Amend-0003_W9126G-16-B-0009.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

PROJECT: Corpus Christi Ship Channel, Texas, Inner Basin To Viola Turning Basin, And Laquinta Channel, In Nueces County, Texas-Pipeline Dredging (Deep Channel) Unrestricted Procurement. See attached pages.

1. CONTRACT ID CODE PAGE OF PAGES

J 1

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

16C. DATE SIGNED

BY

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 W9126G-16-B-0009

X 9B. DATED (SEE ITEM 11)

12-May-2016

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, 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

13-Jun-2016

CODE

US ARMY CORPS OF ENGINEERS FORT WORTH

2000 FORT POINT ROAD

GALVESTON TX 77550-1229

W9126G 7. ADMINISTERED BY (If other than item 6)

4. REQUISITION/PURCHASE REQ. NO.

CODE

See Item 6

FACILITY CODECODE

EMAIL:TEL:

M3ODXMAN

Text Box

M3ODXMAN

Text Box X

W9126G-16-B-0009

A0003-2

SECTION SF 30 BLOCK 14 CONTINUATION PAGE

SUMMARY OF CHANGES

1. The specifications for Solicitation No. W9126G-16-B-0009, Corpus Christi Ship Channel, Texas, Inner Basin to Viola Turning Basin, and La Quinta Channel, in Nueces County, Texas, Pipeline Dredging, are hereby amended as follows:

THE BID OPENING DATE OF 23 JUNE 2016 IS NOT CHANGED, THE TIME FOR THE

BID OPENING HAS BEEN CHANGED TO 2:30 (CT).

a) Specifications.

(1) SECTION 00 11 00.00 45, BID SCHEDULE – The enclosed SECTION 00 11 00.00 45, entitled BID SCHEDULE, supersedes that issued with this Solicitation.

(2) SECTION 01 10 00.01 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

– The enclosed SECTION 01 10 00.01 45, entitled NON-REGULATED SPECIAL CONTRACT REQUIREMENTS, supersedes that issued with this Solicitation.

(3) SECTION 01 57 20.00 45, ENVIRONMENTAL PROTECTION – The enclosed SECTION 01 57 20.00 10, entitled ENVIRONMENTAL PROTECTION, supersedes that issued with this Solicitation.

(4) SECTION 01 57 24.00 45, STORMWATER POLLUTION PREVENTION PLAN – the enclosed SECTION 01 57 24.01 45, entitled STORMWATER POLLUTION PREVENTION PLAN is in addition to those issued with this Solicitation

(5) SECTION 01 57 23.00 45, TEMPORARY STORM WATER POLLUTION CONTROL – The enclosed SECTION 01 57 23, entitled TEMPORARY STORM WATER POLLUTION CONTROL, is in addition to those issued with this Solicitation.

(6) SECTION 31 00 00, EARTHWORK FOR DITCH RELOCATION – The enclosed SECTION 31 00 00, entitled EARTHWORK FOR DITCH RELOCATION supersedes that issued with this Solicitation.

b) Drawings.

(1) DRAWING NO. 100 - The enclosed Drawing No. 100, is in addition to those issued with this Solicitation.

2. This amendment shall be attached to and become a part of the solicitation.

7 Encls:

1. SECTION 00 11 00.00 45, BID SCHEDULE

2. SECTION 01 10 00.01 45, NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

3. SECTION 01 57 20.00 10, ENVIRONMENTAL PROTECTION

4. SECTION 01 57 24.01 45, STORMWATER POLLUTION PREVENTION PLAN

5. SECTION 01 57 23, TEMPORARY STORM WATER POLLUTION CONTROL

W9126G-16-B-0009

A0003-3

6. SECTION 31 00 00, EARTHWORK FOR DITCH RELOCATION

7. DRAWING NO. 100

SWG FILE NO.:NUECES 803-350 SOLICITATION NO.:W9126G-16-B-0009

SECTION TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

SECTION 00 11 00.00 45

BID SCHEDULE

PART 1 GENERAL

1.1 BID SCHEDULE

1.1.1 Schedule No. 1

1.1.2 Option No. 1

1.1.3 Option No. 2

1.1.4 Option No. 3

1.1.5 Option No. 4

1.1.6 Option No. 5

1.1.7 Option No. 6

1.1.8 Option No.7

1.1.9 Option No. 8

1.1.10 Option No. 9

1.1.11 Option No. 10

1.1.12 Option No.11

1.1.13 Option No. 12

1.1.14 Option No. 13

1.2 MODIFICATIONS (CESWG)

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

-- End of Section Table of Contents --

DOCUMENT 00 11 00.00 45 Page 1

(TO ACCOMPANY AMENDMENT NO. 0003 TO SOLICITATION NO. W9126G-16-B-0009)

SECTION 00 11 00.00 45

BID SCHEDULE

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 BID SCHEDULE

BID SCHEDULE

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.1 Schedule No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

SCHEDULE NO. 1

0001 Mobilization and Demobilization

1 JOB SUM $___________

0002 Pipeline Management 1 JOB SUM $___________

0003 Dredging CCSC/La Quinta Channel

2,300,000 C.Y. $_________ $___________

TOTAL SCHEDULE NO. 1 $___________

DOCUMENT 00 11 00.00 45 Page 2

BID SCHEDULE (CONT'D)

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.2 Option No. 1

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 1

0004 Dredging

CCSC 290,000 C.Y. $_________ $___________

TOTAL OPTION NO. 1 $___________

TOTAL SCHEDULE NO. 1 AND OPTION NO. 1 $___________

NOTE: The Government may exercise Option No. 1 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

1 is contingent upon the availability of funds. Additional time of 30 calendar days will be added to this Contract for completion of Option No. 1.

