2.1 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Construction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 2.2.2 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such GMP Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC ▇▇▇▇ shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefore, together with the CM/GC ▇▇▇▇ Fee, does not exceed the Early Work Price; however if CM/CG ▇▇▇▇ performs Early Work with a cost in excess of the Early Work Price Price, the CM/GC ▇▇▇▇ shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC ▇▇▇▇ shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 2.2.3 Prior to commencement of the Construction Phaseany Construction, and in any event not later than mutual execution of the GMP Amendment, CM/GC ▇▇▇▇ shall provide to Owner a full performance bond and a payment security bond as required by Section G the General Conditions in amounts equal to the value of the OSU General Conditions for Public Improvement Contracts in the amount of the GMPAmendment(s). If an Early Work Amendment is executed, CM/GC ▇▇▇▇ shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC ▇▇▇▇ shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for tor the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum sums equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC ▇▇▇▇ shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Agreement Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Agreement (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC ContractAgreement, the Contract Agreement shall include only Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding . The price for such Construction Phase Services in an Early Work Amendment will be based on a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work for the Early Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG GC performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract Agreement prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU PSU General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU PSU General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing As provided in Section C of the CM/GC’s obligation to meet all requirements of this ContractPSU General Conditions, as adjusted in the Supplemental General Conditions, CM/GC agrees and all Subcontractors shall comply with ORS279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that its four most important requirements are as follows: .1 will apply to achieve Substantial Completion of all the Contract shall be those in effect at the time the first Early Work Amendment is executed, or part if there is no Early Work Amendment, then those prevailing wage rates in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates will then be in effect for the remainder of the Work on or before the dates Agreement. The prevailing wage rates that will apply will be those set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost then current version of the Work and following BOLI booklet, together with any amendments to use its best efforts to complete the Work within the GMP;that booklet: “PREVAILING WAGE RATES for Public Works Contracts in Oregon.” The Construction Phase Services will take place in Multnomah County, Oregon.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;General

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract DocumentsDocuments and outlined in the RFP, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment Amendment, or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.obligated 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond Performance Bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts full Payment Bond in the amount of the GMP. A If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Prior to commencement of the Construction Phase, CM/GC shall provide a Retainage Election, as required by the Owner, and in accordance with ORS 279C.570(2) and OAR 137-049-0820. Public Improvement contracts that exceed $500,000 require the Owner to deposit amounts withheld as retainage into an interest-bearing escrow account in a bank, savings bank, trust company, or savings association. Retainage in the amount of five percent (5%) of the contract price of the work completed will be held by the Owner until such time as the project has been completed and accepted by the Owner. 3.2.6 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 (a) to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 ; (b) to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP; (c) to complete the Work with the quality required by the Contract Documents; and (d) to maintain the highest standards of safety on the Project site.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include only Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-to- exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work for the Early Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG GC performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU OUS General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU OUS General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing As provided in Section C of the CM/GC’s obligation to meet all requirements of this ContractOUS General Conditions, as adjusted in the Supplemental General Conditions, CM/GC agrees and all Subcontractors shall comply with ORS279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that its four most important requirements are as follows: .1 will apply to achieve Substantial Completion of all the Contract shall be those in effect at the time the first Early Work Amendment is executed, or part if there is no Early Work Amendment, then those prevailing wage rates in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates will then be in effect for the remainder of the Work on or before the dates Contract. The prevailing wage rates that will apply will be those set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost then current version of the Work and following BOLI booklet, together with any amendments to use its best efforts to complete the Work within the GMP;that booklet: “PREVAILING WAGE RATES for Public Works Contracts in Oregon.” The Construction Phase Services will take place in Multnomah County, Oregon.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.of 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU OUS General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Construction Phase Services only unless if (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 10.F of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond bond, in the form attached as Exhibit C, as required by Section G 7.B of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;or

