4-17290 Pond Creek Flood PS - ADDENDUM DOCUMENT No. 3 jdl.pdf

ADDENDUM NO: ___3____

DATED: August 15, 2025

TO THE BID DOCUMENT

FOR

Pond Creek Flood Pump Station Water Line Project

Enclosed is Addendum No. 3 to Contract No. 17290 for Pond Creek Flood Pump Station Water Line Project. This Addendum No. 3 shall be used in submission of bids and made part of the Bid Documents of Contract No. 17290.

Sincerely, John Loechle Engineering Technical Services Director

(Detach Here)

I, _______________________________ of _________________________________________, acknowledge receipt of Addendum No. 3 to Contract No. 17290 for Pond Creek Flood Pump Station Water Line Project.

Signature Date

This receipt shall be signed and returned to MSD with the bid proposals during the bid opening on August 26, 2025. During the bid opening, proposals will not be accepted without this receipt. Attach this receipt to the front of the bid document.

Pond Creek Flood Pump Station Water Line Project August 15, 2025

ADDENDUM NO. 3

BIDDING REQUIREMENTS AND

CONTRACT DOCUMENTS for the CONSTRUCTION of the POND CREEK

FLOOD PUMP STATION WATER LINE

PROJECT, LOUISVILLE AND JEFFERSON

COUNTY METROPOLITAN SEWER

DISTRICT LOUISVILLE, KENTUCKY

Date: August 15, 2025 Project: Pond Creek Flood Pump Station Water Line Project Contract No: 17290 Budget ID No.: F25281

To all Plan holders and/or Prospective Bidders:

The following clarifications, changes, additions and/or deletions are hereby made a part of the Bidding Requirements and Contract Documents for the construction of the Pond Creek Flood Pump Station Water Line Project, as fully and completely as if the same were fully set forth therein:

Part 1 - BID OPENING DATE:

Bid Opening Date is hereby rescheduled to August 26, 2025, 2:00 pm local time.

Part 2 - CLARIFICATIONS/REVISIONS

QUESTION NO. 1:

Per Detail 1, Section C-C on sheet C-05, soil overbuild to be 10H:1V. At +/- 4.5' high at the center point of the segment, 10H:1V in both directions would make the soil overbuild 90' wide at the base.

This would put the contractor outside the limits of the permanent water easement, with the temporary construction easement appearing to stop at the toe of the levee. This would also add a substantial amount of soil import. Please advise how MSD would like to handle.

ANSWER NO. 1:

Sheet C-05 is a standard operating procedure developed by the USACE. MSD believes that a modified slope of 6H:1V will be sufficient to facilitate all required activities, provided that all other notes and dimensions from Detail 1 on Sheet C-05 are adhered to. The USACE has approved the slope modification to their SOP. The updated plan set is attached.

QUESTION NO. 2:

Per Addendum 1 the completion date was changed to 2/27/26. Item 2C was left as a Bid Item. Is it still required if the project will be completed prior to June 1? If not, please update the Bid Proposal Form.

ANSWER NO. 2:

The Bid Proposal Form has been modified to a single pay item for the bat conservation fund. Please refer to the Special Provisions, Section 25. IMPERILED BAT CONSERVATION FUND for more information. All relevant updated documents are attached.

QUESTION NO. 3:

In several locations, example Page C-02, Keynotes 1.A, it states "all joints to be restrained". Is that referencing only on MJ fittings or are bell joint restraint clamps required on each bell of the pipe?

ANSWER NO. 3:

All mechanical joint fittings must be restrained. Bell joint restraints are not required for a private water line;

however, all pipe joints within the levee footprint must be restrained. Additionally, thrust blocking must be provided at horizontal and vertical bends in accordance with the Louisville Water Company, Standard Specification Section 6.15 and Standard Drawing No. 1400.

QUESTION NO. 4:

LWCO Standard Specifications show concrete anchors on severe slopes, typical of station 31+00 to 33+50, yet no anchors are shown to be required. Several notations say we are to follow LWCO Standard specifications so please clarify if concrete anchors will be required on this project, and if so, please designate the stations required.

ANSWER NO. 4:

Concrete anchors must be provided for pipe within the levee footprint but are otherwise not required.

Specific stationing will not be provided as it may vary in construction. It is the responsibility of the Contractor to ensure that concrete anchors are provided where required.

QUESTION NO. 5:

Sheet C-03, Keynotes, 1.H, state to coordinate with Texas Gas prior to working in this area. In past experiences, Texas Gas has very stringent requirements when working in their easements, being size restraints of equipment, inspection fees, backfill requirements, etc. Can you provide a copy of the encroachment permit or restrictions required by Texas Gas?

ANSWER NO. 5:

Texas Gas has provided the Developers Handbook and Encroachment Drawing Requirements. Both documents are attached. Per section V. of the Developers Handbook, an Encroachment Permit will be required as well as a potential Reimbursement Agreement which is to be paid by the Contractor. The encroachment permit and supporting documents will be handled by the designer. The designer has incorporated changes required by Texas Gas into the plans, and an updated plan set is attached. Additional encroachment requirements are described in section VI. of the Developers Handbook. The designer is coordinating with Texas Gas to have a field technician meet on site to locate the pipelines and probe for depth of cover. The field technician will also be the point-of-contact during construction. Contact information will be made available when it is known.

QUESTION NO. 6:

Can a pay item be setup for placing fill over the pipe in the floodwall?

