Amendment No 1 to Owner-Engineer Agreement – Additional Work Required by FERC for South Bend Dam 2020 - Christopher B. Burke Engineering, LLC.

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This is EXHIBIT K, consisting of pages, referred to in and part of the Agreement between Owner and Engineer for Professional Services dated Decefber 16, 2019. AMENDMENT TO OWNER -ENGINEER AGREEMENT Amendment No. 1 1. Background Data: a. Effective Date of Owner -Engineer Agreement: December 16, 2019 b. Owner: Board of Public Works, City of South Bend, Indiana "Owner" C. Engineer: Christopher B. Burke En ineerin , LLC CBBEL "En ineer" d. Safety Surveillance anMonitoring d Report Protect: South Bend Dam - mDam Saf........ ——- 2. Description of Modifications; a. Engineer shall perform or furnish the following Additional Services: Task 1 — Update DSSMP — In accordance with the request from the Federal Energy Regulatory Commission (FERC), CBBEL will update the Dam Safety Survaillance and Monitoring Plan (DSSMP) for the South Bend Dam. Updates include adding a requirement to obtain a bathymetric survey and underwater inspection following unusual flooding events, adding a requirement to visually monitor the dam and instrumentation during unusual flooding events, general corrections to outdated information, and modifications as needed to make the document consistent with current FERC guidance. The updated DSSMP will be submitted with the 2020 Dam Safety Surveillance and Monitoring Report (DSSMR). Task 2 — Staff Gage Recommendations — FERC requested that the staff gages be replaced so that the height of the gages extends above the water surface elevation of the February 2018 flood and below the lowest historic water suface elevation. CBBEL will review historic high and low water suface elevations at the site and will make a recommendation on the height of the new gages. Task 3 — Bathymetric Survey and Underwater Inspection — FERC requested that a bathymetric survey and underwater inspection be performed to access the potential impacts of the February 2018 flood event on the stability of the dam. CBBEL will retain Lawson -Fisher Associates, P.C. to peform a baythmetric survey of the area immediately downstream of the dam to approximately the downstream end of Island Park. In addition, CBBEL will retain Gus Commercial Divers to perform an underwater inspection of the dam and appurtenant structures. It is expected that both the bathymetric survey and underwater Page 1 (Exhibit K — (Amendment to Owner -Engineer Agreement) — Attachment 1) EJCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright D 2008 National Society of Professional Engineers for EJCDC. All rights reserved.