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC Contractor shall provide Construction Phase Services as provided in the Contract Documents, including including, without limitation limitation, providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, ; and to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, with respect to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include includes Preconstruction Phase Services only only, unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined Amendment of the character described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying that identify specific Construction Phase Services that must be performed in advance of establishment of before establishing the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be that is stated in such the Early Work Amendment, with such . The Early Work Amendment including must include all necessary governmental approvals where requiredrequired for the Early Work. If the Early Work Price is a not-to-exceed budget, then CM/GC Contractor shall be obligated to perform the Early Work only to the extent that the Cost of the Work, defined herein, together with the CM/GC Contractor Fee, does not exceed the Early Work Price; however if CM/CG . If Contractor performs Early Work in accordance with a maximum not-to-exceed price or a fixed price and Contractor incurs a cost in excess of the maximum not-to-exceed price or fixed price, respectively, Contractor shall complete the Early Work Price and pay the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC Contractor shall diligently continue to work toward development of developing a GMP Amendment that is acceptable to Owner, which shall incorporate Owner and incorporates the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of before executing a GMP Amendment, the provisions of Section J.5 J of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of Before the Construction PhasePhase begins, and in any event not later than mutual execution of the parties execute the GMP Amendment, CM/GC Contractor shall provide to Owner a full performance bond and a payment security bond as required by Section G G.2 of the OSU General Conditions for Public Improvement Contracts in Conditions, each of which shall be equal to the amount of the GMP. If an Early Work Amendment is executed, CM/GC Contractor shall provide such bond full performance and payment security bonds in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC Contractor shall provide to Owner additional or replacement performance and payment security bonds at the time of execution of the parties execute any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of before executing the Amendment and the supplying of before any labor or materials for the prosecution of are supplied to perform the Work covered by the Amendment, and in each case each bond shall be in a sufficient an amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change (as defined in Section 1.25 of this Contract) that increases the GMP, CM/GC Contractor shall provide to Owner an additional or supplemental bond performance and payment security bonds in the amount of such the increase prior to performance of before performing the additional Work. 3.2.5 Without diminishing As provided in Section C of the CM/GC’s obligation General Conditions, Contractor and all subcontractors shall comply with ORS 279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (BOLI) prevailing wage rates that will apply to meet all requirements of this Contractthe Contract shall be the prevailing wage rates that were in effect at the time the RFP was advertised on [ (DATE)]. Once established, the CM/GC agrees that its four most important requirements prevailing wage rates are as follows: .1 to achieve Substantial Completion of all or part in effect for the remainder of the Work on or before Contract. The prevailing wage rates that apply are “[ (DATE)] PREVAILING WAGE RATES for Public Contracts in Oregon.” For purposes of calculating the dates set forth prevailing wage rates for the Project, the Construction Phase Services take place in Multnomah County, Oregon. 3.2.6 Contractor shall perform services needed to satisfy the initial asOregon Department of Energy 1.5% Solar Energy in Public Building Construction Contracts requirements pursuant to ORS 279C.527 and Oregon Administrative Rules 330-planned schedule prepared by the CM/GC and accepted by the Owner; .2 135-0010 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;330-135-0055.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary State of Oregon approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work for the Early Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU OUS General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU OUS General Conditions for Public Improvement Contracts Conditions, as adjusted in the Supplemental General Conditions, in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part As provided in Section C of the Work on or before the dates set forth OUS General Conditions, as adjusted in the initial as-planned schedule prepared by the Supplemental General Conditions, CM/GC and accepted by all Subcontractors shall comply with ORS279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that will apply to the Owner; .2 to minimize Contract shall be those in effect at the Cost time the first Early Work Amendment is executed, or if there is no Early Work Amendment, then those prevailing wage rates in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates will then be in effect for the remainder of the Work and to use its best efforts to complete Contract. The prevailing wage rates that will apply will be those set for the Work within in the GMP;then

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary State of Oregon approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a maximum not-to-exceed price or fixed price, and incurs cost in excess of the Early Work Price that maximum not-to-exceed price or fixed price, respectively, the CM/GC shall complete the Early Work and pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU City of Lake Oswego General Conditions for Public Improvement Contracts Projects shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a bond, payment security bond bond, and public works bond, as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes, as determined solely by Owner, upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU Oregon Tech General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU Oregon Tech General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.if 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU Oregon Tech General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the this Contract shall include Preconstruction Construction Phase Services only unless if (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 10.F of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond bond, in the form attached as Exhibit C, as required by Section G 7.B of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things items necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as it is described in the Early Work Amendment). Construction Phase Services shall include CM Services. