Exhibit 7 Supplemental General Conditions~3.pdf

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EXHIBIT 7

Supplemental General Conditions And OSH Supplemental General Provisions

Contract No. 181855

Project Name: Meadow Unit Renovation, Oregon State Hospital, Junction City

For the above Contract, the following supplements modify the “State of Oregon General Conditions for Public Improvement Contracts” set forth in Exhibit 6. Where a portion of the General Conditions is modified or deleted by these Supplemental General Conditions, the unaltered portions of the General Conditions shall remain in effect.

7SGC-1 Add the following new Sections A.3.5 and A.3.6 after A.3.4 under INTERPRETATION OF

CONTRACT DOCUMENTS:

A.3.5 The characterization of provisions of the Contract as material provisions or the failure to comply with certain provisions as a material breach of the Contract shall in no way be construed to mean that any other provisions of the Contract are not material or that failure to comply with any other provisions is not a material breach of the Contract.

A.3.6 Should any Plans or Specifications provided by the Owner, that Contractor is required to utilize for any aspect of the Work, fail to particularly describe the materials, kind of goods, or details of construction, Contractor shall inquire of the Owner as to what is required, prior to utilization of the Plans and Specifications in performing the affected Work. Absent Owner-supplied Specifications to the contrary, the materials, construction methods, and processes that would normally be used by the Contractor to produce first-quality finished Work are considered a part of the Contract requirements.

A.3.7 Electronic Signatures. Contractor and Owner agree that signatures showing on PDF documents, including but not limited to PDF copies of the Contract, bonds, Change Orders and amendments, submitted or received via email, when submittal or receipt in that manner is required or allowed by Owner are “Electronic Signatures” under ORS Chapter 84 and bind the signing party and are intended to be and can be relied upon by the parties. Owner reserves the right at any time to require Contractor to deliver the hard copy originals of any documents.

7SGC-2 Make the following revisions to Section B.5 COMPLIANCE WITH GOVERNMENT LAWS AND

REGULATIONS:

• Add the following to the end of Section B.5.1:

All rights and remedies available to Owner under applicable federal, state and local laws are also incorporated by reference herein and are cumulative with all rights and remedies under the Contract.

• Section B.5.2(a) is deleted and replaced with the following:

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(a) Pursuant to ORS 279A.110, Contractor shall not discriminate against a disadvantaged business enterprise, a minority-owned business, a woman-owned business, a b veteran-owned business or an emerging small business, in the awarding of subcontracts.

• The following Section B.5.2(c) is added:

(c) Respecting certification as a disadvantaged business enterprise, minority-owned business, woman-owned business, veteran-owned business or an emerging small business under ORS 200.055, as and when applicable, Contactor shall maintain the certification, and require in its subcontracts that subcontractors maintain the certification required by ORS 279A.107 . Owner may require Contractor to terminate a subcontract with a subcontractor that fails to maintain its certification under ORS 200.055 throughout the term of the subcontract and any extensions.

• Section B.5.6 is deleted and replaced with the following revised Section B.5.6 and new Section B.5.7:

B.5.6 Contractor shall comply with all Oregon Tax Laws, consistent with the Contractor’s Certificate of Compliance with Tax Laws and the Contractor’s warranty that the Contractor has complied with the Oregon Tax Laws. Any violation of the Contractor’s Certificate of Compliance or warranty will constitute a material breach of the Contract.

B.5.7 Failure to comply with any or all of the requirements of B.5.1 through B.5.6 shall be a material breach of Contract entitling the Owner to pursue and recover any and all of its available remedies at law or in equity that arise from the breach, including, but not limited to, recovery of damages, the termination of the Contract, and the exercise of the right of setoff, garnishment if applicable and the withholding of amounts otherwise due and owing to the Contractor without penalty. Damages or costs resulting from such non-compliance shall be the responsibility of the Contractor.

7SGC-3 The provisions in Section B.15 GOVERNING LAW are deleted and replaced with the following provisions:

The ITB and the resulting Contract shall be governed by, construed, and enforced in accordance with the laws of State of Oregon without regard to principles of conflicts of law.

