AMENDMENT TO EXHIBIT D

The parties hereby agree to amend Exhibit D, Memo of Understanding dated July 25, 2000 between TriMet and Bureau of Environmental Services, incorporated into the Design and Construction Management Services agreement, as adopted by City Council on August 23, 2000, Ordinance 174777, between TriMet and the City of Portland, as follows:

With reference to and after paragraph 5 in Exhibit D, insert subparagraph 5a, which reads:

“The actual total cost of relocated BES facilities on the North Interstate MAX project is $3,850,375.00. Because the actual cost is higher than the estimated cost of $3,123,103.00, BES agrees to increase its contribution in the amount of $218,182.00, which is 30% of the difference. The revised, total BES contribution becomes $1,218,182.00. Additionally, because of the increased scope and complexity of the actual relocation work, TriMet agrees to pay BES its actual incurred staff costs in the amount of $540,932.00.”

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