A003.pdf

AMENDMENT OF SOLICITATION/MODIFICATION OF CONTRACT

1. CONTRACT ID CODE PAGE OF PAGES

2. AMENDMENT/MODIFICATION NO. 3. EFFECTIVE DATE 4. REQUISITION/PURCHASE REQ. NO. 5. PROJECT NO. (If applicable)

6. ISSUED BY CODE 7. ADMINISTERED BY (If other than Item 6) CODE

8. NAME AND ADDRESS OF CONTRACTOR (No., street, county, State and ZIP Code) 9A. AMENDMENT OF SOLICITATION NO.

9B. DATED (SEE ITEM 11)

10A. MODIFICATION OF CONTRACT/ORDER NO.

10B. DATED (SEE ITEM 13)

CODE FACILITY CODE

11. THIS ITEM ONLY APPLIES TO AMENDMENTS OF SOLICITATIONS

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

Offers 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 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.

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.)

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 a nd effect.

15A. NAME AND TITLE OF SIGNER (Type or print) 16A. NAME AND TITLE OF CONTRACTING OFFICER (Type or print)

15B. CONTRACTOR/OFFEROR

(Signature of person authorized to sign)

15C. DATE SIGNED 16B. UNITED STATES OF AMERICA

BY

(Signature of Contracting Officer)

16C. DATE SIGNED

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

FAR (48 CFR) 53.243

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

( ) 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).

1 23

A003 3/10/15 CO FLAP CR 5(1)

6905001

FEDERAL HIGHWAY ADMINISTRATION

CENTRAL FEDERAL LANDS HIGHWAY DIVISION

12300 WEST DAKOTA AVENU, SUITE 360

LAKEWOOD, COLORADO 80228

ATTENTION: Jeremiah Rogers, Contract Specialist

DTFH6814B00022

2/13/15

0*

✔ * See Below

Invitation for Bid Add Appendix B, Kinder Morgan blasting requirements.

*FAILURE TO ACKNOWLEDGE THIS AMENDMENT IN BLOCK 19 OF THE SF 1442 BY THE DESIGNATED DATE AND HOUR SPECIFIED IN THE SOLICITATION MAY RESULT IN REJECTION OF YOUR BID (REFER TO SF-1442, PAGE A-2, OF THE SOLICITATION)

No. O&M 204/C1005 Title: Construction near Company O&M PROCEDURE/CONSTRUCTION STANDARD Facilities Dual Use Document Revised: 2013-06-25

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Table of Contents

1. Applicability

2. Scope

3. Core Information and Requirements

3.1. Basic Rights

3.2. Basic Responsibilities

3.3. One-Call Systems

3.4. Marking Underground Structures (temporary markings)

3.5. Surveillance, Awareness and Reporting

3.6. Investigating Third Party Construction Activity – Company Not Notified

3.7. Inspecting Construction Activity – KM Notified

3.8. Excavating Pressurized Lines

Table 1 – Tolerance Zones by State

Figure 1 – Minimum Tolerance Zone

3.9. Horizontal Distance

Table 2 - Horizontal Distance from Company Facilities

3.10. Vertical Facility Clearance

Table 3 - Vertical Clearance from Company Facility

3.11. Engineering Assessment

3.12. Heavy Equipment/Vehicle Crossings, Roadways and Parking Lots

3.13. Directional Drilling

3.14. Land Leveling or Improvement – Company Notified

3.15. Blasting and Seismographic Activity

3.16. Buildings near Pipelines

4. Training

5. Documentation

5.1. Company Report Forms

5.2. Response to Third Party

5.3. Photographs

5.4. All Documentation

6. References

Attachment 1 – One-Call Center and Emergency Phone Numbers

1. Applicability

⌧ Gathering

⌧ Processing

⌧ Transmission/Regulated Onshore Gathering

� Kinder Morgan Treating

2. Scope

This procedure applies to all facilities and provides guidance in addressing all construction projects or activities that encroach upon the Company's pipelines, fee owned property, easements, etc. Such encroachments must be evaluated to assure compliance with Company requirements as those requirements are prescribed in this procedure, prevent damage to the pipeline facilities and protect the public and employees.

