Amendment 0002 W912P622B0002 Port Washington Hbr BW Rpr.pdf

W81G6620181982

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

REFERENCE INVITATION FOR BIDS NO. W912P622B0002, "PORT WASHINGTON HARBOR BREAKWATER REPAIRS, PORT WASHINGTON, OZAUKEE COUNTY, WISCONSIN (USACE-CHICAGO DISTRICT PROJECT)"

-- THE DESCRIPTION OF THIS AMENDMENT CONTINUES ON THE FOLLOWING PAGE --

1. CONTRACT ID CODE PAGE OF PAGES

1 2

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

16C. DATE SIGNED

BY 07-Apr-2022

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 W912P622B0002

X 9B. DATED (SEE ITEM 11)

28-Feb-2022

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

07-Apr-2022

CODE

U.S. ARMY ENGINEER DISTRICT, CHICAGO

231 SOUTH LASALLE STREET SUITE 1500

CHICAGO IL 60604-1437

W912P6 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

W912P622B0002

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

The following items are applicable to this modification:

SUMMARY OF CHANGES

A. BID OPENING DATE AND TIME:

The BID OPENING DATE for the referenced Solicitation IS NOT EXTENDED by this Amendment. The bid opening will be held on April 19, 2022 as the USACE has received the 401 permit for this project; therefore, the contingency statement is no longer applicable and bids can now be accepted (more details provided in the below paragraph B). Accordingly, bids are due by 1:00 p.m. (Central Time) on April 19, 2022. Detailed information regarding the submission of bids is located at Section 00 22 13 of the Solicitation document.

B. CONTINGENCY STATEMENT IS RELEASED:

By way of this Amendment, prospective Bidders are hereby informed that the required 401 permit from State of Wisconsin Department of Natural Resources have been received for the project. Thus, whereas the contingency statement had been previously stated in the Solicitation, it is hereby removed.

C. POINT OF CONTACT: The Point of Contact (POC) for this Amendment is Ericka Hillard at (312) 846‐5378;

email: ericka.d.hillard@uasce.army.mil.

State of Wisconsin

DEPARTMENT OF NATURAL RESOURCES

2984 Shawano Ave.

Green Bay, WI, 54313

Tony Evers, Governor

Preston D. Cole, Secretary Telephone 608-266-2621

Toll Free 1-888-936-7463

TTY Access via relay - 711

04/06/2022

Rachel Robins IP-SE-2021-46-04954

231 South LaSalle Street

Chicago, IL 60604

RE: Application IP-SE-2021-46-04954 to place riprap along the existing breakwater for repair work on Lake Michigan in the City of Port Washington, Ozaukee County

Dear Ms. Robins:

The Department of Natural Resources has completed its review of your application for a permit to place riprap on

Lake Michigan located in the SE 1/4, SE 1/4, Sec. 28, T. 11, R. 22E, City of Port Washington, Ozaukee County. You will be pleased to know your application is approved.

I am attaching a copy of your permit, which lists the many important conditions that must be followed to protect water quality and habitat. A copy of the permit must be posted for reference at the project site. Please read your permit conditions carefully so that you are fully aware of what is expected of you.

Please note you are required to submit photographs of the completed project within 7 days after you've finished construction. This helps both of us to document the completion of the project and compliance with the permit conditions.

Your next step will be to notify me of the date on which you plan to start construction and again after your project is complete.

If you have any questions about your permit, please call me at (715) 416-3827 or email Sarah.Szabo@wisconsin.gov.

Sincerely, Sarah Szabo

Water Management Specialist

CC:

U.S. Army Corps of Engineers

County Zoning Administrator

Conservation Warden

STATE OF WISCONSIN MISCELLANEOUS STRUCTURE PERMIT

DEPARTMENT OF NATURAL RESOURCES IP-SE-2021-46-04954

Application of Rachel Robins, docket IP-SE-2021-46-04954 is hereby granted under Section 30.208 and 30.12(3m)

Wisconsin Statutes, to place riprap on Lake Michigan located in the SE 1/4, SE 1/4, Sec. 28, T. 11, R. 22E, City of

Port Washington, Ozaukee County.

PERMIT

1. You must notify Sarah Szabo at phone (715) 416-3827 or email Sarah.Szabo@wisconsin.gov before starting construction and again not more than 5 days after the project is complete.