DOCUMENT 00 11 00.00 45 Page 3

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.3 Option No. 2

Item No. Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 2

0005 Dredging CCSC/La Quinta Junction 981,000 C.Y. $_________ $___________

TOTAL OPTION NO. 2 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1 AND 2 $___________

NOTE: The Government may exercise Option No. 2 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

2 is contingent upon availability of funds. Additional time of 90 calendar days will be added to this Contract for completion of Option No. 2.

DOCUMENT 00 11 00.00 45 Page 4

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.4 Option No. 3

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 3

0006 Dredging Rincon Channel

262,000 C.Y. $_________ $___________

TOTAL OPTION NO. 3 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, AND 3 $___________

NOTE: The Government may exercise Option No. 3 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

3 is contingent upon availability of funds. Additional time of 30 calendar days will be added to this Contract for completion of Option No. 3.

DOCUMENT 00 11 00.00 45 Page 5

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.5 Option No. 4

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 4

0007 Dredging POCCA Cargo Dock No. 9 1 JOB SUM $___________

TOTAL OPTION NO. 4 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3 AND 4 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 6

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.6 Option No. 5

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO.5

0008 Dredging POCCA Oil Dock No. 1 1 JOB SUM $___________

TOTAL OPTION NO. 5 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4 AND 5 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 7

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.7 Option No. 6

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 6

0009 Dredging POCCA Oil Dock No. 2 1 JOB SUM $___________

TOTAL OPTION NO. 6 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5

AND 6 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 8

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.8 Option No.7

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 7

0010 Dredging POCCA Cargo Dock No. 8 1 JOB SUM $___________

TOTAL OPTION NO. 7 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6 AND 7 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 9

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.9 Option No. 8

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 8

0011 Dredging POCCA Oil Dock No. 4 1 JOB SUM $___________

TOTAL OPTION NO. 8 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7 AND 8 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 10

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.10 Option No. 9

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 9

0012 Dredging POCCA Oil Dock No. 7 1 JOB SUM $___________

TOTAL OPTION NO. 10 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7, 8, AND 9 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 11

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.11 Option No. 10

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 10

0013 Dredging POCCA Oil Dock No. 11 1 JOB SUM $___________

TOTAL OPTION NO. 10 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7, 8, 9 AND 10 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 12

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.12 Option No.11

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 11

0014 Dredging POCCA Bulk Material Dock No. 2

1 JOB SUM $___________

TOTAL OPTION NO.11 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7, 8, 9, 10 AND 11 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 13

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.13 Option No. 12

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 12

0015 Dredging POCCA Oil Dock No. 8 1 JOB SUM $___________

TOTAL OPTION NO.12 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7, 8, 9, 10, 11 AND 12 $___________

NOTE: The Government may exercise Options No. 4 through No. 12 by written notice to the Contractor, singly or in combination, at any time prior to completion of all authorized work. Award of Options No. 4 through No. 12 is contingent upon availability of funds. Additional time of 25 calendar days will be added to this Contract for completion of Options No. 4 through No. 12 whether options are awarded singly or in combination.

DOCUMENT 00 11 00.00 45 Page 14

(TO BE ATTACHED TO STANDARD FORM 1442)

1.1.14 Option No. 13

Item No.

Description Estimated Quantity

Unit Unit Price Estimated Amount

OPTION NO. 13

0016 Precast Concrete Box Drainage Features

1 JOB SUM $___________

0017 Articulated Concrete Block Mats(ACBM)

18,900 S.F. $___________ $___________

0018 Earthwork for Ditch Relocation 1,300 L.F. $___________ $___________

0019 Suntide Outfall Rehabilitation 1 JOB SUM $___________

TOTAL OPTION NO.13 $___________

TOTAL SCHEDULE NO. 1 AND OPTIONS NOS. 1, 2, 3, 4, 5,

6, 7, 8, 9, 10, 11, 12 and 13 $___________

NOTE: The Government may exercise Option No. 13 by written notice to the Contractor prior to completion of all authorized work. Award of Option No.

13 is contingent upon availability of funds. Additional time of 50 calendar days will be added to this Contract for completion of Option No.

13.

DOCUMENT 00 11 00.00 45 Page 15

(TO BE ATTACHED TO STANDARD FORM 1442)

1.2 MODIFICATIONS (CESWG)

If a modification to a bid based on unit prices is submitted, which provides for a lump sum adjustment to the total estimated cost, the application of the lump sum adjustment of each unit price in the bid schedule must be stated. If it is not stated, the bidder agrees that the lump sum adjustment shall be applied on a pro rata basis to every unit price in the bid schedule.