Pipelines acquired by Kinder Morgan in 2012 met 49 CFR 191 and 192 requirements and applicable State requirements using O&M Procedures in place prior to the merger. Kinder Morgan specific annual requirements will be implemented in calendar year 2013 for all Company pipelines, including the acquired pipelines.

3. Core Information and Requirements

Amendment A003 3/10/2015

O&M PROCEDURE/CONSTRUCTION STANDARD Facilities Dual Use Document Revised: 2013-06-25

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Third Party activities near pipeline facilities that may require inspection and or assessment including, but are not limited to:

• Blasting

• Installing foreign pipelines

• Installing electric cables, telephone or cable TV lines

• Drilling holes for poles, posts, anchors or oil, water and gas wells

• Installing parking lots, driveways, mobile homes, garages, sheds, swimming pools, barns, junkyards or trees

• Pipeline Crossing by Dredging Operations

• Foreign Crossing in Wetland/waterbody and Offshore Environments

• Any other activities that may require excavation

• Crossing pipelines with heavy vehicles or equipment

• Permanent or temporary removal of cover from pipelines (e.g., agricultural land leveling, road or highway construction, drainage work)

3.1. Basic Rights

The Land and Right-of-Way Department enforces Company land rights insofar as or to the extent provided by underlying agreements.

When a third party’s activities threaten the safety of Company operated facilities, the Company will request that the third party discontinue such action. If the third party fails to adhere to the request, then assistance from operations management and the Land and Right-of-Way Department shall be pursued. When a third party damages a pipeline or other Company operated facility, the Company has the right to reimbursement for such damages.

The Company has certain basic land rights through easements, franchises, permits, license agreements, leasehold, fee ownership, etc., that allow for constructing and operating Company facilities. The value and extent of the Company’s rights depend upon the underlying agreement’s terms and conditions.

The Company has the right to act in accordance with the terms and conditions of the underlying agreement. In cases where the Company owns the property in fee, any encroachment on the property is considered trespassing. The Company is prepared to take any legal action necessary to protect its real and personal property rights and the safety and property of other persons.

3.2. Basic Responsibilities

The Company has the following basic responsibilities in relation to its pipelines:

• When Company pipelines are identified by pipeline markers, stakes or by telling a third party where the line is located, such identifiers must be accurate and comply with the requirements of state One-Call organizations and the Company’s procedures whichever is more stringent.

• Managers and supervisors shall plan accordingly for workload fluctuations, vacations, etc. to ensure notices received are completed in a timely manner.

• Section 4 of the Common Ground Alliance’s (CGA) Locating and Marking best practices are incorporated in this procedure and shall be followed.

3.3. One-Call Systems

Every location will participate in a state One-Call system. Attachment 1 – One-Call Center and Emergency Phone Numbers lists the One-Call center phone numbers, as well as Company control center phone numbers. The One-Call system serves as a means for receiving and recording excavation notification as well as notifying excavators how to identify temporary pipeline markings. In order to maintain the One-Call database; once each calendar year, each Damage Prevention Supervisor shall review the current pipeline assets in their area of responsibility and compare them with the lines in PODS, Geofusion, or One-Call Agency database to ensure that all lines the Company operates are listed and any that were sold or abandoned have been removed. Any changes needed in pipeline location or one-call boundaries will be coordinated through the GIS Department.

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Participating in the state One-Call program may meet the following damage prevention requirements:

• If the State One-Call Center maintains a list of excavators who have used the One-Call service, document in local files how to easily access this information when it is needed or store the information in the Public Awareness Database.

• If the State One-Call Center provides notification to excavators explaining the One-Call program and excavation procedures, obtain documentation for local files or store the information in the Public Awareness Database.

3.3.1. Receiving Notices from One-Call Centers

When the field receives a One-Call notice of intended excavation, a response is required per the procedures below and state One-Call Laws.

When the field receives a notice of intended activity, (One-Call) the person receiving the information will determine as to the location of work versus the Company’s assets. If Company assets will not be impacted, document in the electronic One-Call system. The documentation must include justification for no physical locate and the individuals name.

