W912ES-17-B-0006_Lower_Pool_2_Boulanger_Bend_to_LD2_Phase_1_Amendment_004.pdf

W81G6770761999

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 (1) Replace the Draft Public Waters Work Permit included in Section 01 57 20.00 13 ENVIRONMENTAL PROTECTION w ith the Approved Permit; (2) Revise Paragragh 3.1 PERMITS in Section 01 57 20.00 13 ENVIRONMENTAL PROTECTION to reflect the inclusion of the Approved Permit.

The bid opening date does not change as a result of this Amendment.

1. CONTRACT ID CODE PAGE OF PAGES

1 5

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

16C. DATE SIGNED

BY 11-Sep-2017

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 W912ES-17-B-0006

X 9B. DATED (SEE ITEM 11)

07-Aug-2017

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

11-Sep-2017

CODE

CONTRACTING DIVISION

USACE - ST. PAUL

180 5TH STREET E SUITE 700

ST. PAUL MN 55101-1678

W912ES 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912ES-17-B-0006

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

The following have been added by full text:

(1) Replace the DRAFT Public Waters Work Permit at the end of Section 01 57 20.00 13 ENVIRONMENTAL PROTECTION with the Approved Permit attached to this Amendment.

(2) Revise Paragraph 3.1 PERMITS in Section 01 57 20.00 13 ENVIRONMENTAL PROTECTION:

The MNDNR Public Waters Work Permit is included in the specifications. The MPCA waiver of the Clean Water Act Section 401 Water Quality Certification is also included. However, the contractor is responsible to meet Minnesota Water Quality Standards. At a minimum, follow the Best Management Practices (BMPs) attached at the end of this section. The Contractor is responsible for obtaining any other applicable permits or licenses. The Contractor shall be responsible for implementing the terms and requirements of the permits held by the Contractor or the Government.

(End of Summary of Changes)

Permit Number

2017-2038

MINNESOTA DEPARTMENT OF NATURAL RESOURCES

Public Waters Work Permit Expiration Date: 07/17/2022

Pursuant to Minnesota Statutes, Chapter 103G, and on the basis of statements and information contained in the permit application, letters, maps, and plans submitted by the applicant and other supporting data, all of which are made part hereof by reference, PERMISSION IS HEREBY GRANTED to the applicant to perform actions as authorized below.

Resource:Watershed:County:Project Name:

Lower Pool 2 Channel

Management Study

Dakota Mississippi River - Twin Cities Sand/Gravel Pit;

Quarry/Mine;

Stream/River: Mississippi

River - U.S. Lock & Dam #2

Pool (main channel) ;

Lake: U.S. Lock & Dam #2

Pool (main channel)

(19000599)

Authorized Action:Purpose of Permit:

Wing Dam/Current Deflector, Harbor/Slip/Channel/Ditch Fill

Construct two rock sill channel training structures, one on the right descending bank from River Mile 819.5 to 819.8, and one on the left descending bank from

River Mile 818.4 to 818.9, within the authorized navigation channel, all in accordance with plan sheets dated July 2017 and the conditions of this permit.

N/AU.S. ARMY CORPS OF ENGINEERS

CONTACT: MCFARLANE, AARON, (651) 290-5660

180 FIFTH STREET EAST, SUITE 700

ST. PAUL, MN 55101

(651) 290-5252

Permittee: Authorized Agent:

Property Description (land owned or leased or where work will be conducted):

UTM zone 15N, 505270m east, 4958224m north, SWSE of Section 33, T27N, R21W

Area HydrologistJennie Skancke

Expiration Date:Effective Date:Issued Date:Title:Authorized Issuer:

07/17/202209/11/201709/11/2017

This permit is granted subject to the following CONDITIONS:

APPLICABLE FEDERAL, STATE, OR LOCAL REGULATIONS: The permittee is not released from any rules, regulations, requirements, or standards of any applicable federal, state, or local agencies; including, but not limited to, the U.S. Army

Corps of Engineers, Board of Water and Soil Resources, MN Pollution Control Agency, watershed districts, water management organizations, county, city and township zoning.

NOT ASSIGNABLE: This permit is not assignable by the permittee except with the written consent of the Commissioner of Natural Resources.

NO CHANGES: The permittee shall make no changes, without written permission or amendment previously obtained from the Commissioner of Natural Resources, in the dimensions, capacity or location of any items of work authorized hereunder.

SITE ACCESS: The permittee shall grant access to the site at all reasonable times during and after construction to

CONDITIONS continued on next page...(MPARS revision 20160211, Permit Issuance ID 56679, printed 09/11/2017)

CONDITIONS (Continued from previous page) authorized representatives of the Commissioner of Natural Resources for inspection of the work authorized hereunder.

TERMINATION: This permit may be terminated by the Commissioner of Natural Resources at any time deemed necessary for the conservation of water resources of the state, or in the interest of public health and welfare, or for violation of any of the conditions or applicable laws, unless otherwise provided in the permit.