ANSWER NO. 6:

An additional pay item will not be provided for the overbuild as the Contractor will be responsible for determining quantities. The Contractor is welcome to provide the cost breakdown in their proposal.

QUESTION NO. 7:

We missed the site visit, is it possible for someone to show us the site we are interested in bidding on this job.

ANSWER NO. 7:

There will not be an additional site visit held by MSD. The alignment of the water line is marked with stakes, and the Contractor may visit the site on their own if desired.

QUESTION NO. 8:

Can the stone road leading into the Pump Station be used for construction access and hauling stone/dirt?

ANSWER NO. 8:

The Contractor may use the gravel road leading to the pump station for construction access and hauling, provided that the gravel road is not blocked at any time. The Contractor’s use of the gravel access road must not interfere with flood pumping operations or any other construction projects occurring simultaneously on site. Additionally, the condition of the road prior to construction must be well documented with quality and completeness of the documentation acknowledged in writing by MSD. The Contractor will be solely responsible for adequately repairing damage to the gravel road deemed to have been caused during construction.

QUESTION NO. 9:

Seeking additional information on the waterline from the meter to the building.

ANSWER NO. 9:

Please refer to the Plans and Specifications for all requirements of this project. Specific questions will be addressed as they are received.

QUESTION NO. 10:

Ductile iron is being recommended for use due to the heat trace requirement, however the Plans show C900.

Also, should the pipe above ground be insulated?

ANSWER NO. 10:

Per sheet C-03, Keynote 1.G., heat-trace is only required for the above-ground section of the water line near the tie-in to the building. Per the Special Provisions, Section 15. PIPE MATERIALS, “LWC Standard Specifications for acceptable water pipe material shall apply for all pipes. For pipes 12-inch and under, polyvinyl chloride (PVC) may be used.” The use of PVC pipe is not a requirement of the contract.

Additionally, if the Contractor elects to use PVC pipe for the primary portion of the water line, the Louisville Water Company Standard Specifications, Section 6.6 Transition of Pipe Materials (Ductile Iron Pipe and PVC Pipe) describes the requirements for transitioning from PVC to ductile iron as may be necessary for portions of pipe above frost depth or grade with heat-trace.

QUESTION NO. 11:

After we core the hole in the building what are we connecting to?

ANSWER NO. 11:

The building has existing plumbing that is fed from a well but is not in service. The Contractor must make the connection to the existing plumbing. The connection to the existing plumbing must be done by a licensed plumber in accordance with local codes.

Part 3 – ATTACHMENTS

#09 – MSD Bid Proposal (Record#17290) eBid Sheet Addendum #3 17290_Pond Creek FPS Water Addendum 3 Full Set (2025-08-015) Develop Handbook Encroachment Drawing Requirement 2-18-25 17290 Pre-Bid Sign-In Sheet 17290 Pre-Bid Meeting Minutes – 2nd Bid

All bidders shall acknowledge receipt and acceptance of this Addendum No. 3 by submitting this Addendum with the bid package. Bid Form submitted without acknowledgment of this Addendum will be considered unresponsive.

End of Addendum

Bid Proposal P-1 Contract No. 17290 08/2024

LOUISVILLE AND JEFFERSON COUNTY

METROPOLITAN SEWER DISTRICT

BID PROPOSAL FOR

POND CREEK FLOOD PUMP STATION WATER SERVICE

CONTRACT NO. 17290

DRAWING RECORD NO. 17290

SHEET NOS. 1 through 6

Name of Bidder: _______________________________________________________________

Business Address: _______________________________________________________________

TO: Louisville and Jefferson County Metropolitan Sewer District 700 West Liberty Street Louisville, Kentucky 40203

The undersigned, as Bidder, declares that the only person or parties interested in this Bid Proposal as Principals are those named herein; that this Bid Proposal is made without collusion with any other person, firm or corporation; that the undersigned has carefully examined the location of the proposed Work, the Bid Documents for the above-designated Work, Addenda No. ____, ____, ____, and ____, issued thereto, all of which are on file in the office of the Louisville and Jefferson County Metropolitan Sewer District.

The undersigned proposes and agrees, if this Bid Proposal is accepted, to contract with MSD in the form identical to the form of The Contract For Construction included in the Bid Documents; to provide all necessary machinery, tools, apparatus and other means of construction, including utility and transportation services necessary to do all the Work and furnish all the materials and equipment specified or referred to in the proposed Contract in the manner and time therein prescribed, and according to the requirements of MSD as therein set forth to furnish the Bonds and Insurance specified; and to do all other things required by the proposed Contract; and that the Contractor will take in full payment therefore the sums set forth in this Bid Proposal.

Bid Proposal P-2 Contract No. 17290

Kentucky Prevailing Wages will not apply to the payment of all labor on this Contract.

The Contractor shall commence the Work and shall achieve Substantial Completion of the Project in accordance with the requirements of the Contract by February 27th, 2026, with Final Completion by May 30th, 2026.

Bid Proposal P-3 Contract No. 17290

BID ITEM DESCRIPTIONS

ITEM 1. CLEARING

For furnishing all labor, equipment, and materials necessary for clearing and grubbing of the project limits and necessary work areas for the construction.

Item 1 shall be divided into the following sub-items.