1.3 EVALUATION OF OPTIONS (July 1990) (FAR 52.217-5)

Except when it is determined in accordance with FAR 17.206(b) not to be in the Government's best interests, the Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. Evaluation of options will not obligate the Government to exercise the option(s).

-- End of Document --

DOCUMENT 00 11 00.00 45 Page 16

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

PART 1 GENERAL

1.1 As-built Drawings for Option No. 13

1.2 SIGNAL LIGHTS (CESWG)

1.3 INSPECTION (CESWG)

1.3.1 Equipment

1.3.2 Transportation

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

1.4.1 Acceptance

1.5 SHOALS(CESWG)

1.6 UNANTICIPATED SHOALING

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

1.8 QUANTITY SURVEYS (CESWG)

1.8.1 General

1.8.2 Dredging Sections

1.8.3 Submittals

1.9 QUANTITY OVERRUNS (CESWG)

1.9.1 Estimated Quantities

1.9.2 Modification

1.9.3 Notice and Potential Corrective Action

1.10 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER

415-1-15)

1.10.1 General

1.10.1.1 Unusually Severe Weather

1.10.1.2 Completion Delay

1.10.2 Baseline for Monthly Weather Time Evaluations

1.10.3 Record

1.11 LAYOUT OF WORK (CESWG)

1.12 DAMAGE TO WORK (CESWG)

1.13 CONTINUITY OF WORK (CESWG)

1.14 CERTIFICATES OF COMPLIANCE (CESWG)

1.15 ENVIRONMENTAL LITIGATION (CESWG)

1.15.1 Definition

1.16 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.16.1 Act

1.16.2 Discovery

1.16.3 Notification of Discovery

1.16.4 No Activity After Discovery

1.17 CONTRACTING OFFICER SIGNATURE (CESWG)

1.18 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

1.19 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

1.20 VEHICLE INSURANCE (CESWG)

1.21 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

1.21.1 Allowable Cost

1.21.2 Equipment Rental Costs

1.21.3 Actual Equipment Costs

1.22 COORDINATION MEETINGS (CESWG)

1.23 (AM#3)RAILROAD PROTECTIVE LIABILITY INSURANCE

SECTION 01 10 00.01 45 Page 1

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section Table of Contents --

SECTION 01 10 00.01 45 Page 2

SECTION 01 10 00.01 45

NON-REGULATED SPECIAL CONTRACT REQUIREMENTS

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 As-built Drawings for Option No. 13

The Contractor shall commence work on final as-built drawings upon receipt of the approved preliminary drawings and the drawing files in electronic format. As-built drawings shall be in accordance with the SECTION

01 78 00.00 45 CLOSEOUT SUBMITTALS.

1.2 SIGNAL LIGHTS (CESWG)

The Contractor shall display signal lights and conduct its operations in accordance with the General Regulations of the Department of the Army and of the U.S. Coast Guard governing the:

i) lights and day signals to be displayed by towing vessels with tows on which no signals can be displayed, vessels working on wrecks, dredges, and vessels engaged in laying cables or pipe or in submarine or bank protection operations;

ii) lights to be displayed on dredge pipe lines;

iii) day signals to be displayed by vessels of more than 65 feet in length moored or anchored in a fairway or channel; and

iv) passing by other vessels of floating plant working in navigable channels;

as set forth in Commandant U.S. Coast Guard Instruction M16672.2, Navigation Rules: International - Inland (COMDTINST M16672.2) or 33 CFR 81 Appendix A (International) and 33 CFR 84 through 33 CFR 89 (Inland) as applicable.

1.3 INSPECTION (CESWG)

The Government will supervise the maintenance of the gages, ranges, location marks, and limit marks in proper order and position; but the presence of the inspector shall not relieve the Contractor of responsibility for the proper execution of the work in accordance with the specifications. The Contractor shall be required to furnish the following items.

1.3.1 Equipment

At the request of the Government, the Contractor shall furnish the use of boats, boatmen, laborers, and material forming a part of the ordinary and usual equipment and crew of the dredging plant as may be reasonably necessary in inspecting and supervising the work. However, the Contractor will not be required to furnish facilities for the surveys, specified in the Paragraph: FINAL EXAMINATION AND ACCEPTANCE.

SECTION 01 10 00.01 45 Page 3

1.3.2 Transportation

At the request of the Government, the Contractor shall furnish suitable transportation from all points on shore designated by the Contracting Officer to and from the various pieces of plant, and to and from the Placement Areas. If the Contractor refuses, neglects, or delays compliance with these requirements, the specific facilities may be furnished and maintained by the Contracting Officer, and the cost thereof will be deducted from the amounts due or to become due the Contractor.