7SGC-4 Add the following at the end of Section C.5 HOURS OF LABOR:

Compliance with ORS 279C.520 includes, but is not limited to, not prohibiting employees from discussing wages, salaries, benefits and other compensation, and compliance with the wage related prohibitions in ORS 652.220. Compliance with ORS 279C.520 and ORS 652.220 is a material element of the Contract, and Contractor’s failure to comply is a breach of the Contract that entitles the contracting agency to terminate the Contract for cause.

7SGC-5 Make the following revisions to Section C, Wages and Labor.

Add the following section:

Section C.6 WORKFORCE REQUIREMENTS

Contractor shall comply fully with the provisions of ORS 279C.533.

C.6.1. Definitions.

As used in this Section:

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(a) “Apprentice” means a worker who is at least 16 years of age, except when a higher minimum age is otherwise required by law, and who is employed to learn an Apprenticeable Occupation under standards of apprenticeship approved by the State Apprenticeship and Training Council (Council) and under an Apprenticeship Agreement recognized by the Council.

(b) “Apprenticeable Occupation” means a skilled trade that: (a) Is customarily learned in a practical way through a structured, systematic program of on-the-job supervised training; (b) Is clearly identified and commonly recognized throughout an industry; (c) Involves manual, mechanical or technical skills and knowledge that require a minimum of 2,000 hours of on-the-job supervised training; and (d) Requires related instruction to supplement the on-the-job training.

(c) “Apprenticeship Agreement” means a written agreement between an Apprentice and either the Apprentice’s program sponsor or the local joint committee acting as the agent for the program sponsor that contains the minimum terms and conditions of the employment and training of the apprentice.

(d) “Apprenticeship Training Program” means the total system of apprenticeship that a particular local joint committee, as defined in ORS 660.010, operates, including the local joint committee’s registered standards and all other terms and conditions for qualifying, recruiting, selecting, employing and training apprentices in an Apprenticeable Occupation.

C.6.2 Apprencticeship and Outreach Requirements

(a) Apprenticeship Goal

Contractor shall employ Apprentices to perform 12 percent of the Work hours that workers in Apprenticeable Occupations perform under this Contract. Contractor shall also require in each subcontract, with a contract price of $750,000 or more, that the Subcontractor employ Apprentices to perform 12 percent of the Work hours that workers in Apprenticeable Occupations perform under the subcontract.

Contractor has the primary responsibility to monitor compliance levels throughout the Contract and to ensure the requirements are met. Contractor shall ensure that the applicable subcontracts contain the appropriate clauses, obligating Subcontractor to the Apprenticeship goal as applicable; however, this shall not relieve the Contractor of the Contractor's primary responsibility.

Contractor and applicable Subcontractors shall pay an Apprentice for Work on the Project at the hourly rate to which the Apprentice is entitled under an Apprenticeship Agreement or that the Apprenticeship Training Program specifies.

(b) Outreach Plan for Contractor

Contractor shall establish and implement a plan for outreach to and recruitment and retention of women, minority individuals and veterans to perform work under the Contract (“Outreach Plan”), with an aspirational target of having individuals in one or more of these groups to compose at least 15 percent of the total number of workers who perform Work under the Contract.

Contractor’s Outreach Plan must require the Contractor to, at a minimum:

• Advertise employment opportunities available under the Contract in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minority individuals, women or veterans;

• Follow up on the Contractor’s initial solicitations of interest by contacting minority individuals, women or veterans who expressed interest in or responded to the initial solicitation to determine with certainty whether the minority individual, woman or veteran is interested in the opportunities;

• Provide all persons who express continued interest with adequate information about hiring qualifications, pay rates, benefits, the expected duration of employment, work hours and other conditions of employment under the Contract;

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• Make efforts to encourage minority individuals, women and veterans to seek employment under the Contract that the Contractor may reasonably expect will produce a level of participation that meets the aspirational target described in this subsection; and

• Use the services of minority community organizations, local, state, federal and tribal governments or other organizations that have recruiting, training and otherwise assisting minority individuals, women and veterans as the organization’s primary purpose or mission to assist the Contractor with outreach, recruitment and retention.

Contractor shall submit its Outreach Plan to Owner within 15 calendar days of Contract execution .

Contractor shall demonstrate adequate good faith efforts to comply with its Outreach Plan.

The Contractor is not under any obligation to meet any aspirational targets included herein.