ITEM 2A. CLEARING

ITEM 2B. BAT HABITAT FUND

ITEM 2. WATER

For furnishing all labor, equipment, and material necessary for trenching, bedding, laying, jointing, shoring, sheeting and bracing; initial and final backfill; installation of fittings, gripper glands, foster adapters, restrained joints, thrust blocking; crushed stone, including all items necessary to completely encase or cap the water line in concrete the full trench width to 6-inches above the pipe; testing (chlorination, flush, pressure) of the completed water line; seeding and final clean-up (including furnishing and placing topsoil, finish grading, seeding, mulching and erosion control, removal of construction materials and debris, cleaning, and site restoration); and all other work necessary in accordance with the plans and Contract.

Item 2 shall be divided into the following sub-items.

ITEM 2A. 6” WATER LINE

ITEM 2B. TAP EXISTING 16” DPW WATER MAIN

ITEM 2C. 6” LWC SERVICE METER ASSEMBLY

ITEM 2D. 6” GATE VALVE

ITEM 2E. FIRE HYDRANT

ITEM 3. FLOWABLE FILL LEVEE BACKFILL

For furnishing all labor, equipment, and materials for installation of flowable fill backfill for any excavation within 15’ of the toe of the existing flood levee in USACE specs and in accordance with the plans, SWPPP and the Contract.

ITEM 4. EROSION PROTECTION AND SEDIMENT CONTROL

For furnishing all labor, equipment, and materials for installation, maintenance, and final removal of all Erosion Control Items in accordance with the plans, SWPPP and the Contract.

ITEM 5. CREEK CROSSING

For furnishing all labor, equipment, and materials for installation, maintenance, and final removal of the creek crossings in accordance with the plans, SWPPP and the Contract.

Bid Proposal P-4 Contract No. 17290

ITEM 6. MOBILIZATION/DEMOBILIZATION

For all labor, equipment, and materials necessary for the movement of personnel, equipment, supplies and incidentals to and from the project site. The amount which a contractor may bid for this item shall not exceed 1.0% of subtotal "A" (bond and stored materials excluded). Payment schedule shall be as follows:

25% of amount with first payment, 25% of amount with second payment and 50% of amount with final pay estimate.

ITEM 7. BONDS

For the furnishing of performance, payment and maintenance bonds which bind the Contractor and the Surety for the full performance of The Construction Contract, specifically including the Contractor’s Obligation to pay for labor, materials, services, and equipment provided in connection with the Construction Contract, and all warranty, guaranty and maintenance obligations set forth therein. The amount which a contractor may bid for this item shall not exceed 1.5% of the total bid. The payment shall be made in full with the first pay estimate.

Quantities on the Proposal Spreadsheet are not guaranteed. Final payment will be based on actual quantities installed.

Note: Bid amount shall include sales tax, where required, and all other applicable taxes and fees.

Bidder certifies that the cost or pricing data submitted is complete, accurate, and current as of the date of submissions to MSD.

MSD has the right to award this contract based on the lowest responsive and responsible bid.

Bid Proposal P-5 Contract No. 17290

Bid Proposal for POND CREEK FPS WATER SERVICE Bid Date: 08/19/2025 Record No.: 17290 Budget ID No.: F25281 Item Description Qty. Unit Unit Cost Total Cost

1 CLEARING

1A CLEARING 1 LS

1B BAT HABITAT FUND 1 LS

2 WATER

2A 6” WATER LINE 2468 LF

2B TAP EXISTING 16” DPW WATER MAIN 1 EA

2C 6” LWC SERVICE METER ASSEMBLY 1 EA

2D 6” GATE VALVE 4 EA

2E FIRE HYDRANT 1 EA

3 FLOWABLE FILL LEVEE BACKFILL 45 LF

4 EROSION PROTECTION AND SEDIMENT CONTROL 1 LS

5 CREEK CROSSING 2 EA

SUBTOTAL "A" =

6 MOBILIZATION/DEMOBILIZATION (MAX. 1% of SUBTOTAL "A") 1 LS

SUBTOTAL "B" =

SUBTOTAL "A" + "B" =

7 BONDS (MAX. 1.5% of SUBTOTAL "A" + "B") 1 LS

TOTAL

Legal Entity, Bidder _________________________________ By (Sign Here) _________________________________

Title _________________________________ Address _________________________________

Telephone No. _________________________________

Bid Proposal P-6 Contract No. 17290

REFERENCES AS TO

BUSINESS STANDING

Name ________________________________________________________________________

Address _______________________________________________________________________

Telephone _____________________________________ Fax ____________________________

REMARKS

12/98

Bid Proposal P-7 Contract No. 17290

SIMILAR WORK DONE

REFERENCES AS TO

SKILL AND EXPERIENCE

Telephone _____________________________________ Fax ____________________________

Name ________________________________________________________________________

Address _______________________________________________________________________

Telephone _____________________________________ Fax ____________________________

Name ________________________________________________________________________

Address _______________________________________________________________________

Bid Proposal P-8 Contract No. 17290

CURRENT WORKLOAD AFFIDAVIT

________________________________________________being duly sworn, deposes and says that the following list includes all work which his organization has under contract or pending award as of the date of the submission of this proposal:

Contract Percent Location of Work and Type of Work Amount Complete For Whom Performed

Legal Entity ___________________________

By ____________________________

Title ____________________________

STATE OF )

) SS

COUNTY OF )

I, the undersigned Notary Public, within and for the State and County aforesaid, do hereby certify that the foregoing instrument, in writing, was this day produced to me in said State and County by

_____________________________of _______________________________________________and was acknowledged to be his free act and deed, and the act and deed of said Corporation.