COMPLETION DATE: Construction work authorized under this permit shall be completed on or before the date specified above. The permittee may request an extension of the time to complete the project by submitting a written request, stating the reason thereof, to the Commissioner of Natural Resources.

WRITTEN CONSENT: In all cases where the permittee by performing the work authorized by this permit shall involve the taking, using, or damaging of any property rights or interests of any other person or persons, or of any publicly owned lands or improvements thereon or interests therein, the permittee, before proceeding, shall obtain the written consent of all persons, agencies, or authorities concerned, and shall acquire all property, rights, and interests needed for the work.

PERMISSIVE ONLY / NO LIABILITY: This permit is permissive only. No liability shall be imposed by the State of

Minnesota or any of its officers, agents or employees, officially or personally, on account of the granting hereof or on account of any damage to any person or property resulting from any act or omission of the permittee or any of its agents, employees, or contractors. This permit shall not be construed as estopping or limiting any legal claims or right of action of any person other than the state against the permittee, its agents, employees, or contractors, for any damage or injury resulting from any such act or omission, or as estopping or limiting any legal claim or right of action of the state against the permittee, its agents, employees, or contractors for violation of or failure to comply with the permit or applicable conditions.

EXTENSION OF PUBLIC WATERS: Any extension of the surface of public waters from work authorized by this permit shall become public waters and left open and unobstructed for use by the public.

WETLAND CONSERVATION ACT: Where the work authorized by this permit involves the draining or filling of wetlands not subject to DNR regulations, the permittee shall not initiate any work under this permit until the permittee has obtained official approval from the responsible local government unit as required by the Minnesota Wetland Conservation Act.

CONTRACTOR RESPONSIBILITY: The permittee shall ensure the contractor has received and thoroughly understands all conditions of this permit. Contractors must obtain a signed statement from the property owner stating that permits required for work have been obtained or that a permit is not required, and mail a copy of the statement to the regional DNR

Enforcement office where the proposed work is located. The Landowner Statement and Contractor Responsibility Form can be found at: http://www.bwsr.state.mn.us/wetlands/wca/index.html#general.

INVASIVE SPECIES - EQUIPMENT DECONTAMINATION: All equipment intended for use at a project site must be free of prohibited invasive species and aquatic plants prior to being transported into or within the state and placed into state waters. All equipment used in designated infested waters, shall be inspected by the Permittee or their authorized agent and adequately decontaminated prior to being transported from the worksite. The DNR is available to train inspectors and/or assist in these inspections. For more information refer to the "Best Practices for Preventing the Spread of Aquatic

Invasive Species" at http://files.dnr.state.mn.us/publications/ewr/invasives/ais/best_practices_for_prevention_ais.pdf.

Contact your regional Invasive Species Specialist for assistance at www.mndnr.gov/invasives/contacts.html. A list of designated infested waters is available at www.mndnr.gov/invasives/ais/infested.html. A list of prohibited invasive species is available at www.mndnr.gov/eco/invasives/laws.html#prohibited.

FISHERY PROTECTION - EXCLUSION DATES: No activity affecting the bed of the protected water may be conducted between March 15 and June 15, to minimize impacts on fish spawning and migration. If work during this time is essential, it shall be done only upon written approval of the Area Fisheries Manager. See contact list at:

http://files.dnr.state.mn.us/fisheries/management/dnr_fisheries_managers.pdf. Should work begin elsewhere in the project area within these dates, all exposed soils that are within 200 feet of Public Waters and drain to those waters must complete erosion control measures within 24 hours of its disturbance to prevent sediment from entering Public Waters.

STRUCTURES - SAFE MATERIALS: The structure shall be constructed with materials that will not have a detrimental impact on aquatic organisms or water quality.

MUSSEL RELOCATION: The Corps will follow the mussel relocation procedures outlined in Appendix G of the EAW. If the structures are constructed at different times, relocation will occur immediately prior to the rock placement in the same year.

CONDITIONS continued on next page...Page 2 - Permit Number 2017-2038

Novak, Thomas, Contact; U.S. Army Corps of Engineers - Primary

Megan Moore, DNR Miss River Coordinator

Rich Baker, DNR Endangered Species Coordinator

Jeanne Daniels, DNR EWR District Manager

Dan Lais, DNR EWR Regional Manager

Joseph Kulhanek, Conservation Officers, Hastings

Becky Horton, DNR Regional Environmental Assessment Ecologist, Region 3

Bob Fashingbauer, DNR Wildlife, Vermillion River Complex

TJ DeBates, DNR Fisheries, East Metro Area

Mark Zabel, Watershed District, VERMILLION RIVER WATERSHED JPO

Corps of Engineers MN Requests Email, Corps of Engineers, Dakota

Brian Watson, SWCD, Dakota SWCD cc:

Page 3 - Permit Number 2017-2038