(c) Outreach Plan for Subcontractors

Contractor shall require any Subcontractor whose subcontract has an estimated value of $750,000 or more to develop an Outreach Plan, as set forth in ORS 279C.533(4).

Subcontractor’s Outreach Plan shall, at a minimum, require Subcontractor to:

• Advertise employment opportunities available under the contract in general circulation publications, trade association publications and publications that serve an audience or readership that consists primarily of minority individuals, women or veterans;

• Follow up on the subcontractor’s initial solicitations of interest by contacting minority individuals, women or veterans who expressed interest in or responded to the initial solicitation to determine with certainty whether the minority individual, woman or veteran is interested in the opportunities;

• Provide all persons who express continued interest with adequate information about hiring qualifications, pay rates, benefits, the expected duration of employment, work hours and other conditions of employment under the contract;

• Make efforts to encourage minority individuals, women and veterans to seek employment under the public improvement contract that the contractor may reasonably expect will produce a level of participation that meets the aspirational target described in this subsection; and

• Use the services of minority community organizations, local, state, federal and tribal governments or other organizations that have recruiting, training and otherwise assisting minority individuals, women and veterans as the organization’s primary purpose or mission to assist the contractor with outreach, recruitment and retention.

Contractor shall submit Subcontractor’s Outreach Plan to Owner within 30 calendar days of Contract execution.

Neither the Contractor nor its Subcontractors are under any obligation to meet any aspirational targets.

(d) Monthly Reporting.

Contractor shall provide monthly reports for each Contract and each applicable subcontract to Owner, reporting the extent of Contractor’s and applicable Subcontractor’s compliance with the requirements set forth in Section C.6.2(a), (b), and (c). Contractor shall submit this monthly report as part of or as a supplement to certified statements required under ORS 279C.845 and Contractor shall preserve the reports as provided for certified statements in ORS 279C.845(5). The reports described under this subsection, must be in a format and with contents the Commissioner of BOLI specifies by rule, and must at a minimum include:

a. The name of or other identification for this Contract;

b. The city or county in which the public improvement is located;

c. A detailed accounting of:

i. The total number of hours of work that workers performed under this Contract and each applicable subcontract;

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ii. The total number of hours of work that workers performed in each Apprenticeable Occupation for this Contract and each subcontract on the public improvement;

iii. The total number of hours of work that Apprentices performed under this Contract and each subcontract on this public improvement; and

iv. The total number of hours of work that Apprentices in each trade or craft performed for this Contract and each subcontract on this public improvement.

d. The total number of workers who performed construction work and the total numbers of minority individuals, women and veterans who performed construction work under this Contract. A report under this subparagraph must separately list for each worker the worker’s race, ethnicity, gender, veteran status and, as applicable, trade, craft or job category. Please note, the Commissioner of the Bureau of Labor and Industries by rule may specify a method for identifying, collecting and reporting the information required under this subparagraph, which may consist of methods the United States Equal Employment Opportunity Commission prescribes in regulations the United States Equal Employment Opportunity Commission adopts under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq.

Contractor shall maintain records and submission of the reports. Owner may disclose the reports as provided under ORS 279C.845(6). Failure of Contractor to provide monthly reports may result in withholding of payment as provided in ORS 279C.845(7).

(e) Final Report.

a. As a condition of Substantial Completion by Owner, Contractor shall provide Owner with a Final Report regarding its employment of Apprentices, which shall contain:

i. Total amount of Work hours that workers performed in each Apprenticeable

Occupation

ii. Total amount of Work hours performed by Apprentices

iii. Number of hours subject to calculation of reduction in payment as described in Section C.6.2(f)(b)

b. As a condition of Substantial Completion by Owner, Contractor shall provide Agency with a Final Report for each subcontract subject to Section C.6.2(a), which shall contain:

i. Total amount of Work hours that workers performed in each Apprenticeable Occupation

ii. Total amount of Work hours performed by Apprentices

iii. Statement regarding whether Subcontractor met requirements

iv. Number of Work hours subject to calculation of reduction in payment as described in Section C.6.2(f)

v. Whether Contractor reduced payment to Subcontractor for failure to meet requirements, and if so, by how much.