Witness my signature this _____day of ___________ 20__.

My Commission expires _________________________________

Notary Public

Bid Proposal P-9 Contract No. 17290

PROPOSAL SIGNATURE

(Fill out Applicable Paragraph and Section D.)

A. Corporation

The undersigned bidder is a corporation organized and existing under the laws of the State of ____ ____________________________ which operates under the legal name of and has a corporate seal.

The full names of its corporate officers are as follows:

President__________________________________________ Vice President ______________________________________ Secretary __________________________________________ Treasurer __________________________________________

The _____________________________________________________________ is authorized to execute on behalf of the Corporation any construction proposal and contract pursuant to a resolution duly adopted by the duly elected Board of Directors of the Corporation at a meeting duly called, convened and held on

_________________________________20 _________ a certified copy of which is attached hereto.

Said resolution has not been revoked, modified, or annulled or amended in any manner whatsoever; that said resolution does not in any respect conflict with or contravene the By-Laws, regulations or Articles of said Corporation.

Bid Proposal P-10 Contract No. 17290

B. Co-Partnership

The undersigned bidder is a co-partnership consisting of individual partners whose full names are as follows:

The co-partnership does business under the legal name of______________________________________

C. Individual

The undersigned bidder is an individual whose full name is ____________________________________

______________________________________________________________________, alias and if operating under a trade name, said trade name is as follows:

Bid Proposal P-11 Contract No. 17290

D. Bid Proposal Signature

Legal Entity:___________________________________

(Sign Here) By:___________________________________

(SEAL) Title: _________________________________

Address: ___________________________________

Telephone: ___________________________________

FAX No: ___________________________________

STATE OF )

) SS

COUNTY OF )

I, the undersigned Notary Public, within and for the state and County aforesaid, do hereby certify that the foregoing instrument in writing was this day produced to me in said State and County by

___________________________________of_________________________________________ and was acknowledged to be his free act and deed, and the act and deed of said Corporation.

Witness my signature this ______ day of _______________ 20___.

My Commission expires

Bid Proposal P-12 Contract No. 17290

Designation of Agent for Service of Process

The registered office of the Bidder in the Commonwealth of Kentucky shall be at:

and the name and address of its resident agent in this Commonwealth is:

Name ______________________________________________________________________________ Address ____________________________________________________________________________ Telephone __(___)____________________________________________________________________

Legal Entity_______________________________________________

Signature of Bidder

Title

STATE OF )

) SS

COUNTY OF )

I, the undersigned Notary Public, within and for the State and County aforesaid, do hereby certify that the foregoing instrument in writing was this day produced to me in said State and County by of___________________________________________________________________________________ and was acknowledged to be his free act and deed, and the act and deed of said Corporation.

Witness my signature this _________________day of ______________ 20______

My Commission expires ______________________________________________

Bid Proposal P-13 Contract No. 17290

NONCOLLUSION AFFIDAVIT

State of __________________________________

County of ________________________________

Contract No. ______________________________, CONTRACTOR: ______________________________________________________________ being first duly sworn, deposed and says that he is _____________________________________ (sole owner, a partner, president, secretary, etc.) of ____________________________________ the party making the foregoing BID, that such BID is not made in the interest of or on behalf of any undisclosed person, partnership, company, association, organization, or corporation; that such BID is genuine and not collusive or sham; that said BIDDER has not directly or indirectly induced or solicited any other BIDDER to put in a false or sham BID, and has not directly or indirectly colluded, conspired, connived, or agreed with any BIDDER or anyone else to put in a sham BID, or that any one shall refrain from bidding; that said BIDDER has not in any manner, directly or indirectly, sought by agreement, communication or conference with any one to fix the BID price of said BIDDER or of any other BIDDER, or to fix any overhead, profit, or cost element of such BID price, or of that of any other BIDDER, or to secure any advantage against the MSD awarding the Contract or anyone interested in the proposed Contract;

that all statements contained in such BID are true; and, further, that said BIDDER has not, directly or indirectly, submitted his BID price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith, to any corporation, partnership, company, association, organization, BID depository, or to any member or agent thereof, or to any other individual except to such person or persons as have a partnership or other financial interest with said BIDDER in his general business.

Signed: ___________________________________

By:____________________________________

Subscribed and sworn to before me this ___________day of _________________20___.

Seal of Notary

X X X X

X

X X

X X X

X X

X X

G G G

GG

MSD STANDARD DRAWINGS

BENCHMARK

Kentucky 811

UTILITY NOTE

SURVEYOR'S CERTIFICATE

EROSION PREVENTION AND SEDIMENT CONTROL NOTES PROJECT LOCATION MAP

GENERAL NOTES

POND CREEK

FLOOD PUMP STATION

WATER SERVICE IMPROVEMENT

LOUISVILLE AND JEFFERSON COUNTY METROPOLITAN SEWER DISTRICT

CONTRACT NUMBER 17290

POND CREEK FLOOD PUMP STATION

LOUISVILLE METROPOLITAN SEWER DISTRICT NOTES

9920 Corporate Campus Drive, Suite 1200, Louisville, KY 40223 Phone: 502-585-2222 Toll Free: 800-928-2222 Internet: www.qk4.com