2. You must complete the project as described on or before 04/06/2025. If you will not complete the project by this date, you must submit a written request for an extension prior to expiration of the initial time limit specified in the permit. Your request must identify the requested extension date. The Department shall extend the time limit for an individual permit or contract for no longer than an additional 5 years if you request the extension before the initial time limit expires. You may not begin or continue construction after the original permit expiration date unless the Department extends the permit in writing or grants a new permit.

3. This permit does not authorize any work other than what you specifically describe in your application and plans, and as modified by the conditions of this permit. If you wish to alter the project or permit conditions, you must first obtain written approval of the Department.

4. Before you start your project, you must first obtain any permit or approval that may be required for your project by local zoning ordinances and by the U.S. Army Corps of Engineers. You are responsible for contacting these local and federal authorities to determine if they require permits or approvals for your project. These local and federal authorities are responsible for determining if your project complies with their requirements.

5. Upon reasonable notice, you shall allow access to your project site during reasonable hours to any

Department employee who is investigating the project's construction, operation, maintenance or permit compliance.

6. The Department may modify or revoke this permit for good cause, including if the project is not completed according to the terms of the permit or if the Department determines the activity is detrimental to the public interest.

7. You must post a copy of this permit at a conspicuous location on the project site, visible from the waterway, for at least five days prior to construction, and remaining at least five days after construction. You must also have a copy of the permit and approved plan available at the project site at all times until the project is complete.

8. Your acceptance of this permit and efforts to begin work on this project signify that you have read, understood and agreed to follow all conditions of this permit.

9. You must submit a series of photographs to the Department, within one week of completing work on the site.

The photographs must be taken from different vantage points and depict all work authorized by this permit.

10. You, your agent, and any involved contractors or consultants may be considered a party to the violation pursuant to Section 30.292, Wis. Stats., for any violations of Chapter 30, Wisconsin Statutes, or this permit.

11. Construction shall be accomplished in such a manner as to minimize erosion and siltation into surface waters. Erosion control measures (such as silt fence and straw bales) must meet or exceed the technical standards of ch. NR 151, Wis. Adm. Code. The technical standards are found at:

http://dnr.wi.gov/topic/stormwater/standards/const_standards.html .

12. All equipment used for the project including but not limited to tracked vehicles, barges, boats, hoses, sheet pile and pumps shall be de-contaminated for invasive and exotic viruses and species prior to use and after use.

The following steps must be taken every time you move your equipment to avoid transporting invasive and exotic viruses and species. To the extent practicable, equipment and gear used on infested waters shall not be used on other non-infested waters.

1. Inspect and remove aquatic plants, animals, and mud from your equipment.

2. Drain all water from your equipment that comes in contact with infested waters, including but not limited to tracked vehicles, barges, boats, hoses, sheet pile and pumps.

3. Dispose of aquatic plants, animals in the trash. Never release or transfer aquatic plants, animals or water from one waterbody to another.

4. Wash your equipment with hot (>140º F) and/or high pressure water,

- OR -

Allow your equipment to dry thoroughly for 5 days.

13. No in-water work can take place annually between March 15 or “ice-out”, whichever is earlier and July 1 to protect fish spawning, movement, and egg incubation periods.

FINDINGS OF FACT

1. Rachel Robins, 231 South LaSalle Street, Chicago, IL 60604, filed an application with this Department on

12/22/2021, under section 30.208, and 30.102(3m), Wisconsin Statutes, to place riprap on Lake Michigan located in the SE 1/4, SE 1/4, Sec. 28, T. 11, R. 22E, City of Port Washington, Ozaukee County.

2. The applicant proposes to place 8,000 tons of armor stone along the existing breakwater to assist with repair work.

3. The Department has completed an investigation of the project site and has evaluated the project as described in the application and plans.

4. Lake Michigan is a navigable water (and no bulkhead exists at the project site.)

5. The proposed project, if constructed in accordance with this permit will not adversely affect water quality, will not increase water pollution in surface waters and will not cause environmental pollution as defined in s.

283.01(6m), Wis. Stats.