(f) Noncompliance and Reduction in Payment.

a. General. The parties mutually agree that Section C.6.2(b) and Section C.6.2(c) are material provisions of this Contract pursuant to ORS 279C.533(4).

b. Reduction in Payment. As required by ORS 279C.533, Owner will reduce payment due to Contractor under this Contract if Contractor does net meet the requirements set forth in Section C.6.2(a), Apprencticeship goal. The reduction will be equivalent to:

i. For Contractor’s own forces, the difference between the total number of work hours that Apprentices in Apprenticeable Occupations should have performed to meet the apprenticeship requirements of C.6.2(a) less the total number of work hours that Apprentices in Apprenticeable Occupations actually performed, multiplied by $15 per hour, and

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ii. For Subcontractors subject to the requirements of Section C.6.2(a), the difference between the total number of work hours that Apprentices in Apprenticeable Occupations should have performed for the Subcontractors subject to the requirement of C.6.2(a), less the total number of work hours that Apprentices in Apprenticeable Occupations actually performed, multiplied by $15 per hour.

7SGC-6 Make the following revisions to Section D.3 CLAIMS REVIEW PROCESS:

The following section is added:

D.4 FALSE CLAIMS (OREGON FALSE CLAIMS ACT)

D.4.1 Contractor understands and acknowledges it is subject to the Oregon False Claims Act (ORS

180.750 to 180.785) and to any liabilities or penalties associated with the making of a false claim under that Act. By its execution of the Contract, Contractor certifies the truthfulness, completeness, and accuracy of any statement or claim it has made, it makes, it may make, or cause to be made that pertains to the Contract or the Project for which the services are being performed, including but not limited to Contractor’s statement of proposal and any invoices, reports, or other deliverables.

D.4.2. Contractor shall immediately disclose (in Writing) to Agency whenever, in connection with the award, performance or closeout of the Contract, or any subcontract thereunder, Contractor has credible evidence that a principal, employee, agent, or subcontractor of Contractor has committed:

(i) A violation of the Oregon False Claims Act; or;

(ii) A violation of State or Federal criminal or civil law involving fraud, conflict of interest, bribery, gratuity or similar misconduct.

D.4.3. Contractor must include subsections D.4.1 and D.4.2 of this section in each subcontract Contractor may award in connection with the performance of the Contract. In doing so, Contractor may not modify the terms of those subsections, except to identify the subcontractors or sub grantee that will be subject to those provisions.

7SGC-7 Make the following revisions to Section E.2.4, related to Owner’s right to withhold payment:

A new subsection is added to Section E.2.4 as subsection (i) and existing subsections (g) and (h) of Section E.2.4 are removed, re-numbered and revised to read as follows:

(g) failure to carry out the Work in accordance with the Contract Documents;

(h) assessment of liquidated damages, when withholding is made for offset purposes; or

(i) The Contractor having liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon.

7SGC-8 Delete Section E.5 RETAINAGE in its entirety and replace with the following:

E.5 RETAINAGE

E.5.1 Retainage, if withheld, shall be withheld and released in accordance with ORS 279C.550 to 279C.580.

E.5.1.1 Owner reserves the right in its sole discretion to withhold or to not withhold retainage from progress payments or to begin withholding retainage at any time. If Owner withholds retainage from progress payments the amount to be retained will not exceed five percent of the payment.

Upon written application by the Contractor, including written approval of Contractor's surety, Owner may reduce the amount of the retainage and may eliminate retainage on any remaining http://www.leg.state.or.us/ors/180.html http://www.leg.state.or.us/ors/180.html

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E.5.1.2 If retainage is withheld and the Contractor requests that the Owner deposit the retainage in an interest-bearing account under ORS 279C.560(5), the Owner will use an interest-bearing account, established through the State Treasurer, as provided under ORS 279C.560(5). The Owner may recover from Contractor any additional costs incurred through such election by reducing Contractor's final payment.