Engineering

Planning

Kentucky Indiana Georgia Tennessee

PROJECT LOCATION

LEGEND

INDEX OF DRAWINGS

WATER SERVICE IMPROVEMENT

BEGIN PROJECT

STA 10+00.00

PROPOSED WATER LINE

OHE

OHT

XX

G

OHIO RIVER

DIXIE HWY

HWY 44

POND CREEK FLOOD

PUMP STATION

PROPERTY OWNERS

PROPERTY OWNERS ( ADJACENT )

OHT

OHT

OHT

OHT

OHE

OHE

OHE

O

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X

X X X X X X X X

X

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X

X X

X X

X X

X X X X

X

X X

X X

X X

X X

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G G G

G G G

G G G

G

G

G

G

G G

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N

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T en ne ss ee

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T O

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T O

H T

O H

T O

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T O

H T

O H

T O

H T

OHT

OHT

OHT

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X X

X

X X

X

X X X X X X X X X X X X X X X X X X X X X X X X X X X X

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G G

G G

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G G

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.8

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PL

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KEYNOTES ( Site Layout )

GENERAL NOTES

BACKFILL LEGEND

PO

N

D C

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K

FL

O O

D P

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P

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OHE

OHE

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OHE

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.9

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LA

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PL

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PO

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D C

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KEYNOTES ( Site Layout )

GENERAL NOTES

BACKFILL LEGEND

Enlargement A

Enlargement A

M A

T C

H L

IN

E

S T

A

2+

.0

USACE NOTES

TEXAS GAS TRANSMISSION NOTES

M A

TC

H

LI

N E

St a.

=2 2+ .0

M A

TC

H

LI

N E

St a.

=2 2+ .0

OHE

OHE

G G

G

G G

G

G G

G

M A

TC

H

LI

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St a.

=2 2+ .0

M A

TC

H

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St a.

=2 2+ .0

O H

T O

H T

O H

T O

H T

O H

T O

H T

O H

T

OHT

OHT

X

X

X X X X X X X X X X X X X X

G G

G

G G

G G

G

G G

EP

SC

P

LA

N

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D is tr ic t

W

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S tr ee t -

L ou is vi lle , K en tu ck y

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C or po ra te

C am pu s

D riv e, S ui te

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T ol l F re e:

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EPSC / IMPERVIOUS DATA

FLOODPLAIN NOTE

EPSC BMPs MAINTENANCE NOTE

SWPPP MODIFICATION NOTE

STANDARD MSD SWPPP NOTES

SWPPP PHASING

SWPPP LEGEND

SI

TE

D

ET

AI

LS

PO

N

D C

R

EE

K

FL

O O

D P

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P

ST

AT

IO

N W

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ELEVATED PIPES - PASSABLE (OVERBUILT)

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CONCRETE WASHOUT AREA

SECTION A-A

PLAN

USACE GENERAL NOTES

SECTION B-BSECTION A-A

BOARDWALK

Developer’s Handbook

PETROCHEMICAL PIPELINE

Disclaimer:

It is the developer’s responsibility to be aware of laws, rules, and regulations applicable to its activities. Developers should not rely solely on this handbook. The representations made herein are for general information purposes only, and Boardwalk Pipelines does not guarantee the accuracy of the information. Boardwalk Pipelines also reserves the right to periodically update, amend, revise, and make changes to the guidelines and terms identified in this publication.

TABLE OF CONTENTS

Introduction Page 4

First Things First

• Safety and Reliability Page 4

Pipeline Facilities Overview Page 5

Boardwalk Right of Way Agreements Page 5

How Is Boardwalk Regulated? Page 5

How Boardwalk Handles Encroachments Page 6

• About The Permit

• About The Reimbursement Agreement

Encroachment Requirements Page 8

Plan Design and Review Requirements Page 11

Notification and Construction Safety Requirements Page 12

Call Before You Dig Page 12

I. First Things First

A. Safety Boardwalk is committed to ensuring the safety and reliability of its facilities.

According to the Federal Department of Transportation, the transmission of natural gas and liquids through pipelines is the safest means of transportation. The industry has an excellent safety and reliability record. Boardwalk has thorough policies and procedures to prevent pipeline failures. While pipeline failures can result from a number of different causes, damage by outside force from a third party is the leading cause of pipeline failures.

B. Reliability Boardwalk is committed to providing safe and reliable natural gas and liquids transportation service. Communities, factories, hospitals, power plants, businesses, and residences depend on our transportation services for energy to generate heat and electricity.

Boardwalk is committed to ensuring the safety and reliability of its facilities. Boardwalk does not encourage or support any development or encroachment that interferes with the operation or maintenance of its pipelines. In those cases where development or encroachment cannot be avoided, we need your help to ensure the safety and reliability of our facilities. As a responsible developer, contractor, or other party engaged in any ground disturbing activity near pipeline(s) and/or related facilities, we urge you to read and understand the guidelines presented in this publication.

This handbook outlines the standards and procedures to be followed when planning land use development on or near the right of way of subsidiaries of Boardwalk Pipelines. These subsidiaries include Gulf South Pipeline Company, LLC; Texas Gas Transmission, LLC; Boardwalk Louisiana Midstream, LLC; Boardwalk Petrochemical Pipeline, LLC; Boardwalk Storage Company, LLC; and Boardwalk Texas Intrastate, LLC; (collectively, “Boardwalk”). The terms right of way and easement are used interchangeably throughout this handbook and have the same meaning. This handbook is intended for use by city and county/parish planners, engineers, developers, land surveyors and anyone involved in the initial stages of land development.

