Amendment No. 2 to Owner-Engineer Agreement - Design Services for West Race Gate Repair and West Bank Corridor – Lawson-Fisher Associates

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additional agency coordination to ensure all permits are in hand. The following list of permits does not include any potential State Historic Preservation Office (SHPO) items that may arise during review by other permitting agencies. a. Update and submit a federal (Army Corps of Engineers) Section 404 waterway pennit. b. Update and submit a state Section 401 Water Quality Certification as required from the Indiana Department of Environmental Management (IDEM). C. Update and submit an Indiana Department of Natural Resources (IDNR) Construction in a Floodway permit. Hydraulic modeling is not included in this proposal as it is anticipated that the proposed construction activities will meet the requirements associated with the IDNR's non -modeling worksheet. d. Provide follow up with regulatory agencies as required for application questions and/or clarification. 3. Coordinate with the Federal Energy Regulatory Commission (FERC) and the University of Notre Dame (FERC Exemptee) regarding the project. This project falls under FERC's jurisdiction (Project P-7569) as an appurtenant structure to the hydroelectric facility. The FERC requires a Temporary Construction Emergency Action Plan (TCEAP) and a Quality Control Inspection Program (QCIP). These documents have been created and submitted to FERC during a previous phase of this project but will require updating for this phase. In particular, the TCEAP will need to be revised to account for yet to be determined threshold headwater elevations. Additionally, the FERC has requested that dewatering be approved by FERC prior to construction. This plan will be developed by the contractor and submitted to FERC for approval. LFA anticipates one meeting with project stakeholders to address the dewatering plan as well as additional time to update FERC on the project status, as required. 4. Administering the bidding process. A pre -bid meeting is assumed for the project as well as public notice and response to contractor questions during the bidding process. 5. Provide limited construction phase services during the project including attendance at a preconstrLlction meeting, shop drawing review, and respond to contractor questions as needed. Field observation and site visits are not included in this agreement. b. The Scope of Services currently authorized to be performed by Engineer in accordance with the Agreement and previous amendments, if any, is modified as follows: C. The responsibilities of Owner are modified as follows: Page 2 (Exhibit K — (Amendment to Owner -Engineer Agreement)— Attachment 1) E.JCDC E-500 Agreement Between Owner and Engineer for Professional Services. Copyright © 2008 National Society of Professional Engineers for EJCDC. All rights reserved.