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include includes Preconstruction Phase Services only unless (i) the parties Parties execute a GMP Amendment or (ii) the parties Parties execute an Early Work Amendment, defined below. 3.2.3 The parties Parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed the CM/GC shall perform in advance of the establishment of the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.or 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, the CM/GC shall provide to the Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, the CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. The CM/GC shall provide to the Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, the CM/GC shall provide to the Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing As provided in Section C of the CM/GC’s obligation to meet all requirements of this ContractGeneral Conditions, the CM/GC agrees and all subcontractors shall comply with ORS 279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (“BOLI”) prevailing wage rates that its four most important requirements are as follows: .1 will apply to achieve Substantial Completion of all or part the Contract shall be those in effect at the time the first Early Work Amendment is executed or, if there is no Early Work Amendment, then those prevailing wage rates in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates will then be in effect for the remainder of the Work on or before the dates Contract. The prevailing wage rates that will apply will be those set forth in the initial as-planned schedule prepared by then current version of the following BOLI booklet, together with any amendments to that booklet: “PREVAILING WAGE RATES for Public Works Contracts in Oregon”. The Construction Phase Services will take place in Clackamas County, Oregon, Region 2. 3.2.6 The CM/GC shall perform services needed to satisfy the Oregon Department of Energy 1.5% Solar Energy in Public Building Construction Contracts requirements pursuant to ORS 279C.527, 279C.528, and accepted by the Owner; .2 OAR 330-135-0010 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;330-135-0055.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including including, without limitation limitation, providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalprofessional 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include includes Preconstruction Phase Services only unless only, unless (i) the parties theparties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined Amendment of the character described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying that identify specific Construction Phase Services that must be performed in advance of establishment of before establishing the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be that is stated in such the Early Work Amendment, with such . The Early Work Amendment including must include all necessary governmental approvals where requiredrequired for the Early Work. If the Early Work Price is a not-to-exceed budget, then the CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of the Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if . If the CM/CG GC performs Early Work in accordance with a maximum not-to-exceed price or a fixed price and the CM/GC incurs a cost in excess of the Early Work Price maximum not-to-exceed price or fixed price, respectively, the CM/GC shall complete the Early Work and pay such the excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of developing a GMP Amendment that is acceptable to Owner, which shall incorporate Owner and incorporates the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of before executing a GMP Amendment, the provisions of Section J.5 of the OSU State of Oregon General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of Before the Construction PhasePhase begins, and in any event not later than mutual execution of the parties execute the GMP Amendment, the CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU State of Oregon General Conditions for Public Improvement Contracts in Conditions, each of which shall be equal to the amount of the GMP. If an Early Work Amendment is executed, the CM/GC shall provide such bond full performance and payment security bonds, each in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. The CM/GC shall provide to Owner additional or replacement performance and payment security bonds at the time of execution of the parties execute any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of before executing the Amendment and the supplying of before any labor or materials for the prosecution of are supplied to perform the Work covered by the Amendment, and in each case each bond shall be in a sufficient an amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change (as defined in Section 1.25 of this CM/GC Contract) that increases the GMP, the CM/GC shall provide to Owner an additional or supplemental bond performance and payment security bonds, each in the amount of such increase prior to performance of the increase, before performing the additional Work. 3.2.5 Without diminishing As provided in Section C of the CM/GC’s obligation to meet all requirements State of this ContractOregon General Conditions, the the 3.2.6 The CM/GC agrees that its four most important requirements are as follows: .1 shall performservices needed to achieve Substantial Completion satisfy the Oregon Department of all Energy’s Green Energy Technology standards for design of public buildings, including solar technologies or part other forms of green energy approved by the State of Oregon based on at least 1.5% of the Work on or before the dates set forth in the initial asconstruction costs, pursuant to ORS 279C.527 to 279C.528 and Oregon Administrative Rules 330-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;135-0010 to330-135-0060.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC Contractor shall provide Construction Phase Services as provided in the Contract Documents, including including, without limitation limitation, providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, ; and to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, with respect to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include includes Preconstruction Phase Services only only, unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined Amendment of the character described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying that identify specific Construction Phase Services that must be performed in advance of establishment of before establishing the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be that is stated in such the Early Work Amendment, with such . The Early Work Amendment including must include all necessary governmental approvals where requiredrequired for the Early Work. If the Early Work Price is a not-to-exceed budget, then CM/GC Contractor shall be obligated to perform the Early Work only to the extent that the Cost of the Work, defined herein, together with the CM/GC Contractor Fee, does not exceed the Early Work Price; however if CM/CG . If Contractor performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;in