If Boardwalk is included in the initial planning stages, project delays can be avoided and safe development practices in the vicinity of pipelines can be attained.

The handbook is designed to make you aware of the most common standards and procedures Boardwalk typically requires to protect its facilities in areas of changing land use. However, each proposed development or activity requires a case specific evaluation with a qualified Boardwalk representative.

Please become familiar with the contents of this handbook.

If you have further questions or need assistance, please call Boardwalk at:

1-713-479-8000

TO ALL HANDBOOK USERS

II. Pipeline Facilities Overview Boardwalk owns and operates approximately 14,000 miles of interstate and intrastate pipelines. The transmission operation includes high-pressure steel pipelines and low-pressure pipelines of other materials ranging in diameter from two inches (2”) to forty-two inches (42”), storage facilities, compressor stations, meter stations, cathodic protection equipment, valve sites, and other facilities.

In accordance with federal and state regulations, Boardwalk identifies the location of its pipeline(s) and/or related facilities by installing permanent pipeline markers, similar to the ones shown on this page, near road, rail, water, fence, and underground utility crossings. Pipeline markers may also be strategically placed in extensive areas of open ground to delineate the location of the pipeline.

The maintenance of pipeline markers and an open, clear right of way at all times is critical to public safety. Construction or development near transmission pipelines increases the probability of damage. It is the responsibility of Boardwalk, individual landowners and contractors to ensure that all temporary and permanent pipeline markers installed by Boardwalk are protected and maintained at all times, especially during construction.

Removing or defacing a pipeline marker is a federal criminal offense.

III. Boardwalk Right of Way Agreements

A. Description Most of Boardwalk’s existing pipeline right of way was acquired through right of way agreements. Successive purchasers acquire the affected property subject to Boardwalk’s rights.

Generally, the landowner has the right to use and enjoy his or her property, as long as that use does not interfere with Boardwalk’s rights.

B. Width When the original pipeline routes were selected, agricultural, forested or rural environments were generally deliberately chosen whenever possible. In some cases, the original right of way agreement did not specify a defined easement width or location on the land covered by the agreement and, therefore, included large sections of land not completely traversed by the pipeline.

Where defined, Boardwalk’s easement varies in width, depending on factors including the number of pipelines in the right of way, the diameter of the pipeline(s), and the terrain.

C. Amendments or Modifications As the rural environment is altered and land developments are proposed, Boardwalk, at the request of the landowner, may elect to amend or modify the right of way agreement to reflect the changing land use. Boardwalk may work with developers to incorporate the easement into the project design, including consent to use the easement as a “greenway” or open space area, so long as that use does not interfere with Boardwalk’s ability to use and enjoy the acquired easements and associated rights.

IV. How Is Boardwalk Regulated?

A. Federal Boardwalk Texas Intrastate’s pipelines are regulated by the Texas Railroad Commission while the other regulated pipelines are overseen by the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA). All of Boardwalk’s regulated pipelines must meet all pipeline safety regulations included in Title 49, Code of Federal Regulations, Parts 192 or 195.

Those parts prescribe the minimum standards for the safe operation of pipelines. The denser the population, the more stringent the standards for pipeline design, maximum allowable operating pressure, frequency and type of patrols, and leak surveys.

B. State All of the states in which Boardwalk operates have damage prevention laws for the protection of pipelines and other underground utilities and require excavators to notify local one call centers of excavation plans. Boardwalk participates in one call centers that serve the areas where Boardwalk owns facilities.

Some jurisdictions provide for treble damages resulting from a failure to notify under the one call center.

C. City & County/Parish Local governments often play a major role in regulating land use by means of comprehensive planning and zoning.

Some counties/parishes require an additional building setback from the pipeline easement. Please check local codes before submitting plans to Boardwalk for review.

V. How Boardwalk Handles Encroachments It is Boardwalk’s philosophy to prevent encroachments when possible by working with agencies and developers to design projects outside the pipeline easement. Many of Boardwalk’s right of way agreements prohibit encroachments, and Boardwalk will enforce applicable provisions in its right of way agreements where it believes the continued safe operation and maintenance of the pipeline could be threatened.

Where Boardwalk determines that an activity can be undertaken without jeopardy to the pipeline system, Boardwalk may negotiate with the encroaching party to either secure an encroachment permit, or a recordable encroachment agreement (collectively “Encroachment Permit”), or Boardwalk may issue a “Letter of No Objection.” The form used is determined based on the type and scope of activity proposed.

In some cases, there may be a significant delay between the review of a developer’s plans and actual construction. If delays occur, all construction and maintenance activities are subject to Boardwalk’s requirements in effect at the time the work takes place.

An encroachment may also require cost reimbursement to Boardwalk. Typically, Boardwalk will seek reimbursement for projects that require significant design review, engineering investigation, field inspections, legal consultation, or facility modification.

A. About The Permit The Encroachment Permit will contain all pertinent conditions to be followed by the encroaching party for the planned activity and for certain types of developments. It is reviewed and is generally issued to the encroaching party either on-site or to an office location through a trackable delivery method (e.g., FedEx®).

When is an Encroachment Permit required?

An Encroachment Permit is required when:

y Activities/work cross under or over the pipeline; or y Activities/work extend into the easement.