E.5.1.3 In accordance with the provisions of ORS 279C.560 and any applicable administrative rules, the

Contractor may submit and Owner shall accept the following alternative forms of retainage, unless the Owner rejects in writing the bonds, securities, or other instruments that the Contractor submits under paragraph (a) or a surety bond that the Contractor submits under paragraph (b), below, for good case based on unique project circumstances

(a) bonds, securities or other instruments of equal value deposited with Owner or in a bank or other financial institution to be held in lieu of the cash retainage for the benefit of Owner. Interest or earnings on the bonds, securities or other instruments shall accrue to the Contractor. To be permissible the bonds, securities and other instruments must be of a character approved by the Director of the Oregon Department of Administrative Services, including but not limited to:

(i) Bills, certificates, notes or bonds of the United States.

(ii) Other obligations of the United States or agencies of the United States.

(iii) Obligations of a corporation wholly owned by the federal government.

(iv) Indebtedness of the Federal National Mortgage Association.

(v) General obligation bonds of the State of Oregon or a political subdivision of the State of Oregon.

(vi) Irrevocable letters of credit issued by an insured institution, as defined in ORS 706.008;

or

(b) a surety bond for the benefit of Owner, for all or a portion of funds retained, or to be retained, by Owner in substantially the form specified in ORS 701.435(4) (See ORS 279C.560(7); House Bill 4006, 82nd Oregon Legislative Assembly (2024)). A surety bond submitted under this paragraph must be executed by a surety bonding company that is authorized to transact surety business in this state and may not be a surety obligation of an individual. Such bond and any proceeds therefrom shall be made subject to all claims and liens in the manner and priority as set forth for retainage under ORS 279C.550 to ORS 279C.570 and ORS 279C.600 to ORS 279C.625. The Owner shall reduce the moneys the Owner holds as retainage in an amount equal to the value of the surety bond and pay the amount of the reduction to the Contractor in accordance with ORS 279C.570 (House Bill 4006, 82nd Oregon Legislative Assembly (2024))

E.5.1.3.2 Where the Owner has accepted the Contractor's election of option E.5.1.3.1 paragraph

(a) or (b) above, Owner may recover from Contractor the additional costs incurred through such election by reducing Contractor's final payment.

E.5.1.3.3 Where the Owner has agreed to Contractor's request to deposit a surety bond under option E.5.1.3.1 (b), Contractor shall accept surety bonds from Subcontractors and suppliers on the project from which Contractor has withheld retainage. At any time before final payment, a Subcontractor may submit a surety bond to Contractor and request that the Contractor submit, in a manner provided under ORS 279C.560(7) (House Bill 4006, 82nd Oregon Legislative Assembly (2024)), a surety bond to Owner for the portion of the Contractor’s retainage that pertains to the Subcontractor. When a Contractor at a Subcontractor’s request obtains and submits to the Owner a surety bond under this subsection, the Contractor may withhold from payments to the Subcontractor an amount equivalent to the portion of the Contractor’s surety bond premium for which the Subcontractor is responsible. Contractor shall comply with all applicable requirements under ORS 279C.560(8), including subsection (b), regarding timely submission to Owner a surety bond after Subcontractor’s request, and subsection (e), regarding

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E.5.1.4 In accordance with the provisions of ORS 279C.560, if the Owner accepts bonds, securities or other instruments deposited as provided in paragraph (a) of subsection E.5.1.3, the Owner shall reduce the moneys held as retainage in an amount equal to the value of the bonds, securities and other instruments and pay the amount of the reduction to the Contractor in accordance with

ORS 279C.570.

E.5.1.5 The retainage held by Owner shall be included in and paid to the Contractor as part of the final payment of the Contract Price. The Owner shall pay to Contractor interest at the rate of one and one-half percent per month on the final payment due Contractor, interest to commence thirty

(30) Days after the Work under the Contract has been completed and accepted and to run until the date Contractor shall notify Owner in Writing when the Contractor considers the Work complete and Owner shall, within fifteen (15) Days after receiving the written notice, either accept the Work or notify the Contractor of Work yet to be performed on the Contract. If Owner does not, within the time allowed, notify the Contractor of Work yet to be performed to fulfill contractual obligations, the interest provided by this subsection shall commence to run thirty (30) Days after the end of the 15-Day period.

E.5.1.6 Contractor agrees that if Contractor elects to reserve retainage from any progress payment due to any Subcontractor or supplier, such retainage shall not exceed five percent of the payment, and such retainage withheld from Subcontractors and suppliers shall be subject to, and the Contractor shall comply, with all applicable legal requirements, including but not limited to those in ORS Chapters 279C and 701, and 49 CFR 26.29.