When the person receiving the one-call determines there is a question as to whether Company assets will be impacted, a Company representative will contact the excavator for additional clarification. If at this time, it is determined that Company assets will not be impacted, document in the electronic One-Call system. The documentation must include justification for no physical locate, excavator contacted, and the individuals name.

If the pipeline will not be marked, the electronic One-Call System will be used to notify the excavator via e-mail, fax or phone and/or respond back to the one-call center if required.

If the work is within 50-feet of Company assets, or if there is a potential for the work to encroach to within 50-feet of Company assets, Company Personnel will physically mark the asset according to Subsection 3.4 – Marking Underground Structures below, and document in the electronic One-Call system. O&M Form OM200-31 – Line Locate Inspection Report shall be completed when meeting with the excavator. If the work area is in a wetland/waterbody or offshore environment, where conventional marking methods are inadequate, a Qualified Company Representative may specify an alternative method for marking the line.

3.3.2. Design or Planning Notification

When the one-call notification is a request to meet for the purposes of design or planning, the Company Representative is to contact the person designated on the one-call ticket as the contact person to ensure that no excavation is planned in the area noted on the one-call ticket and to schedule a meeting at a mutually agreeable time. If an excavation is planned, which meets the definition of this procedure or the state one-call law then Subsection 3.3.1 – Receiving Notices from One-Call Centers applies. Also, refer to Subsection 3.4.3 – Meeting Requirements with Excavator. O&M Form OM200-31 – Line Locate Inspection Report shall be completed when meeting with the excavator and the line has been physically marked.

3.4. Marking Underground Structures (temporary markings)

Company personnel will locate and mark pipelines in areas where excavation activities are observed or will occur as indicated by the One-Call notification. ONLY Company personnel are approved to locate and mark underground structures on upland facilities. If the work area is in a wetland/waterbody or offshore environment, where conventional marking methods are inadequate, a Qualified Company Representative may be used to mark the line.

Exception: Line marking may not be required for routine long-term activities where the depth of cover is known, and it has been established that the activity will not, in any way, affect the integrity of the pipeline. These include activities such as tilling of farmland, and road grading operations. In these cases, a standing procedure may be established with the parties involved

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3.4.1. Locate and mark the pipeline, within 50-feet of the excavation work area, as specified below.

• Pipelines will be marked within 48 hours of receipt of notification (excluding weekends and state holidays) or in accordance with local One-Call laws, and before any excavation activities begin. Emergency Notifications will be responded to promptly. It is recognized that there will be circumstances that prohibit marking the pipeline within the allowed time. Examples include, but are not limited to:

o Weather (blizzards, heavy rain, or flooding) o Locations that require marking in roadways where we will be utilizing the contractors traffic control plan which will not be set up within the allowed time o When the excavator is requesting a joint meet, which will occur after the allowed time o Inability to gain access to property for locate (inaccessible fenced properties, threatening pets, etc.)

o There is lack of clear delineation of the proposed area of excavation and the excavator cannot meet with us within the allowed time.

o Wetland/waterbody and offshore areas where scheduling of qualified locating personnel cannot be performed within the allowed time.

If the state law allows it, in these cases delay in marking time is allowed; however, concurrence of the delay in marking shall be received from the applicable ROW Specialist, Supervisor or Manager and the excavator. Facts and circumstances of the delay, name of Kinder Morgan (KM) person concurring and excavator contact who agreed, shall be documented in the ticket Comments section of the electronic One-Call system. Contact the excavator and arrange to meet an authorized representative of the excavator. Discuss provisions in Subsection 3.4.3 – Meeting Requirements with Excavator. Document excavator communications in the electronic One-Call system.

O&M Form OM200-31 – Line Locate Inspection Report shall be completed when meeting with the excavator.

• Locates and markings shall be performed safely. Consideration should be given to items such as, but not limited to; traffic, site conditions, and personal protective equipment (refer to O&M Procedure 120 – Personal Protective Equipment).