1.4 FINAL EXAMINATION AND ACCEPTANCE (CESWG)

As soon as practicable after the completion of the entire work or any section thereof, if the work is divided into sections and in the opinion of the Contracting Officer will not be subject to damage by further operations under this Contract, this work will be thoroughly examined at the expense of the Government by sounding or by sweeping, or both, as directed. If shoals, lumps, or other lack of Contract depth are disclosed by this examination, the Contractor will be required to remove same by dragging the bottom or by dredging at the Contract rate for dredging but, if the bottom is soft and the shoal areas are small and form no material obstruction to navigation, the removal of the shoal may be waived at the discretion of the Contracting Officer. The Contractor or its authorized representative will be notified when soundings or sweepings are to be made and will be permitted to accompany the survey party. When the area is found to be in a satisfactory condition it will be accepted finally. If more than two sounding or sweeping operations by the Government over an area are necessary, by reason of work for the removal of shoals disclosed at a prior sounding or sweeping, the cost of the third and any subsequent sounding or sweeping operations will be charged against the Contractor at the rate of $5,263.00 per day for each day in which the Government plant is engaged in sounding or sweeping or is enroute to or from the site or held at or near the site for these operations.

1.4.1 Acceptance

Final acceptance of the whole or a part of the work and the deductions or corrections of deductions made thereon will not be reopened after having once been made, except on evidence of collusion, fraud, or obvious error, and the acceptance of a completed section shall not change the time of payment of the retained percentages of the whole or any part of the work.

1.5 SHOALS(CESWG)

If, before this Contract is completed, shoals occur in a section previously accepted, redredging at the Contract price, within the limit of available funds, may be done if agreeable to both the Contractor and the Contracting Officer.

1.6 UNANTICIPATED SHOALING

During the course of this contract, unanticipated dredging requirements may develop that require the use of the contractor and contractor's plant. The dredging required would be similar in scope to that required under the current contract and could include federal channels no further east/north than Freeport, TX or west/south of the Brazos Island Harbor Channel.

Dredging would consist of limited portions of a section of channel, intended to remove critical shoals hindering commercial navigation. If such a need arises, the Contracting Officer may issue a Request for

SECTION 01 10 00.01 45 Page 4

Proposal for the work under the Contract Clause entitled Changes, and the work performed upon the execution of a bilateral contract modification.

1.7 VARIATIONS IN ESTIMATED QUANTITIES - DREDGING (CESWG)

Where the quantity of a pay item in this Contract is an estimated quantity and where the actual quantity of material within the required dredging prism varies, an equitable adjustment will be processed in accordance with FAR 52.211-18, Variation in Estimated Quantity (April 1984).

If the total quantity of material to be paid for and actually removed under this Contract exceeds the limit established by FAR 52.211-18, Variation in Estimated Quantity (April 1984), an additional time will be allowed at the rate of 1 calendar day for each 20,000 cubic yards in excess of the established limit. The Contractor shall not exceed the estimated quantities in the Contract Line Items without prior authorization and only with a signed modification issued by the Contracting Officer as specified in the Paragraph: QUANTITY OVERRUNS below.

1.8 QUANTITY SURVEYS (CESWG)

1.8.1 General

Quantity surveys shall be conducted, and the data derived from these surveys shall be used in computing the quantities of work performed and the actual construction completed and in place.

1.8.2 Dredging Sections

The Government will conduct the original and final surveys and make the computations based on them. The Contractor shall conduct the surveys for the periods when progress payments are requested and shall make the computations based on these surveys. Surveys conducted by the Contractor shall be conducted under the direction of the Contracting Officer, unless the Contracting Officer waives this requirement in a specific instance.

1.8.3 Submittals

Promptly upon completing a survey, the Contractor shall submit the originals of every field note and other record relating to the survey or to the layout of the work in accordance with the SECTION 01 33 00 SUBMITTAL PROCEDURES. The Contracting Officer will use them as necessary to determine the amount of progress payments. The Contractor shall retain copies of submitted material.

1.9 QUANTITY OVERRUNS (CESWG)

This provision pertains to items in the Bid Schedule which are unit-priced. The Contractor is cautioned that funding on this Contract is based on the quantities shown in the Bid Schedule. Therefore, the Contractor shall not exceed the estimated quantities in the Contract bid line items without prior specific authorization, and only with a signed modification issued by the Contracting Officer. The Contractor will specifically notify the Contracting Officer, in writing, once the Contractor reaches approximately 75 percent of the quantities specified in the Contract Line Items. This notification will be separate and in addition to other reporting required elsewhere in this Contract. It is preferred that the Contractor notify the Government as soon as it recognizes that the estimated quantities are not sufficient to complete the

SECTION 01 10 00.01 45 Page 5 work indicated and specified.

1.9.1 Estimated Quantities

If the Contractor exceeds the estimated quantities without a signed modification in place, it will be considered unauthorized work for which the Contractor may not be reimbursed. Once the potential quantity overrun is identified, the Contracting Officer may, among other choices, provide additional funds (if available) to complete the work and equitably adjust the quantities in the Contract Line Item, modify the work to fit within the estimated quantities, consider the Contract complete once the contractually indicated quantities have been reached or terminate the Contract for the convenience of the Government.

1.9.2 Modification

Directions will be addressed through a formal Contract modification and no work in excess of the contractually-indicated quantities shall be performed without an official modification.