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract DocumentsDocuments and outlined in the RFP, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment Amendment, or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however however, if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.Work 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond Performance Bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts full Payment Bond in the amount of the GMP. A If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Prior to commencement of the Construction Phase, CM/GC shall provide a Retainage Election, as required by the Owner, and in accordance with ORS 279C.570(2) and OAR 137-049-0820. Public Improvement contracts that exceed $500,000 require the Owner to deposit amounts withheld as retainage into an interest-bearing escrow account in a bank, savings bank, trust company, or savings association. Retainage in the amount of five percent (5%) of the contract price of the work completed will be held by the Owner until such time as the project has been completed and accepted by the Owner. 3.2.6 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 (a) to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 ; (b) to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP; (c) to complete the Work with the quality required by the Contract Documents; and (d) to maintain the highest standards of safety on the Project site.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall Contractor will provide Construction Phase Services as provided in required by the Contract Documents, including including, without limitation limitation, providing and paying for all materials, tools, equipment, labor labor, and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, Work to furnish to Owner City a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services will include all CM Services to be performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below.the 3.2.3 The parties Parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("the “Early Work Price"”) to be stated in such Amendment, with such Amendment including all necessary approvals where requiredany required City approvals. If the Early Work Price is a not-to-exceed budgetbudget or a not-to-exceed guaranteed maximum price, then CM/GC shall Contractor will be obligated to perform the Early Work only to the extent that the Cost of the Work for the Early Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however however, if CM/CG Contractor performs Early Work with a cost in excess of the Early Work Price the CM/GC shall Price, Contractor will pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall Contractor will diligently continue to work toward development of a GMP Amendment acceptable to OwnerCity, which shall will incorporate the Early Work Amendments. If Owner multiple Early Work Amendments are executed, the Early Work Price will be the total of amounts payable under all Early Work Amendments. If City thereafter terminates the this Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall will apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall Contractor will provide to Owner City, at Contractor’s sole cost and expense, a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts bond, each in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall Contractor will provide such bond bonds in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work AmendmentPrice. CM/GC shall Contractor will provide to Owner City with additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a an amount sufficient amount so that the total bonded sum equals to equal or exceeds exceed the total Early Work Price or the GMP, as the case may be. In the event of If a Scope Change that increases the GMP, CM/GC shall Contractor will provide to Owner City an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing . Performance and payment bonds may also be required of Subcontractors, in a sum equal to the CM/GC’s obligation to meet all requirements of this Contractsubcontract price, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all determined by City or part of the Work on or before the dates set forth as recommended by Contractor. The performance bond will be in the initial as-planned schedule prepared by form required in Exhibit F. The payment bond will be in the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;form required in Exhibit G.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC CM AT RISK shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functional 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contractfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute or, as to an Early Work Amendment, defined belowto furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.3 3.2.1 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be stated in such Amendment, with such Amendment including all necessary University of New Mexico approvals where required. If the Early Work Price is a not-not- to-exceed budget, then CM/GC CM AT RISK shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefore, together with the CM/GC CM AT RISK Fee, does not exceed the Early Work Price; however if CM/CG CM AT RISK performs Early Work with a cost in excess of the Early Work Price the CM/GC CM AT RISK shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC CM AT RISK shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 3.2.2 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC CM AT RISK shall provide to Owner a full performance bond and a payment security bond as required by Section G Article 11.4 of the OSU UNM General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC CM AT RISK shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC CM AT RISK shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC CM AT RISK shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;

Construction Phase Services. 3.2.1 3.3.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 3.3.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 3.3.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply.shall 3.2.4 3.3.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 3.3.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP; .3 to complete the Work with the quality required by the Contract Documents; and .4 to maintain the highest standards of safety on the Project site.