E.5.2 As provided in Sections C.2.2 and C.2.3, additional withholding in the amount of 25% of amounts earned shall be withheld and released in accordance with ORS 279C.845(7) when the Contractor fails to file certified statements as required by Section C.2.1. Further, as provided in Section C.6.2, Agency may enforce a failure of Contractor to submit its monthly report under Section C.6.2.(d) as provided in ORS 279C.845(7), resulting in additional withholdings. (see ORS 279C.533(5)(b)).

7SGC-9 Add the following Smoke-Free Workplace language at the end of Section F.1 USE OF

PREMISES:

Under Oregon’s Indoor Clean Air Act all State of Oregon properties are smoke, aerosol and vapor free (ORS 433.835-870, effective January 1, 2016.) A person may not smoke, aerosolize or vaporize an inhalant or carry a lighted smoking instrument within 10 feet of the following parts of public places or places of employment: Entrances; Exits; windows that open; and Ventilation intakes that serve an enclosed area.

7SGC-10 Add the following new subsections at the end of Section F.2 PROTECTION OF WORKERS, PROPERTY AND THE PUBLIC :

F.2.7.

Contractor shall comply with applicable State of Oregon Governor’s executive orders and Oregon Administrative Rules promulgated by the Department of Consumer and Business Services, Oregon Occupational Safety and Health Division. Additionally, Contractor shall regularly consult the Oregon OSHA guidance publications regarding construction contractors (found at:

https://osha.oregon.gov/pubs/Pages/index.aspx) and utilize those resources and information to develop, update and enforce the Contractor’s policies for safety planning and safety practices on the Project.

Contractor shall also comply with all other federal, state and local government statutes, regulations, administrative rules, ordinances, executive orders, Owner policies and other laws/requirements applicable to the project pertaining to workplace health and safety requirements.

https://osha.oregon.gov/pubs/Pages/index.aspx

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Contractor’s compliance with this section is a material term of the Contract, and Contractor’s failure to comply constitutes a breach of the Contract entitling Agency to terminate this Contract for cause or pursue other available remedies under the Contract.

F.2.8UTILITY FACILITIES: This Project may be located within the Oregon Utility Notification Center area which is a notification system for notifying owners of utility facilities about Work being performed in the vicinity of their facilities. The utilities notification system telephone number is 811 (or 1 800 332 2344).

7SCG-11 Add the following new section to SECTION F, JOB SITE CONDITIONS:

F.8 MATERIAL SALVAGE FOR DEMOLITION CONTRACTS

Pursuant to ORS 279C.510 the Contractor and all subcontractors involved in demolition work are required to salvage or recycle construction and demolition debris, if feasible and cost-effective.”

7SGC-12 Add the following at the end of SECTION H.2 SCHEDULE:

H.2.2 The Project Work schedule is essential to the Owner. The Contractor’s failure to provide the schedule, schedule information, progress reports, or schedule updates when required will be cause to suspend the Work, or to withhold Contract payments as necessary to protect the Owner, until the Contractor provides the required information to the Owner’s Authorized Representative.

7SGC-13 Section J.4, Owner’s Right to Terminate Contract

A new subsection is added to Section J.4.1 as subsection (f) and existing subsections (e) and (f) of Section J.4.1 are removed, re-numbered and revised to read as follows:

“(e) If Contractor should repeatedly fail to make prompt payment to Subcontractors or for material or labor, or should disregard laws, ordinances or the instructions of the Owner or its Authorized Representative;

(f) If Contractor has liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon; or

(g) If Contractor is otherwise in material breach of any part of the Contract.”

7SGC-14 Section J.4, Owner’s Right to Terminate Contract

Subsection J.4.2 is removed and revised to read as follows:

J.4.2 At any time that any of the above occurs, Owner may exercise all rights and remedies available to Owner at law or in equity, including, in the event of the conditions set forth in Section J.4.1(f) regarding Contractor’s liquidated and delinquent debt (including garnishing all monies due for any and all Work performed by the Contractor, when appropriate) and otherwise recovering any liquidated and delinquent debt owed to the State of Oregon or any department or agency of the State of Oregon. In addition, the Owner may take possession of the premises and of all materials and appliances and finish the Work by whatever method it may deem expedient. In such case, the Contractor shall not be entitled to receive further payment until the Work is completed. If the Owner's cost of finishing the Work exceeds the unpaid balance of the Contract Price, Contractor shall pay the difference to the Owner.”