1.9.3 Notice and Potential Corrective Action

This provision shall not be interpreted as an order for the Contractor to stop work upon reaching 75 percent of the estimated quantities, it merely requires notice and potential corrective action at that point. However, absent further specific direction, the Contractor shall be prepared to stop work on any CLIN at no additional cost to the Government once 100 percent of the line item quantity has been obtained.

1.10 TIME EXTENSIONS FOR UNUSUALLY SEVERE WEATHER (31 OCT 1989)(ER 415-1-15)

1.10.1 General

This provision specifies the procedure for determination of time extensions for unusually severe weather in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED-PRICE CONSTRUCTION). For the Contracting Officer to award a time extension under this CLAUSE, the following conditions shall be satisfied.

1.10.1.1 Unusually Severe Weather

The weather experienced at the project site during the Contract period must be found to be unusually severe, that is, more severe than the adverse weather anticipated for the project location during any given month.

1.10.1.2 Completion Delay

The unusually severe weather must actually cause a delay to the completion of the project. The delay must be beyond the control and without the fault or negligence of the Contractor.

1.10.2 Baseline for Monthly Weather Time Evaluations

The following schedule of monthly anticipated adverse weather delays is based on National Oceanic and Atmospheric Administration (NOAA) or similar data for the project location and will constitute the base line for monthly weather time evaluations. The Contractor's progress schedule must reflect

SECTION 01 10 00.01 45 Page 6 these anticipated adverse weather delays in all weather dependent activities.

MONTHLY ANTICIPATED ADVERSE WEATHER DELAY

WORK DAYS BASED ON 7 DAY WORK WEEK

JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC

8 5 4 4 5 7 5 7 9 7 6 7

1.10.3 Record

Upon acknowledgment of the Notice to Proceed (NTP) and continuing throughout the Contract, the Contractor will record on the daily Contractor Quality Control (CQC) report, the occurrence of adverse weather and resultant impact to normally scheduled work. Actual adverse weather delay days must prevent work on critical activities for 50 percent or more of the Contractor's scheduled work day. The number of actual adverse weather delay days shall include days impacted by actual adverse weather (even if adverse weather occurred in previous month), be calculated chronologically from the first to the last day of each month, and be recorded as full days.

If the number of actual adverse weather delay days exceeds the number of days anticipated in Subparagraph: Baseline for Monthly Weather Time Evaluations above, the Contracting Officer will convert any qualifying delays to calendar days, giving full consideration for equivalent fair weather work days, and issue a modification in accordance with the CONTRACT CLAUSE entitled DEFAULT (FIXED PRICE CONSTRUCTION).

1.11 LAYOUT OF WORK (CESWG)

The Contractor shall lay out its work from Government-established ranges and gages shown, and shall be responsible for the measurements in connection therewith. The Contractor shall furnish, at its expense, stakes, templates, platforms, equipment, range markers, and labor as may be required to lay out any part of the work from the ranges and gages established by the Government. The Contractor shall be responsible for executing the work to the lines and grades that may be established or indicated by the Contracting Officer. The Contractor shall also be responsible for maintaining and preserving the stakes and other markers established by the Contracting Officer until authorized to remove them. If these markers are destroyed by the Contractor or through its negligence before their removal is authorized, they may be replaced by the discretion of the Contracting Officer. The expense of replacement will be deducted from the amounts due or to become due, to the Contractor.

1.12 DAMAGE TO WORK (CESWG)

The responsibility for damage to any part of the permanent work shall be as set forth in the CONTRACT CLAUSE entitled PERMITS AND RESPONSIBILITIES.

However, if in the judgment of the Contracting Officer, any part of the permanent work performed by the Contractor is damaged by flood, earthquake, hurricane or tornado, which damage is not due to the failure of the Contractor to take reasonable precautions or to exercise sound engineering and construction practices in the conduct of the work, the Contractor will make the repairs as ordered by the Contracting Officer and full compensation for these repairs will be made at the applicable Contract unit or lump sum prices as fixed and established in this Contract. If, in the opinion of the Contracting Officer, there are no Contract unit or lump sum

SECTION 01 10 00.01 45 Page 7 prices applicable to any part of this work an equitable adjustment pursuant to the CONTRACT CLAUSE entitled CHANGES of the Contract, will be made as full compensation for the repairs of that part of the permanent work for which there are no applicable Contract unit or lump sum prices. Except as herein provided, damage to work, including temporary construction;

utilities; materials; equipment; and plant shall be repaired to the satisfaction of the Contracting Officer at the Contractor's expense regardless of the cause of this damage.

1.13 CONTINUITY OF WORK (CESWG)

No payment will be made for work done in an area designated by the Contracting Officer until the full depth required under this Contract is secured in the whole of this area, unless prevented by ledge rock, nor will payment be made for excavation in an area not adjacent to and in prolongation of areas where full depth has been secured except by decision of the Contracting Officer. If a non-adjacent area is excavated to full depth during the operations carried on under this Contract, payment for the work therein may be deferred until the required depth has been reached in the area intervening.