Construction Phase Services. 3.2.1 2.2.1 Upon execution of an Early Work Amendment or a GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract DocumentsServices, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-non- professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, Work in order to furnish to Owner a complete, fully functionalfunctional Project which is capable of being legally occupied and fully used for its intended purposes upon completion of the Contract. This section shall also apply to furnishing of Work as described in an Early Work Amendment. Construction Phase Services shall include Construction Management Services described in Section 2.3. 3.2.2 2.2.2 The Construction Phase may commence before the Preconstruction 2.2.3 The Owner may issue one or more GMP Amendments for Work to be performed under this Contract. 2.2.4 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment. CM/GC shall not be authorized to proceed with the Work until all initial Contract requirements, defined belowincluding the Contract, performance bond and payment bond, and certificates of insurance, have been fully executed and submitted in a form acceptable to Owner. 3.2.3 2.2.5 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined herein, Work together with the CM/GC Fee, Fee does not exceed the Early Work Price; however if . If CM/CG GC performs Early Work with a cost maximum not-to-exceed price or fixed price, and incurs costs in excess of the Early Work Price that maximum not-to-exceed price or fixed price, the CM/GC shall complete the Early Work and pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU General Conditions for Public Improvement Contracts shall apply. 3.2.4 2.2.6 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU General Conditions for Public Improvement Contracts Exhibit A in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth . The Performance Bond shall be in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;form required in Exhibit E.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including including, without limitation limitation, providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, ; and to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, with respect to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include includes Preconstruction Phase Services only unless only, unless (i) the parties theparties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined Amendment of the character described below. 3.2.3 The parties may execute one or more Early Work Amendments identifying that identify specific Construction Phase Services that must be performed in advance of establishment of before establishing the GMP, without exceeding a not-to-exceed budget, a maximum not-to-exceed guaranteed maximum price, or a fixed price ("“Early Work Price"”) to be that is stated in such the Early Work Amendment, with such . The Early Work Amendment including must include all necessary governmental approvals where requiredrequired for the Early Work. If the Early Work Price is a not-to-exceed budget, then the CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of the Work, defined herein, together with the CM/GC Fee, does not exceed the Early Work Price; however if . If the CM/CG GC performs Early Work in accordance with a maximum not-to-exceed price or a fixed price and the CM/GC incurs a cost in excess of the Early Work Price maximum not-to-exceed price or fixed price, respectively, the CM/GC shall complete the Early Work and pay such the excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of developing a GMP Amendment that is acceptable to Owner, which shall incorporate Owner and incorporates the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of before executing a GMP Amendment, the provisions of Section J.5 of the OSU State of Oregon General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of Before the Construction PhasePhase begins, and in any event not later than mutual execution of the parties execute the GMP Amendment, the CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU State of Oregon General Conditions for Public Improvement Contracts in Conditions, each of which shall be equal to the amount of the GMP. If an Early Work Amendment is executed, the CM/GC shall provide such bond full performance and payment security bonds, each in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. The CM/GC shall provide to Owner additional or replacement performance and payment security bonds at the time of execution of the parties execute any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of before executing the Amendment and the supplying of before any labor or materials for the prosecution of are supplied to perform the Work covered by the Amendment, and in each case each bond shall be in a sufficient an amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change (as defined in Section 1.25 of this CM/GC Contract) that increases the GMP, the CM/GC shall provide to Owner an additional or supplemental bond to 3.2.5 As provided in the amount of such increase prior to performance Section C of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements State of this ContractOregon General Conditions, the CM/GC agrees and all subcontractors shall comply with ORS 279C.800 through 279C.870. The Oregon Bureau of Labor and Industries (BOLI) prevailing wage rates that its four most important requirements will apply to the Contract shall be the prevailing wage rates that are as follows: .1 to achieve Substantial Completion of all or part in effect at the time the first Early Work Amendment is executed or, if there is no Early Work Amendment, then the prevailing wage rates that are in effect at the time the GMP Amendment is executed. Once established, the prevailing wage rates are in effect for the remainder of the Work on or before the dates Contract. The prevailing wage rates that will apply will be those set forth in the initial as-planned schedule prepared by then current version of the following BOLI booklet, together with any amendments to that booklet: “PREVAILING WAGE RATES for Public Works Contracts in Oregon”. For purposes of calculating the prevailing wage rates for the Project, the Construction Phase Services take place in Benton County, Oregon. 3.2.6 The CM/GC and accepted shall performservices needed to satisfy the Oregon Department of Energy’s Green Energy Technology standards for design of public buildings, including solar technologies or other forms of green energy approved by the Owner; .2 to minimize the Cost State of Oregon based on at least 1.5% of the Work construction costs, pursuant to ORS 279C.527 to 279C.528 and to use its best efforts to complete the Work within the GMP;Oregon Administrative Rules 330-135-0010 to330-135-0060.