7SGC-15. Add the following at the beginning of SECTION K CONTRACT CLOSEOUT:

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As a condition of final payment, Contractor shall complete and sign the Contract Closeout Checklist form provided by Owner. If accepted by Owner, Contractor’s delivery of the certification as required in K.3 of the Checklist will be deemed to be compliance with the requirements of Section K.3 below and Contractor’s delivery of the information required in K.7 of the Checklist will be deemed to be compliance with the requirements of Section K.7 below.

7SGC-16.The provisions included under Section G.3 INSURANCE are deleted and replaced with the following:

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G.3.1 INSURANCE REQUIREMENTS

Contractor shall obtain at Contractor’s expense the insurance specified in this Section G.3 prior to performing under the Contract and shall maintain it in full force and at its own expense throughout the duration of the Contract, as required by any extended reporting period, and all warranty periods that apply. Contractor shall obtain the following insurance from insurance companies or entities that are authorized to transact the business of insurance and issue coverage in the State of Oregon and that are acceptable to Agency. Coverage shall be primary and non-contributory with any other insurance and self-insurance with the exception of Professional Liability and Workers’ Compensation. Contractor shall pay for all deductibles, self-insured retention and self-insurance, if any.

If Contractor maintains broader coverage and/or higher limits than the Agency requires or limits shown in this insurance requirement exhibit, Agency shall be entitled to the broader coverage and/or higher limits maintained by Contractor.

G.3.2 WORKERS’ COMPENSATION & EMPLOYERS’ LIABILITY

All employers, including Contractor, that employ subject workers, as defined in ORS 656.027, shall comply with ORS 656.017 and provide workers' compensation insurance coverage for those workers, unless they meet the requirement for an exemption under ORS 656.126(2). Contractor shall require and ensure that each of its subcontractors complies with these requirements. If Contractor is a subject employer, as defined in ORS 656.023, Contractor shall also obtain employers' liability insurance coverage with limits not less than $1,000,000 each accident. If Contractor is an employer subject to any other state’s workers’ compensation law, Contractor shall provide workers’ compensation insurance coverage for its employees as required by applicable workers’ compensation laws including employers’ liability insurance coverage with limits not less than $1,000,000 and shall require and ensure that each of its out-of-state subcontractors complies with these requirements.

G.3.3 COMMERCIAL GENERAL LIABILITY

Required Not required

Commercial General Liability Insurance covering bodily injury and property damage written on an ISO CG 00 01 10 01 (or equivalent). This insurance shall include personal and advertising injury liability, products and completed operations, contractual liability coverage for the indemnity provided under the Contract and shall have no limitation of coverage to designated premises, project or operation. Coverage shall be written on an occurrence basis in an amount of not less than $1,000,000 per occurrence. Annual aggregate limit shall not be less than $2,000,000.

G.3.4 AUTOMOBILE LIABILITY

Automobile Liability Insurance covering Contractor’s business use including coverage for all owned, non-owned, or hired vehicles with a combined single limit of not less than $1,000,000 for bodily injury and property damage. This coverage may be written in combination with the Commercial General Liability Insurance (with separate limits for Commercial General Liability and Automobile Liability).

G.3.5 CONTRACTOR’s PROFESSIONAL LIABILITY

G.3.6 CONTRACTOR’S POLLUTION LIABILITY

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G.3.7 EXCESS/UMBRELLA INSURANCE

Excess/Umbrella insurance coverage in the sum of $10,000,000 must be provided and will apply over all liability policies, without exception, including but not limited to Commercial General Liability, Automobile Liability, and Employers' Liability coverage. The amounts of insurance for the insurance required under this Contract, including this Excess/Umbrella insurance requirement, may be met by the Contractor obtaining coverage for the limits specified under each type of required insurance or by any combination of underlying, Excess and Umbrella limits so long as the total amount of insurance is not less than the limits specified for each type of required insurance added to the limit for this Excess/Umbrella insurance requirement.

If Excess/Umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the Excess/Umbrella insurance.