1.14 CERTIFICATES OF COMPLIANCE (CESWG)

Certificates required for demonstrating proof of compliance of materials with specification requirements shall be executed in three copies. Each certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and address of the Contractor, the project name and location, and the quantity and date or dates of shipment or delivery to which the certificates apply. Copies of laboratory test reports submitted with certificates shall contain the name and address of the testing laboratory and the date or dates of the tests to which the report applies. Certification shall not be construed as relieving the Contractor from furnishing satisfactory material, if after tests are performed on selected samples, the material is found not to meet the specific requirements.

1.15 ENVIRONMENTAL LITIGATION (CESWG)

If the performance of all or any part of the work is suspended, delayed, or interrupted due to an order of a court of competent jurisdiction as a result of environmental litigation, as defined below, the Contracting Officer, at the request of the Contractor, shall determine if the order is due in any part to the acts or omissions of the Contractor or a subcontractor at any tier not required by the terms of this Contract. If it is determined that the order is not due in any part to acts or omissions of the Contractor or a subcontractor at any tier other than as required by the terms of this Contract, the suspension, delay, or interruption shall be considered as if ordered by the Contracting Officer in the administration of this Contract under the terms of the CONTRACT CLAUSE entitled SUSPENSION OF WORK. The period of this suspension, delay or interruption shall be considered unreasonable, and an adjustment shall be made for an increase in the cost of performance of this Contract (excluding profit) as provided in this CLAUSE, subject to all the provisions thereof.

1.15.1 Definition

The term "environmental litigation," as used herein, means a lawsuit alleging that the work will have an adverse effect on the environment or that the Government has not duly considered, either substantively or

SECTION 01 10 00.01 45 Page 8 procedurally, the effect of the work on the environment.

1.16 NATIVE AMERICAN GRAVES PROTECTION (CESWG)

1.16.1 Act

The Native American Graves Protection and Repatriation Act, hereinafter referred to as "the Act," enacted November 16, 1990, (Public Law 101-601, 25 U.S. Code) is applicable to this Contract.

1.16.2 Discovery

The Contractor may discover Native American human remains and objects, as defined in the Act, during Contract execution. If there is a discovery the Contractor shall immediately cease activity in the area of the discovery and shall immediately notify the Contracting Officer to protect the items discovered in accordance with the Act and before resuming this activity.

Fines and penalties for illegal trafficking in Native American human remains and cultural items are as defined in the Act.

1.16.3 Notification of Discovery

Upon receipt of notification of the discovery, the Contracting Officer will notify the appropriate authorities as required by the Act. The cessation of the activity in the area shall be for a minimum period of 30 days after the Contracting Officer has received certification of receipt of notification from the appropriate authorities, in accordance with the Act.

1.16.4 No Activity After Discovery

The Contractor shall not resume the activity in the area of the discovery until the Contracting Officer has given the Contractor notice that the Contractor may resume the activity.

1.17 CONTRACTING OFFICER SIGNATURE (CESWG)

The Contracting Officer signing this Contract is the Procuring Contracting Officer on this Contract. However, a Contracting Officer that is assigned to the Galveston or Fort Worth District and acting within its authority may take formal action on this Contract when a Contract action needs to be taken and the primary Contracting Officer is away from the office.

1.18 TRADE NAMES AND PROPRIETARY ITEMS (CESWG)

The use of trade names or proprietary items is only for specified materials or equipment generally known to and used by the industry that meets minimum requirements in terms of physical characteristics, chemical composition, laboratory test results performance in actual use, or a combination of these as applicable. Other trade names or proprietary items may be substituted if approved equal.

1.19 HARBOR MAINTENANCE FEE (1 SEP 1995)(EAL 88-1)

Offerors contemplating use of U.S. ports in the performance of this Contract are subject to paying a harbor maintenance fee on cargo. Federal law establishes an ad valorem port use fee on commercial cargo imported into or exported from various U.S. ports. The fee is 0.125 percent (.00125). Cargo to be used in performing work under Contracts with the U.S. Government is not exempt from the fee, although certain exemptions do

SECTION 01 10 00.01 45 Page 9 exist. Offerors are responsible for ensuring that the applicable fee and associated costs are taken into consideration in the preparation of their offers. Failure to pay the harbor maintenance fee may result in assessment of penalties by the U.S. Customs and Border Protection.

The statute is at Title 26 U.S. Code sections 4461 and 4462. Department of Treasury U.S. Customs and Border Protection regulations implementing the statute, including a list of ports subject to the fee, are found at 19 CFR Section 24.24, Harbor Maintenance Fee. Additional information may be obtained from local U.S. Customs and Border Protection offices or by writing to the Director, Budget Division, Office of Finance, Room 6328, U.S. Customs and Border Protection, 1301 Constitution Avenue, N.W., Washington, D.C. 20229.

1.20 VEHICLE INSURANCE (CESWG)

The Contractor's employees who drive vehicles on the site shall maintain proof of vehicle insurance.

1.21 EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE (CESWG)

This Paragraph does not apply to terminations. See UAI 52.249-5000, Basis for settlement of proposals and FAR PART 49.