Construction Phase Services. 3.2.1 Upon execution of an Early Work Amendment or GMP Amendment, the CM/GC shall provide Construction Phase Services as provided in the Contract Documents, including without limitation providing and paying for all materials, tools, equipment, labor and professional and non-professional services, and performing all other acts and supplying all other things necessary to fully and properly perform and complete the Work, as required by the Contract Documents, to furnish to Owner a complete, fully functionalfunctional Project, capable of being legally occupied and fully used for its intended purposes upon completion of the Contract (or, as to an Early Work Amendment, to furnish such Work as is described in the Early Work Amendment). Construction Phase Services shall include CM Services performed during the Construction Phase. 3.2.2 Notwithstanding any other references to Construction Phase Services in this CM/GC Contract, the Contract shall include Preconstruction Phase Services only unless (i) the parties execute a GMP Amendment or (ii) the parties execute an Early Work Amendment, defined below. 3.2.3 The parties may execute one or more Early Work Amendments identifying specific Construction Phase Services that must be performed in advance of establishment of the GMP, without exceeding a not-to-exceed budget, a not-to-exceed guaranteed maximum price, or a fixed price ("Early Work Price") to be stated in such Amendment, with such Amendment including all necessary State of Oregon approvals where required. If the Early Work Price is a not-to-exceed budget, then CM/GC shall be obligated to perform the Early Work only to the extent that the Cost of Work, defined hereinWork therefor, together with the CM/GC Fee, does not exceed the Early Work Price; however if CM/CG performs Early Work with a cost in excess of the Early Work Price the CM/GC shall pay such excess cost without reimbursement. If one or more Early Work Amendments are executed, the CM/GC shall diligently continue to work toward development of a GMP Amendment acceptable to Owner, which shall incorporate the Early Work Amendments. If Owner thereafter terminates the Contract prior to execution of a GMP Amendment, the provisions of Section J.5 of the OSU OUS General Conditions for Public Improvement Contracts shall apply. 3.2.4 Prior to commencement of the Construction Phase, and in any event not later than mutual execution of the GMP Amendment, CM/GC shall provide to Owner a full performance bond and a payment security bond as required by Section G of the OSU OUS General Conditions for Public Improvement Contracts in the amount of the GMP. If an Early Work Amendment is executed, CM/GC shall provide such bond in the amount of the Early Work Price under the Early Work Amendment not later than mutual execution of the Early Work Amendment. CM/GC shall provide to Owner additional or replacement bonds at the time of execution of any subsequent Early Work Amendment or GMP Amendment, in each case prior to execution of the Amendment and the supplying of any labor or materials for the prosecution of the Work covered by the Amendment, and in each case in a sufficient amount so that the total bonded sum equals or exceeds the total Early Work Price or the GMP, as the case may be. In the event of a Scope Change that increases the GMP, CM/GC shall provide to Owner an additional or supplemental bond in the amount of such increase prior to performance of the additional Work. 3.2.5 Without diminishing the CM/GC’s obligation to meet all requirements of this Contract, the CM/GC agrees that its four most important requirements are as follows: .1 to achieve Substantial Completion of all or part of the Work on or before the dates set forth in the initial as-planned schedule prepared by the CM/GC and accepted by the Owner; .2 to minimize the Cost of the Work and to use its best efforts to complete the Work within the GMP;