A. G.3.8 BUILDERS RISK INSTALLATION FLOATER INSURANCE

Contractor shall obtain and keep in effect during the term of this Contract, a Builder's Risk Installation Floater in an amount of no less than $1,000,000 for coverage of the materials and equipment to be used for completion of the Work performed under this Contract, including materials, supplies and equipment in transit and/or in an off-site storage location. This insurance must include as loss payees the Owner, the Contractor and its Subcontractors as their interests may appear.

Builder’s Risk Period Such insurance must be maintained until the later of (a) final payment is made, or (b) no person or entity other than the Owner has an insurable interested in the covered property.

Builder’s Risk Losses A loss insured under the Builder’s Risk and Builder’s Risk Installation Floater must be adjusted by the Owner and made payable to the Owner for the insureds, as their interests may appear. The Contractor shall pay Subcontractors their just shares of insurance proceeds received by the Contractor, and by appropriate agreements, written where legally required for validity, shall require Subcontractors to make payments to their Sub-subcontractors in similar manner. The Owner must have power to adjust and settle a loss with insurers.

G.3.9 ADDITIONAL INSURED

The Commercial General Liability insurance and Automobile Liability insurance required under the Contract must include an additional insured endorsement specifying the State of Oregon, its officers, employees and agents as Additional Insureds including additional insured status with respect to liability arising out of ongoing operations and completed operations, but only with respect to Contractor's activities to be performed under the Contract. Coverage shall be primary and non-contributory with any other insurance and self-insurance. The Additional Insured endorsement with respect to liability arising out of your ongoing operations must be on ISO Form CG 20 10 07 04 or equivalent and the Additional Insured endorsement with respect to completed operations must be on ISO form CG 20 37 04 13 or equivalent.

G.3.10 EXTENDED REPORTING

If any of the required insurance is on a claims made basis and does not include an extended reporting period through the statute of ultimate repose, Contractor shall maintain continuous claims made liability coverage, provided the effective date of the continuous claims made coverage is on or before the effective date of the Contract, for a period equal to the statute of ultimate repose following the later of (i) Contractor’s completion and Agency’s acceptance of all

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Services and Work required under the Contract, or, (ii) The expiration of all warranty periods provided under the Contract.

G.3.11 CERTIFICATE(S) AND PROOF OF INSURANCE

Contractor shall provide to Agency Certificate(s) of Insurance for all required insurance before delivering any Goods and performing any Services and Work required under the Contract. The Certificate(s) shall include the Contract number and list the State of Oregon, its officers, employees and agents as a Certificate holder and as an endorsed Additional Insured. If a Contractor Pollution Liability coverage requirement includes an Asbestos Liability, Lead Liability or both Asbestos Liability and Lead Liability endorsement(s), copies of the endorsement(s) must be provided with the Certificate. If excess/umbrella insurance is used to meet the minimum insurance requirement, the Certificate of Insurance must include a list of all policies that fall under the excess/umbrella insurance. As proof of insurance Agency has the right to request copies of insurance policies and endorsements relating to the insurance requirements in the Contract.

G.3.12 NOTICE OF CHANGE OR CANCELLATION

The Contractor or its insurer must provide at least 30 days’ written notice to Agency before cancellation of, material change to, potential exhaustion of aggregate limits of, or non-renewal of the required insurance coverage(s).

G.3.13 INSURANCE REQUIREMENT REVIEW

Contractor agrees to periodic review of insurance requirements by Agency under the Contract and to provide updated requirements as mutually agreed upon by Contractor and Agency.

G.3.14 STATE ACCEPTANCE

All insurance providers are subject to Agency acceptance. If requested by Agency, Contractor shall provide complete copies of insurance policies, endorsements, self-insurance documents and related insurance documents to Agency’s representatives responsible for verification of the insurance coverages required under this Section G.3.

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Oregon State Hospital Supplemental General Provisions

Contractors providing services under this contract must abide by OSH Policies and Procedures:

• Drug-Free Workplace attached hereto as Exhibit 7, Part 17.

• Weapons on Campus attached hereto as Exhibit 7, Part 18.

• Violence Free Workplace/Campus attached hereto as Exhibit 7, Part 19.

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Part 17

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Part 18

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Part 19

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