Examples of such activities/work may include, but are not limited to:

y Street, road, driveway, and other paved surface crossings;

y Drainage projects;

y Blasting or use of explosives in the vicinity of Boardwalk facilities;

y Activities in the vicinity of Boardwalk fee property and rights of way that may jeopardize Boardwalk facilities;

y Fencing (ornamental and standard);

y Vehicular and equipment crossings;

y Utility crossings, all size and material pipelines, drainage and sewer lines;

y Residential and commercial communications lines, electrical lines, sprinkler systems; and y Permanent facilities associated with adjacent commercial or residential developments.

Other activities subject to an Encroachment Permit are determined on a case-by-case basis.

Who initiates the Encroachment Permit?

Once aware of the planned development activities, a Boardwalk representative generally initiates the Encroachment Permit.

This permit must be executed before work begins. In the event work begins without a permit in place, Boardwalk may take steps to prevent further activity.

B. About The Reimbursement Agreement When is a Reimbursement Agreement Required?

A reimbursement agreement is typically required for activities/ work which require preliminary engineering and/or field inspection services by Boardwalk personnel.

In addition, Boardwalk will seek a reimbursement agreement for any third-party activity/work that requires modification of Boardwalk facilities. Such modifications include, but are not limited to, pipeline casing extensions, pipeline relocations or replacements, and pipeline cathodic protection facility modifications.

Who initiates the Reimbursement Agreement?

The agreement is initiated by a representative of Boardwalk and must be executed before any work, preliminary engineering, or field inspection services are performed by Boardwalk.

An Encroachment Permit is required when activities/work cross under or over the natural gas and hazardous liquids pipelines, extending into the right of way. Examples of such activities/work may include, but are not limited to street, road, driveway, and other paved surface crossings.

VI. Encroachment Requirements Boardwalk has a multifaceted safety responsibility.

Landowners, business owners, federal and local authorities, and the general public rely on us to operate our assets safely and reliably. Our encroachment program is one process that assists us with protecting the integrity of our pipelines. Boardwalk has developed a set of standard encroachment guidelines that are used to help our neighbors become aware of potential conflicts and activities that may lead to unsafe and even dangerous situations. The following is a list of the most common standards and procedures Boardwalk uses to maintain the integrity of its facilities in areas of changing land use. We appreciate your effort to design and build safely around Boardwalk’s facilities and we recognize that some proposed land use projects may have seemingly unavoidable conflicts with some of the standard encroachment requirements. From your first contact with Boardwalk personnel, we can begin to assist you by gathering your project-specific information and assigning a qualified Boardwalk representative to review the information and work with you to find solutions. The following are Boardwalk’s standard requirements for most proposed encroachments. For a review of your individual situation, please contact your local Boardwalk office.

One Call Centers require 48-72 hours notice prior to excavation activities.

Check your local requirements.

Notification is the Law!

A. General Requirements for Surface Alterations y No above ground structures or appurtenances are to be located within the Boardwalk right of way.

y Prior to and during any surface disturbing work performed within or near the right of way, an authorized Boardwalk representative must be notified and given the opportunity to be on-site. Boardwalk’s representative will assist you in determining the location of the pipeline, the right of way width, and existing cover over the pipeline.

y If planned activities could change the existing drainage across Boardwalk’s right of way, an authorized Boardwalk representative must be notified and given the opportunity to review and approve the proposed changes to the drainage prior to any surface disturbing work performed within or near the right of way.

y No removal or addition of dirt on the right of way is permitted without prior Boardwalk approval.

y Boardwalk may require submittal of plan and profile drawings for prior review and approval. All drawings must show, in detail, any nearby Boardwalk facilities and other features that will allow Boardwalk to determine the effects of the proposed construction or maintenance activity on its facilities.

y Boardwalk may request evidence of general liability and other appropriate and usual insurance prior to any activity and/or construction on or near Boardwalk rights of way. In the event of excavation near pipelines, Boardwalk must be named as an additional insured to any such policy. Any rights of subrogation or recovery will be waived in favor of Boardwalk. The insurance limits, terms and conditions that may be required will be dependent on the specific facilities potentially impacted and what would be usually and prudently obtained in similar industry situations.

B. Foreign (or Third-Party) Pipeline Crossings These Guidelines shall be followed:

y All foreign (or third-party) lines crossing Boardwalk’s right of way shall be installed in accordance with all applicable codes and requirements governing such installations.

y All foreign lines shall cross Boardwalk’s right of way at an angle as close to 90 degrees as practical. Parallel occupancy of Boardwalk’s right of way is not permitted.

y Boardwalk’s pipelines are electrically protected against corrosion. At Boardwalk’s request, metallic foreign lines that enter or cross Boardwalk right of way must have test leads installed. In addition, Boardwalk personnel must be provided an opportunity to install test leads on Boardwalk existing pipelines. All necessary measures (coatings, electrical bonds, etc.) shall be taken to ensure that the proposed pipe or utility is adequately protected from potential interference. Additionally, no horizontal or vertical ground beds will be permitted in Boardwalk’s right of way.

y All foreign lines crossing Boardwalk’s pipeline(s) and/ or related facilities shall be installed with a minimum of twenty-four inches (24”) of clearance between the existing Boardwalk pipeline(s) and/or related facilities and the proposed foreign line. The foreign line shall be installed at a uniform depth across the full width of Boardwalk’s right of way. Boardwalk may require that foreign lines be installed under its existing pipeline(s) and/or related facilities.

y Boardwalk may require that foreign lines be identified with permanent above ground markers, where the lines enter and exit Boardwalk’s right of way. It is the foreign line owner’s responsibility to obtain any rights to install the markers and to maintain the markers.

y If the foreign pipeline is installed by open cut, a direct burial warning tape shall be placed twelve to eighteen inches (12-18”) above the foreign line and extend across the entire width of Boardwalk’s right of way.