• Available Company records/strip maps/alignment sheets are to be reviewed prior to marking the pipeline(s). Look for taps, both active and abandoned, or any other below grade facilities. The minimum length of pipeline to be marked shall be as required by conditions of the site and job. Any errors or omissions discovered shall be communicated to the Engineering Records Department immediately

• Perform a visual inspection of the locate area to determine if there is evidence of a Company pipeline which is not on any record, map or alignment sheet. Also, be aware of other pipelines that might be in the area that are not on Company drawings.

• When marking the line, the marks must be able to identify where the pipeline is located, the lesser of within 2-feet off the center point, or as required by state One-Call Laws. If this criterion is not possible, then no mark shall be made, but a positive “finding” (pothole) will be necessary.

• Point of Intersection (PI) and other changes of direction shall be marked so that the pipe’s location is clearly delineated.

• When marking upland facilities, the Company is to consider the type of facility being located, the terrain of the land, the type of excavation being done and the method to adequately mark its facility for the excavator. The spacing of the markings shall be 10-feet or less apart. When marking offshore and wetland/waterbody facilities, conventional marking techniques may not be applicable. In these cases the company shall have an encroachment agreement with the excavator.

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• Any Kinder Morgan crossings in the area must be marked.

• Any crossing, not shown on the alignment sheet must be reported immediately to the Engineering Records Department for inclusion on as-built drawings.

• Temporarily mark the physical location of a pipeline using yellow flags, laths and/or fluorescent yellow paint per the ULCC Color Code Guide. Use the appropriate marking for the existing and expected surface conditions.

• When feasible, the owner/operator of a facility is identified by the markings at the time the facility is located.

• Locate and mark any KM operated transmission or gathering facility within 50-feet of the excavation work.

• Buoys, poles or PVC markers may be used for submerged underwater facilities in areas such as wide commercially navigable waterways, wetland/waterbodys, offshore and bays. Markers should be placed as close as practical over the facilities that are submerged in such a manner without impeding or creating additional hazards.

• Multiple Company pipelines in the same ROW will be marked individually. Care should be taken at all locations where there are multiple lines in the same ROW (either KM or third party). A sweep of the area should be performed to help identify the intended pipeline as well as any other KM operated lines that may be in the vicinity.

• If there is doubt concerning the location or depth of the line, either request assistance to locate or use soft digging methods to determine exact location.

• All marked locations shall be photographed in accordance with Section 5 – Documentation.

• Treat each updated One-Call ticket as a “new” ticket. Pipeline markings need to be verified or re-marked for each ticket AND new photographs taken. Remarks for each ticket need to be completed in electronic One-Call system. Descriptions and comments need to be completed for each updated ticket, as if it were the only ticket received for the job. Reference to the previous ticket should be noted in comments.

• All One-Calls must be responded to, via the electronic One-Call system, even if there is no conflict with Company facilities.

• Additional notification may be made by phone, fax, or email. The date and name of the person contacted should be recorded in the electronic One-Call System.

3.4.2. Line Locating Equipment used in Locating Upland Pipelines for Marking

Conductive locating (direct connection to the pipeline) is the preferred method for locating Company pipelines.

Line locating equipment will be field checked for proper operation prior to initial use, each day that it is used for locating. Documentation of this check will be recorded in the electronic One-Call system. If Inductive locating is used for locating Company pipelines, a direct positive confirmation by a water probe, probe rod, vacuum truck or other methods must be performed.

Hydrographic surveying techniques may be used to locate facilities in wetland/waterbodys or offshore. When locating offshore and wetland/waterbody facilities, conventional locating techniques may not be applicable. In these cases the company shall have a crossing agreement with the excavator.

3.4.3. Meeting Requirements with Excavator

• Meet with the encroaching party’s representative. Obtain the information needed by the Company concerning the type of activity, crossing, drawings, schedules, blasting plans including charge size and location (if applicable), contact information (names, numbers), etc. Use this opportunity to obtain contractor information for Company’s damage prevention program and to promote the use of the applicable state One-Call systems and the national 811 number.

