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AMLNDMENT NO. CONSTRUCTION CONTRACT BETWEEN ~ PENCE/KELLY CONSTRUCTION, INC. AND MARION COUNTY AND SALEM AREA MASS TRANSTT DISTRICT Date: ~ ~ ~ Marion County and Salem Area Mass Transit District (Owner) and PencelKelly Constructioq Inc. (Contractor) are parties to a contract dated February 17, 1999, for construction - of a project known as Courthouse Square. The parties desire to change the terms of the . construction contract concerning processing and payment for ch~ange orders and retainage. 'The parties also desire to add terms to the contrad conceming value engineering change proposals. In consideration of the mutual promises of the parties set forth in this Amendment the parties agree to modify the construction contract as follows: I. ~han~e Orders: A. Definitions. For purposes of changes in the work under Article 7, the following definitions of terms shall apply: Direct Costs. Unless otherwise provided in the Contract Documents, Direct Costs shall be limited to the following: cost of materials, including sales tax and cost of delivery; cost of labor, including social security, old age and unemployment insurance, and fiYnge benefits required by agreemem; workers' compensation insurance; bond premiums; rental value of equipmem and machinery; and additional costs of field personnel direatly attributable to the change. 2. Overhead. The following items shall be included in Contractor's markup (general and administrative expense, overhead and profit) and shall not be charged as direct cost of the Work: Personnel above the level of foreman (i.e., superintendents and project managers); expenses of Contractor's offices including personnel; and overhead and general and administrative expenses. B. Changed Work Markup. Contractor and Owner agree that the percentage markup to cover all other charges in connection with the Contractor's price for changed work under Paragraph 7.3.7.3 of the General Conditions of the construdion contract is hereby amended to be five percent (5%), and to delete ten percent (10%).