1.21.1 Allowable Cost

Allowable cost for construction and marine plant and equipment in sound workable condition owned or controlled and furnished by a Contractor or subcontractor at any tier shall be based on actual cost data for each piece of equipment or groups of similar serial and series for which the Government can determine both ownership and operating costs from the Contractor's accounting records. When both ownership and operating costs cannot be determined for any piece of equipment or groups of similar serial or series equipment from the Contractor's accounting records, costs for that equipment shall be based upon the applicable provisions of EP 1110-1-8, Construction Equipment Ownership and Operating Expense Schedule, Region VI. Working conditions shall be considered to be average for determining equipment rates using the schedule unless specified otherwise by the Contracting Officer. For equipment not included in the schedule, rates for comparable pieces of equipment may be used or a rate may be developed using the formula provided in the schedule. For forward pricing, the schedule in effect at the time of negotiations shall apply. For retroactive pricing, the schedule in effect at the time the work was performed shall apply.

1.21.2 Equipment Rental Costs

Equipment rental costs are allowable, subject to the provisions of FAR 31.105(d)(ii) and FAR 31.205-36. Rates for equipment rented from an organization under common control, lease-purchase arrangements, and sale-leaseback arrangements, will be determined using the schedule, except that actual rates will be used for equipment leased from an organization under common control that has an established practice of leasing the same or similar equipment to unaffiliated lessees.

1.21.3 Actual Equipment Costs

When actual equipment costs are proposed and the total amount of the pricing action exceeds the small purchase threshold, the Contracting

SECTION 01 10 00.01 45 Page 10

Officer shall request the Contractor to submit either certified cost or pricing data, or partial and limited data, as appropriate. The data shall be submitted on Standard Form 1411, Contract Pricing Proposal Cover Sheet.

NOTE: A copy of EP 1110-1-8, "CONSTRUCTION EQUIPMENT OWNERSHIP AND OPERATING EXPENSE SCHEDULE," is available at the following website:

http://www.publications.usace.army.mil/Home.aspx. Copies are also available for review upon request from the Corpus Christi Resident Office within the Galveston District. The Pamphlet may be purchased directly from the Government Printing Office by calling (202) 512-1800. The postal address is Government Printing Office, Superintendent of Documents, P.O. Box 371954, Pittsburgh, Pennsylvania 15250-7954. On-line sales are available at U.S. Government Bookstore.

1.22 COORDINATION MEETINGS (CESWG)

The Contractor shall schedule and attend regular coordination meetings with the Government. Schedule and format of meetings to be determined at the Pre-Construction Conference. Contractor is responsible for preparation and dissemination of meeting minutes.

1.23 (AM#3)RAILROAD PROTECTIVE LIABILITY INSURANCE

Railroad Protective Liability coverage is required by the railroad owner, The Port of Corpus Christi Authority, to accomplish Option No. 13 work. The limits of coverage are $1,000,000 per Occurrence, $2,000,000 Aggregate.

This liability insurance covers property damage and bodily injury claims which may occur within 50 feet of rail, during the construction process. A typical general liability policy does not afford that coverage, therefore leaving a gap in protection.

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION (Not Used)

-- End of Section --

SECTION 01 10 00.01 45 Page 11

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION

PART 1 GENERAL

1.1 REFERENCES

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

1.2.2 Environmental Protection

1.2.3 Contractor Generated Hazardous Waste

1.2.4 Land Application for Discharge Water

1.2.5 Pesticide

1.2.6 Pests

1.2.7 Surface Discharge

1.2.8 Waters of the United States

1.2.9 Wetlands

1.3 GENERAL REQUIREMENTS

1.4 SUBCONTRACTORS

1.5 PAYMENT

1.6 SUBMITTALS

1.7 ENVIRONMENTAL PROTECTION PLAN

1.7.1 Compliance

1.7.2 Contents

1.7.3 Appendix

1.8 PROTECTION FEATURES

1.9 SPECIAL ENVIRONMENTAL REQUIREMENTS

1.9.1 Nesting Colonial Water Birds

1.10 ENVIRONMENTAL ASSESSMENT OF CONTRACT DEVIATIONS

1.11 NOTIFICATION

PART 2 PRODUCTS (Not Used)