• Review with the excavator/encroaching party’s supervisor or designated responsible person the requirements of this procedure (O&M Procedure 204 – Construction Near

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Company Facilities) such as scope of the job; location of Company facilities; the requirements for crossing Company lines or facilities; and the requirements that a Company Representative must be on-site whenever work will be done within 25-feet of Company Facilities.

o Required clearance from any underground structure not associated with the pipeline is 24-inches o Company upland pipelines must be exposed per Subsection 3.8 – Excavating Pressurized Lines of this procedure.

• Excavations entered by and performed by Company employees or their representatives must meet the requirements of O&M Procedure 109 – Excavating, Trenching and Shoring

• Special provisions are required when working over or near Dresser coupled lines.

These provisions are outlined in O&M Procedure 237 – Dresser-Coupled Pipelines

• Verify that the information received concerning dates, locations and scope of work is accurate

• The Company representative assigned to locate a pipeline or monitor excavation activities shall complete O&M Form OM200-31 – Line Locate Inspection Report and sign when meeting with the excavator and the line has been physically marked.

• For excavations 25-feet or less from Company assets, contractor should counter sign O&M Form OM200-31 – Line Locate Inspection Report. The original will be given to the third party excavator’s representative on the site during the initial meeting and a copy electronically attached to the ticket in the electronic One-Call system.

• For excavations greater than 25-feet, contractor is not required to counter sign O&M Form OM200-31 – Line Locate Inspection Report. Retain the document for district records

• The form must be re-issued for changes in activities, including, but not limited to:

o Changes in the scope of work that could affect the safety of the line o Changes of affected personnel on the site (excavator, supervisor, etc.)

o Changes to the schedule/work plan, that is, digging faster or moving to another area e.g., across the road.

O&M Form OM200-31 – Line Locate Inspection Report helps assure communications between the Company representative and the third party excavator regarding the planned or actual date(s) of excavation activities. If applicable, the form should include any observation waivers granted and the basis on which the exception was granted, with instructions to contact the KM Employee if any of the conditions, which was the basis for exception, change. O&M Form OM200-31 – Line Locate Inspection Report shall be completed when meeting with the excavator. If the excavator refuses to sign, the Company representative will so indicate on the form.

3.5. Surveillance, Awareness and Reporting

Be alert for upcoming projects that may encroach upon or endanger Company operated pipelines or facilities. Construction activity that may involve Company operated pipelines or facilities should be immediately reported to the appropriate supervisor. If the appropriate supervisor cannot be reached, notify the next available supervisor or Gas Control.

The public is often aware of projects, including underground phone, electrical, sewer and water facilities and street construction projects long before work begins. Since rural road construction and land leveling are less publicized, inform area contractors and road crews of Company line locations and the rules regarding construction activity.

Notify Operations Manager or designee of any construction projects that may affect or endanger Company operated facilities. Report any activities on fee owned property to ROW. When construction work is within city or corporate limits or part of a city project, contact city officials and remind them of the Company’s rules and policies. Try to attend any city or county planning

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3.6. Investigating Third Party Construction Activity – Company Not Notified

If a Third Party is seen within 50-feet of, or working over the Company’s pipeline, the excavation and construction activities shall immediately be stopped until the Company facilities have been located and investigated for possible damage.

When Third Party construction activity involving a Company pipeline or facility is started without prior approval, notify the operations supervisor immediately. Contact the Land and Right-of- Way Department to determine the Company’s rights. Inspect the premises immediately and take necessary steps to correct or prevent unsafe conditions.

When physical evidence of an unmonitored encroachment over the pipeline is discovered, the area must be investigated to determine if an excavation is required, an informational ERL must be issued and the event documented in the Company incident-tracking database (STARS or CIRTS (Comprehensive Incident Reporting and Tracking System)). If an excavation is required, the pipeline shall be inspected for damage in conformance with existing company procedures. Upon discovery of pipeline damage, an ERL notification shall be initiated and the occurrence treated as an Abnormal Operation in conformance with O&M Procedure 1902 – Abnormal Operation.

