A22 - W912EK24B0013 - Amendment 0002_With SUP.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

Except as provided herein, all terms and conditions of the document referenced in Item 9A or 10A, as heretofore changed, remains unchanged and in full force and effect.

15A. NAME AND TITLE OF SIGNER (Type or print)

30-105-04EXCEPTION TO SF 30

APPROVED BY OIRM 11-84

STANDARD FORM 30 (Rev. 10-83) Prescribed by GSA

FAR (48 CFR) 53.243

The purpose of this Amendment is to update the Solicitation Technical Specif ication to remove drafted Special Use Permit and to include the Final Special Use Permit for Steamboat Island HREP Stage II.

1. CONTRACT ID CODE PAGE OF PAGES

J 1 2

16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

16C. DATE SIGNED

BY 19-Dec-2023

16B. UNITED STATES OF AMERICA15C. DATE SIGNED15B. CONTRACTOR/OFFEROR

(Signature of Contracting Officer)(Signature of person authorized to sign)

8. NAME AND ADDRESS OF CONTRACTOR (No., Street , County, State and Zip Code) X W912EK24B0013

X 9B. DATED (SEE ITEM 11)

30-Nov-2023

10B. DATED (SEE ITEM 13)

9A. AMENDMENT OF SOLICITATION NO.

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

X The above numbered solicitation is amended as set forth in Item 14. The hour and date specified for receipt of Offer is extended, X is not extended.

Offer must acknowledge receipt of this amendment prior to the hour and date specified in the solicitation or as amended by one of the following methods:

(a) By completing Items 8 and 15, and returning 1 copies of the amendment; (b) By acknowledging receipt of this amendment on each copy of the offer submitted;

or (c) By separate letter or telegram which includes a reference to the solicitation and amendment numbers. FAILURE OF YOUR ACKNOWLEDGMENT TO BE RECEIVED AT THE PLACE DESIGNATED FOR THE RECEIPT OF OFFERS PRIOR TO THE HOUR AND DATE SPECIFIED MAY RESULT IN

REJECTION OF YOUR OFFER. If by virtue of this amendment you desire to change an offer already submitted, such change may be made by telegram or letter, provided each telegram or letter makes reference to the solicitation and this amendment, and is received prior to the opening hour and date specified.

12. ACCOUNTING AND APPROPRIATION DATA (If required)

13. THIS ITEM APPLIES ONLY TO MODIFICATIONS OF CONTRACTS/ORDERS.

IT MODIFIES THE CONTRACT/ORDER NO. AS DESCRIBED IN ITEM 14.

A. THIS CHANGE ORDER IS ISSUED PURSUANT TO: (Specify authority) THE CHANGES SET FORTH IN ITEM 14 ARE MADE IN THE

CONTRACT ORDER NO. IN ITEM 10A.

B. THE ABOVE NUMBERED CONTRACT/ORDER IS MODIFIED TO REFLECT THE ADMINISTRATIVE CHANGES (such as changes in paying office, appropriation date, etc.) SET FORTH IN ITEM 14, PURSUANT TO THE AUTHORITY OF FAR 43.103(B).

C. THIS SUPPLEMENTAL AGREEMENT IS ENTERED INTO PURSUANT TO AUTHORITY OF:

D. OTHER (Specify type of modification and authority)

E. IMPORTANT: Contractor is not, is required to sign this document and return copies to the issuing office.

14. DESCRIPTION OF AMENDMENT/MODIFICATION (Organized by UCF section headings, including solicitation/contract subject matter where feasible.)

10A. MOD. OF CONTRACT/ORDER NO.

2. AMENDMENT/MODIFICATION NO. 5. PROJECT NO.(If applicable)

6. ISSUED BY

3. EFFECTIVE DATE

19-Dec-2023

CODE

CONTRACTING DIVISION

US ARMY CORPS OF ENGINEERS 1500 ROCK ISLAND D

ROCK ISLAND IL 61201

W912EK 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912EK24B0013

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

(End of Summary of Changes)

Permit #: 32579-23-045 Upper Mississippi River National Wildlife Refuge

General Activity Special Use Permit

(For Official Use Only)

Permit Term:

From: 1/1/2024 To: 12/31/2026

Permittee Name/Business: USACE-Rock Island District Permit Activity Type: General - Access Permit Activity Type (Other/Not Listed): Construction Permit Status: Approved

If approved, provide special conditions (if any) in the text box below.

If denied, provide justification below.

See attached special conditions.

1. Are there additional special conditions attached to the permit?

Yes No N/A

2. Are other licenses/permits required, and have they been verified?

Yes No N/A

3. Are insurance and/or certification(s) required, and have they been verified?

Yes No N/A

4. Record of Payments: Full Partial Exempt

5. Is a surely bond or security deposit required?

Yes No N/A

This permit is issued by the U.S. Fish and Wildlife Service and accepted by the applicant signed below, subject to the terms, covenants, obligations, and reservations, expressed or implied therein, and to the notice, conditions, and requirements included or attached. A copy of this permit should be kept on-hand so that it may be shown at any time to any refuge staff

Permit approved/issued by: (Signature and title) Permit accepted by: (Signature of permittee)

Date: ____________________________ Date: _______________________________

US Fish & Wildlife Service September 2023 Upper Mississippi River National Wildlife and Fish Refuge

Special Use Permit Permit # 32579-23-045

Special Conditions

1. Construction Contract: All work shall be performed in accordance with the Steamboat Island HREP Stage II construction plans and specifications advertised in FY 2024, as amended and modified.