C. Fences y Fence posts cannot be installed within four feet (4’) of any Boardwalk pipeline. Boardwalk may require that excavation for installation of fence posts installed within its right of way be performed via hand digging.

y Boardwalk must retain the free right of ingress and egress. Boardwalk may require that new fences have a twelve foot (12’) wide gate installed within the right of way at a location approved by Boardwalk.

D. Landscape Guidelines y Trees and, in most cases, shrubs are not permitted on the right of way.

y With prior written Boardwalk approval, some types of shrubs may be permitted on the right of way, provided such shrubs do not interfere with the operation, maintenance, inspection, and signage of the pipeline(s) and/or related facilities. Under no circumstances will mechanical equipment be allowed for planting of shrubs on the right of way.

y Boardwalk reserves the right to cut and/or remove plantings on the Boardwalk right of way as required in the operation, inspection, and maintenance of its pipeline(s) and/or related facilities; further, Boardwalk assumes no responsibility for any cost involved in the restoration and replacement associated with the removal of such landscape plantings.

y All sprinkler or irrigation systems will require review by a Boardwalk representative. Sprinkler heads will not be permitted within ten feet (10’) of any Boardwalk pipeline.

All crossings of the pipeline with feeder lines must be hand dug unless otherwise approved by Boardwalk technical personnel.

y Boardwalk may require that a recorded Encroachment Permit be executed by all parties prior to any landscaping.

E. Highways, Roads, Streets and Driveways y Boardwalk must complete a preliminary engineering review for all highways, roads, streets, driveways, etc., proposed on the right of way. Any pipe casing, concrete slabs, or other protection required by Boardwalk shall be installed by Boardwalk at the expense of the encroaching party. Boardwalk may require a pipeline inspection prior to construction.

y Access to the earthen cover over the pipeline must be maintained for leak detection and cathodic protection surveys.

y Boardwalk requires a minimum cover of at least sixty inches (60”) of earthen fill between any proposed road surface material and the top of Boardwalk’s pipeline(s) at all highways, roads, streets, driveways, etc. The recommended minimum cover over Boardwalk’s existing pipelines in adjacent borrow ditches is 48 inches (48”). All clearance requirements will be site specific and may be increased or decreased based on Boardwalk engineering review.

y Highways, roads, streets, driveways, etc., crossing Boardwalk’s pipeline(s), and/or related facilities shall cross at an angle as close to 90 degrees as practical. All crossings must be over straight pipe and at locations free of any other crossovers. Parallel occupancy of the right of way shall not be permitted.

y Boardwalk may require a recorded Encroachment Permit. Boardwalk will retain the right to cut all proposed highways, roads, streets, driveways, etc., and will have no responsibility for restoration, loss of use or access, or any other costs.

F. Temporary Equipment Crossings To protect Boardwalk pipelines from external loading, Boardwalk must perform an engineering evaluation to determine the effects of any proposed equipment use. Mats, timber bridges, and other protective materials deemed necessary by Boardwalk may be required over Boardwalk’s facilities for the duration of any loading. Protective materials shall be purchased, placed, and removed at no cost to Boardwalk. The right of way must be restored to its original condition, or better, on completion of such external loading.

Boardwalk may require markings to identify specific areas where equipment use is authorized. Vibratory equipment is not permitted on the right of way.

G. Drainage, Impoundment of Water and Erosion Control y Boardwalk may conduct preliminary engineering studies for any proposed drainage channels or ditches within its right of way. Drainage channels or ditches must be adequately protected from erosion and provide a minimum of 48 inches (48”) of cover over the pipeline(s). Altering (clearing, regrading, or changing alignment of ) an existing drainage channel or ditch 9 requires prior Boardwalk approval. All clearance requirements will be site specific and may be increased or decreased based on Boardwalk engineering review.

y Impoundment of water on the right of way is not permitted.

y Soil erosion control measures shall not be installed within the right of way without prior Boardwalk approval.

H. Excavations and Blasting y Plans for excavation on the Boardwalk right of way require prior Boardwalk approval. No machine excavation shall be performed within 24 inches (24”) of Boardwalk’s pipeline(s). Boardwalk’s on-site representative may require hand digging at a distance less than 24 inches (24”).

y When a backhoe is used, the bucket teeth should be curled under each time the bucket is brought back into the ditch to reduce the chance of the teeth contacting the pipeline. A bar shall be welded across the teeth and side cutters removed from the bucket.

y Prior to any plowing or ripping of soil on the right of way, particularly in association with agricultural activities, review your plans with your local Boardwalk representative to ensure that proper cover exists.

y Boardwalk may require engineering evaluation of all excavation activities which necessitate unsupported pipeline spans ten feet (10’) in length or greater.

y Boardwalk requires seismic monitoring and a detailed blasting plan be submitted for review and authorization prior to any proposed blasting within a distance of one thousand feet (1000’) of Boardwalk pipeline(s) and/ or related facilities. Boardwalk accepts a Peak Particle Velocity (PPV) of 4 inches per second (4 in/sec PPV) at the pipeline.

I. Buried Communication (Telephone, TV, Data Transmission, Fiber Optic) and Buried Power Line Crossings y All buried…