High Consequence Areas: When physical evidence of encroachment over the pipeline is discovered in an HCA that was not monitored, the area must be excavated near the encroachment or an above ground survey must be conducted using methods defined in NACE

RP-0502-2008.

When land leveling or improvements involving a Company pipeline or facility are started without prior approval, notify the operations supervisor immediately. Contact the Land and Right-of- Way Department to determine the Company’s rights. Inspect the premises immediately and take necessary steps to correct or prevent unsafe conditions.

If excavation or other activities are identified within the Company’s pipeline easement that are not allowed by the pipeline easement or permit agreement, the activities shall be stopped until an agreement is reached. If excavation activities continue, local management should be advised and the Company’s Legal Department and/or local law enforcement authorities may be called for assistance.

3.7. Inspecting Construction Activity – KM Notified

Excavation Monitoring (periodic monitoring) – For excavations between 25-feet and 50-feet from a Company upland facility. A properly trained and OQ qualified Company representative shall periodically monitor the excavation to assure that the work is continuing as planned.

Excavations greater than 50-feet from a Company facility should be monitored as necessary.

On-Site Monitoring (mandatory monitoring) – When construction activity is within 25-feet of the Company operated transmission or gathering land pipeline facilities, a properly trained and OQ qualified Company representative shall, unless excepted by Subsection 3.7.1. – Waiver to On-Site Monitoring, be on site.

Excavation Observation – Observation is mandatory when excavation activity is within 10-feet of the upland pipeline. When an excavation is within 10-feet of a Company facility a properly trained and OQ qualified Company representative shall be continuously present during all excavation and backfilling activities to observe compliance with agreed upon design/specification/scope of work and to ensure the excavation and backfilling criteria are being met. If a Company representative is not observing the activities, absolutely no work is to be allowed.

The Company Observer shall be aware of the hazards of operating equipment and shall use audible warning devices to warn equipment operators of impending danger or threat to the safety of personnel or facilities. The audible warning device should be a whistle or other approved

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Monitoring and Observation Offshore and in Wetland/Waterbodys - When the construction activity affects a company facility, that is located offshore or in a wetland/waterbody; conventional observation and monitoring methods are not applicable in many respects. To mitigate encroachment issues the company shall use an encroachment agreement. The company, at its discretion will utilize either a OQ qualified company representative to monitor the encroachment activities and communicate with the foreign facility personnel and divers to enforce the terms and conditions of the encroachment agreement.

If the excavation results in a foreign utility crossing of KM’s pipeline, the KM representative shall complete O&M Form OM200-01 – Foreign Structures Report or the Streamline Crossing Encroachment Report. If the excavation results in a metallic object crossing also complete O&M Form OM200-03 – Underground Structure Crossing Report. If the excavation results in the exposure of a KM pipeline, the KM representative shall complete O&M Form OM200-02 – Pipeline Examination Report. The KM Representative must have the appropriate operator qualifications to perform the duties and complete each form.

A KM representative may give permission for work to be performed over the pipeline without being on site. Prior to giving permission, the KM representative must have marked the pipeline (unless exempted by Subsection 3.4 – Marking Underground Structures) and assured themselves that there is no risk to the pipeline from grading operations or excavation activities, where the depth of the pipeline is known to be below plow depth. Work is defined as digging or disturbing the soil, moving any heavy equipment over the pipeline with less than the required cover.

In the event of parallel encroachments or other circumstances where the excavation activities will require a Company representative to be present for a long duration, and there is to be no crossing of the Company’s pipeline, the contractor’s work schedule shall be provided to the Company and a meeting held with Company inspector(s) when necessary to review the schedule.

Any deviations to the schedule will require advance Company approval.