2. Contract Modifications: Coordinate design changes and clarifications, including modifications and Requests for Information with the US Fish and Wildlife Service (Service).

The Service shall comment on and approve of changes and clarifications prior to execution.

3. Preconstruction Conference and Inspections: Preconstruction conference, pre and post conditions surveys, and pre and final inspections shall include Service personnel listed below or their designated representatives.

4. Project Features Layout: The contractor shall field stake the project features layout, including tree clearing limits, dredging limits, placement limits, and access routes and points, etc., per project plans and specifications. The Contracting Officer’s Representative (COR) and Service personnel listed below shall approve the staked feature layout prior to commencing construction of that feature. The Service reserves the right to make minor adjustments to the alignment to ensure it matches the actual field conditions and will communicate those directly with the COR as needed.

5. Eagle Nesting Work Restrictions: There were no active eagle nests in the Stage II project area identified in 2023. Eagle nests are located as shown on the contract drawings. In spring of 2024 and future years, the US Fish and Wildlife Service will conduct eagle nest surveys for the project area. If the nests at these locations are determined to be active or if additional active nests are identified within the project area, the Contractor's activities shall comply with the avoidance measures of the Bald and Golden Eagle Protection Act (16 U.S.C. 668- 668c), as follows:

5.1. Maintain a buffer of at least 660 feet (200 meters) between project construction activities and any active nest.

5.2. Restrict all project construction activities within 660 feet of any identified active eagle nest to outside the nesting season (i.e. outside the nesting season is from August through mid-January in the Midwest, however the Refuge has established an earlier fledging date of around July 15). The Service will determine when nesting activity has ended (i.e., eaglets have fledged) and will notify the Contracting Officer’s Representative that the Contractor may immediately proceed with construction activities within the buffer zone.

5.3. Maintain established landscape buffers that screen the activity from the nest.

5.4. No clearing of live or dead trees shall be allowed within 660 feet of an eagle nest between January 1 and June 15, inclusive. These dates coincide with the local eagle mating, nesting, and rearing season.

5.5. If new or previously unknown nests are identified, the Contractor will cease work within these distance limits and contact the COR who in turn will coordinate with the Service contacts.

5.6. The Service will notify the Contracting Officer prior to the beginning of each spring construction season if there are any active eagle nests in the project area.

5.7. The Contractor shall clearly mark the limits of all eagle nesting buffer areas that overlay the project features such as access, dredging, and repair construction activities.

5.8. The Contractor shall provide a plan to comply with these restrictions.

6. Section 7 Consultation Conservation Measures: Refer to the USFWS Illinois-Iowa Field

Office’s June 22, 2020, consultation letter for conservation measures to use during construction, including the following.

6.1. Limit clearing of trees considered potentially suitable bat habitat to Oct 1 – March

31, outside of the bat maternity season.

6.2. Use mussel surveys to inform access channel alignments, staging areas, or other areas of potential substrate disturbance (dredging, spudding, etc.) to avoid and minimize impacts to areas of higher mussel densities. Maintain an adequate buffer between the barge and river bottom outside of coordinated areas to prevent substrate disturbance.

7. Tree Cutting and Removal: Tree clearing limits are delineated on the contract drawings. No trees outside those limits shall be cut or removed without Service approval.

8. Scheduling: Provide the Service a minimum of 10 business days regarding the following:

8.1. Review of Contractor requests, design changes, project feature layout and access reviews, and other requested or required reviews and approvals.

8.2. Notification regarding meeting and inspection dates.

9. Work Notifications:

9.1. Notify the Service a minimum of 5 business days before project construction begins at the start of each construction season.

9.2. Notify the Service within 24 hours when work is stopped on site, and immediately when work resumes, for any reason including weather, high river flows, and equipment repairs.

10. Spill Notification: In addition to mandatory spill reporting, the Contractor shall report any spills to the Service contacts within 12 hours of a spill.

11. Contact Information: Service contacts are Ed Britton and Sharonne Baylor.

Ed Britton Savanna District Manager Upper Mississippi River

National Wildlife and Fish Refuge 7071 Riverview Rd Thomson, IL 61285 Office: 815-273-2732 ed_britton@fws.gov

Sharonne Baylor Environmental Engineer Upper Mississippi River National Wildlife and Fish Refuge 102 Walnut St, Suite 204 Winona, MN 55987 Mobile: 507-459-2221 sharonne_baylor@fws.gov

12. This Special Use Permit and the privileges granted herein may be revoked by the Refuge Manager at any time for failure to comply with the permit conditions.

13. Performance by the Permittee of any promise, covenant or obligation in this special use permit, and the Permittee’s liability under this special use permit, is subject to and dependent on the availability of sufficient funds appropriated and allocated for that purpose. In the event that sufficient funds are not available to liquidate a liability or undertake an obligation arising under this special use permit, the Permittee’s duties with respect to that liability or obligation shall be deferred until such time as sufficient funds are lawfully made available (appropriated and allocated) for that purpose. To the extent any preceding condition conflicts with or is inconsistent with this condition, this condition shall control.

By signing this permit, you acknowledge you have read and understand all the Special Use Permit conditions and Refuge special regulations.

PERMITTEE SIGNATURE______________________________ DATE_____________

ATTACHMENT A- 00 73 05

3.2.2 Erosion and Sediment Control Measures

1.3.7 Construction Survey

ATTACHMENT A- 02 21 00

2.3 WATER

3.6 FINAL EXAMINATION AND ACCEPTANCE