6. The proposed project will not impact wetlands if constructed in accordance with this permit.

7. The Department of Natural Resources has determined that the agency’s review of the proposed project constitutes an integrated analysis action under s. NR 150.20(2), Wis. Adm. Code. The Department has considered the impacts on the human environment, alternatives to the proposed projects and has provided opportunities for public disclosure and comment. The Department has completed all procedural requirements of s. 1.11(2)(c), Wis. Stats., and NR 150, Wis. Adm. Code for this project.

8. The Department of Natural Resources has completed all procedural requirements and the project as permitted will comply with all applicable requirements of Sections 30.208, 30.12(3m) Wisconsin Statutes and

Chapters NR 102, 103 of the Wisconsin Administrative Code.

The applicant was responsible for fulfilling the procedural requirements for publication of notices under s.

30.208(5)(c)1m., Stats., and was responsible for publication of the notice of pending application under s.30.208(3)(a), Stats. or the notice of public informational hearing under s.30.208(3)(c), Stats., or both. S.

30.208(3)(e), Stats., provides that if no public hearing is held, the Department must issue its decision within

30 days of the 30-day public comment period, and if a public hearing is held, the Department must issue its decision within 20 days after the 10-day period for public comment after the public hearing. S.

30.208(5)(bm), Stats., requires the Department to consider the date on which the department publishes a notice on its web site as the date of notice.

9. The structure or deposit will not materially obstruct navigation because the breakwater will not enclose any part of the waterway, will be placed along the existing breakwater.

10. The structure or deposit will not be detrimental to the public interest because the project will be installed in accordance with permit conditions and riprap will be placed at a 2:1 (H:V) slope to alleviate high near shore energy and provide ingress and egress.

11. The structure or deposit will not materially reduce the flood flow capacity of the navigable waterbody because the breakwater does not block any intermittent stream or stream from entering Lake Michigan.

CONCLUSIONS OF LAW

1. The Department has authority under the above indicated Statutes and Administrative Codes, to issue a permit for the construction and maintenance of this project.

2. The Department has complied with s. 1.11, Wis. Stats.

NOTICE OF APPEAL RIGHTS

If you believe that you have a right to challenge this decision, you should know that the Wisconsin statutes and administrative rules establish time periods within which requests to review Department decisions shall be filed. For judicial review of a decision pursuant to sections 227.52 and 227.53, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to file your petition with the appropriate circuit court and serve the petition on the Department. Such a petition for judicial review shall name the Department of Natural Resources as the respondent.

To request a contested case hearing of any individual permit decision pursuant to section 30.209, Wis. Stats., you have 30 days after the decision is mailed, or otherwise served by the Department, to serve a petition for hearing on the Secretary of the Department of Natural Resources, P.O. Box 7921, Madison, WI, 53707-7921. The petition shall be in writing, shall be dated and signed by the petitioner, and shall include as an attachment a copy of the decision for which administrative review is sought. If you are not the applicant, you must simultaneously provide a copy of the petition to the applicant. If you wish to request a stay of the project, you must provide information, as outlined below, to show that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment. If you are not the permit applicant, you must provide a copy of the petition to the permit applicant at the same time that you serve the petition on the Department.

The filing of a request for a contested case hearing is not a prerequisite for judicial review and does not extend the 30 day period for filing a petition for judicial review.

A request for contested case hearing must meet the requirements of section 30.209, Wis. Stats., and sections NR

2.03, 2.05, and 310.18, Wis. Admin. Code, and if the petitioner is not the applicant the petition must include the following information:

1. A description of the objection that is sufficiently specific to allow the department to determine which provisions of this section may be violated if the proposed permit or contract is allowed to proceed.

2. A description of the facts supporting the petition that is sufficiently specific to determine how the petitioner believes the project, as proposed, may result in a violation of Chapter 30, Wis. Stats;.

3. A commitment by the petitioner to appear at the administrative hearing and present information supporting the petitioner’s objection.

If the petition contains a request for a stay of the project, the petition must also include information showing that a stay is necessary to prevent significant adverse impacts or irreversible harm to the environment.

Dated at the Northeast Region Headquarters, Wisconsin on 04/06/2022.

STATE OF WISCONSIN DEPARTMENT OF NATURAL RESOURCES

For the Secretary

By:

Sarah Szabo

Water Management Specialist