PART 3 EXECUTION

3.1 ENVIRONMENTAL PERMITS AND COMMITMENTS

3.2 LAND RESOURCES

3.2.1 Work Area Limits

3.2.2 Landscape

3.2.3 Erosion and Sediment Controls

3.2.4 Contractor Facilities and Work Areas

3.2.5 (AM#3)Storm Water Pollution Prevention Plan

3.3 WATER RESOURCES

3.3.1 Cofferdams, Diversions, and Dewatering Operations

3.3.2 Stream Crossings

3.3.3 Wetlands

3.4 AIR RESOURCES

3.4.1 Particulates

3.4.2 Odors

3.4.3 Sound Intrusions

3.4.4 Burning

SECTION 01 57 20.00 45 Page 1

3.5 CHEMICAL MATERIALS MANAGEMENT AND WASTE DISPOSAL

3.5.1 Solid Wastes

3.5.2 Chemicals and Chemical Wastes

3.5.3 Contractor Generated Hazardous Wastes and Excess Hazardous

Materials

3.5.4 Fuel and Lubricants

3.5.5 Waste Water

3.6 RECYCLING AND WASTE MINIMIZATION

3.7 HISTORICAL, ARCHAEOLOGICAL, AND CULTURAL RESOURCES

3.8 BIOLOGICAL RESOURCES

3.9 PREVIOUSLY USED EQUIPMENT

3.10 MAINTENANCE OF POLLUTION FACILITIES

3.10.1 Storm Water Pollution Prevention Plan

3.11 TRAINING OF CONTRACTOR PERSONNEL

3.12 DREDGING

3.12.1 Rules and Regulations

3.12.2 Sanitation

3.12.3 Air Pollutants

3.12.4 Turbidity

3.12.5 Hazardous Materials

3.12.6 Human Life and Property

3.12.7 Flow of Effluent

3.13 DREDGE SPILL CONTINGENCY PLAN FOR CONFINED PLACEMENT AREAS

3.13.1 Placement Area Monitoring

3.13.2 Discharge Material Clean-up

3.13.3 Silt Curtains

3.13.4 Spill

3.14 POST CONSTRUCTION CLEANUP

-- End of Section Table of Contents --

SECTION 01 57 20.00 45 Page 2

SECTION 01 57 20.00 45

ENVIRONMENTAL PROTECTION

AMENDMENT NO. 0003

PART 1 GENERAL

1.1 REFERENCES

The publications listed below form a part of this specification to the extent referenced. The publications are referred to within the text by the basic designation only.

U.S. ARMY CORPS OF ENGINEERS (USACE)

EM 385-1-1 (2014) Safety and Health Requirements Manual

WETLANDS DELINEATION MANUAL (1987) Corps of Engineers Wetlands Delineation Manual

U.S. NATIONAL ARCHIVES AND RECORDS ADMINISTRATION (NARA)

33 CFR 328 Definitions of Waters of the United States

40 CFR 261 Identification and Listing of Hazardous Waste

40 CFR 262 Standards Applicable to Generators of Hazardous Waste

40 CFR 279 Standards for the Management of Used Oil

40 CFR 302 Designation, Reportable Quantities, and Notification

40 CFR 355 Emergency Planning and Notification

40 CFR 68 Chemical Accident Prevention Provisions

49 CFR 171 - 178 Hazardous Materials Regulations

1.2 DEFINITIONS

1.2.1 Environmental Pollution and Damage

Environmental pollution and damage is the presence of chemical, physical, or biological elements or agents which adversely affect human health or welfare; unfavorably alter ecological balances of importance to human life;

affect other species of importance to humankind; or degrade the environment aesthetically, culturally and/or historically.

1.2.2 Environmental Protection

Environmental protection is the prevention/control of pollution and habitat disruption that may occur to the environment during construction. The

SECTION 01 57 20.00 45 Page 3 control of environmental pollution and damage requires consideration of land, water, and air; biological and cultural resources; and includes management of visual aesthetics; noise; solid, chemical, gaseous, and liquid waste; radiant energy; and radioactive material as well as other pollutants.

1.2.3 Contractor Generated Hazardous Waste

Contractor generated hazardous waste means materials that, if abandoned or disposed, may meet the definition of a hazardous waste. These waste streams will typically consist of material brought on-site by the Contractor to execute work, but are not fully consumed during the course of construction. Examples include, but are not limited to excess paint thinners, (i.e. methyl ethyl ketone, toluene etc.), waste thinners, excess paints, excess solvents, waste solvents, and excess pesticides, and contaminated pesticide equipment rinse water.

1.2.4 Land Application for Discharge Water

The term "Land Application" for discharge water implies that the Contractor shall discharge water at a rate which allows the water to percolate into the soil. No sheeting action, soil erosion, discharge into storm sewers, discharge into defined drainage areas, or discharge into the "waters of the United States" shall occur. Land Application shall be in compliance with the applicable Federal, State, and local laws and regulations.

1.2.5 Pesticide

Pesticide is defined as a substance or mixture of substances intended for preventing, destroying, repelling, or mitigating pest, or intended for use as a plant regulator, defoliant or desiccant.

1.2.6 Pests

The term "pests" includes arthropods, birds, rodents, nematodes, fungi, bacteria, viruses, algae, snails, marine borers, snakes, weeds, and other organisms (except for human or animal disease-causing organisms) that adversely affect readiness, military operations, or the well-being of personnel and animals; attack or damage real property, supplies, equipment, or vegetation; or are otherwise undesirable.

1.2.7 Surface Discharge

The term "Surface Discharge" implies that the water is discharged with possible sheeting action and subsequent soil erosion may occur. Waters that are surface discharged may terminate in drainage ditches, storm sewers, creeks, and/or "waters of the United States" and will require a permit to discharge water from the governing agency.

1.2.8 Waters of the United States

All waters which are under the jurisdiction of the Clean Water Act, as defined in NARA 33 CFR 328.

1.2.9…