Company representatives should be aware of the O&M Form OM200-29 – Guidelines for Design and Construction near Kinder Morgan Operated Facilities during construction near Company facilities:

When an encroachment by:

• 1 st Party – KM (Company) excavation

• 2 nd

Party – Contract Representative doing work for KM

• 3 rd

Party – Excavator not affiliated with KM or acting as a representative of KM involves any one of the following conditions, the Damage Prevention Supervisor, Operations Supervisor or their designee must be contacted to determine if additional precautions need to be taken to protect the Kinder Morgan Pipeline. This discussion will be documented in the electronic one-call system:

• Excavation less than 10-feet

• Foreign line crossing

• Exposed KM pipeline

• Parallel construction within 25-feet

3.7.1. Waiver to On-site Monitoring

When the scope and location of the proposed excavation is greater than 10-feet from the Company’s asset and there appears to be no benefit to being continuously present to protect the asset, a waiver to the observation may be granted.

Examples where this may be applicable include, but are not limited to:

• Excavation, such as paving or digging foundation footings on private property when the pipeline is under the city street or on the opposite side of the road.

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• Replacing utility poles when the utility easement is offset from the pipeline at a distance greater than 10-feet and guy wires will not encroach upon the easement.

• Excavation on the other side of an immovable barrier or natural demarcation, such as, construction separated from our pipeline by railroad, or stone/concrete fence, etc.

• Other digging that will not damage the pipeline, i.e. hand digging, shallow/well defined.

• Concrete Barriers installed between the area of excavation and the KM pipe

• Permanent or temporary fencing installed between the area of the excavation and the KM pipe

• Video monitoring

• Other situations where the activity will not affect the pipeline.

Care should be taken to ensure that the scope of work does not include utility work that could potentially cross the pipeline or that the pipeline is not within the designated excavation area (white lined area).

Note: KM does not have the authority to waive a State One-Call requirement.

When seeking a waiver to continuous monitoring, for construction within 25-feet but greater than 10-feet of the pipeline, the KM Line Locator must contact the Damage Prevention Supervisor, Area Manager or Operations Supervisor to get their concurrence. After approval, the site should be monitored periodically to ensure work remains within the original scope.

• The justification, date and time of the concurrence and the name of the person granting the exception must be recorded in the notes section of the electronic One-Call system and the “waiver” box checked.

• The person granting the exception must also record the decision and the basis for the decision in their records.

3.7.1.1. Exceptions to Company Personnel Observing/Monitoring Excavation and Backfilling Activities

• Operations Management will decide when it is necessary to use a contract representative to monitor excavation and/or backfilling activities.

• The Damage Prevention Supervisor will follow the appropriate Company procedure(s) for selection and contracting of a contract representative.

• The Damage Prevention Supervisor will coordinate with the Operations Manager to ensure that the contract representative has completed the required training and approve the Operator Qualification (OQ) credentials.

• The Damage Prevention Supervisor must confirm proficiency and knowledge of covered procedures and training for the contract representative.

• OQ Requirements for KM Representatives: As a minimum the contract representative shall be Operator Qualified on the following tasks:

OQ Requirements Set ‘A’ o 01.01.01 Abnormal Operations o 04.01.03 Visual Inspection of Buried Pipe and Components When Exposed* o 08.02.01 Damage Prevention During Excavation Activities o 14.02.01 Backfilling o 14.05.01 Underground Clearances o 14.08.01 Cover o 14.10.01 Line Markers o 14.13.01 Protection When Minimum Cover Not Met o 14.09.01 Inspection: Compliance with Procedures & Standards

* For purposes of Section title “Exception to Company Personnel Observing/Monitoring Excavation and Backfilling Activities” this OQ is only required for those contractor representatives who will actually be required to perform the work covered by this OQ as part of their contracted work.

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• The Damage Prevention Supervisor will be responsible for ensuring that the contract representative has reviewed, understands and provides proper documentation of the following the Company Operating & Maintenance (O&M) Procedures:

o O&M Procedure 109 – Excavating, Trenching and Shoring o O&M Procedure 159 – Incident Reporting and Investigation o O&M Procedure 166 – Safety Hazard/Near Miss Reporting o O&M Procedure 168 – Safety Orientation o O&M Procedure 204 – Construction Near Company Facilities o O&M Procedure 205 – Pipeline Markers and Cover o O&M Procedure 214 – Reporting Pipeline Safety-Related Conditions

• The Operations Manager will communicate to the Director of Operations the intent to utilize a contract representative for excavations and/or backfilling activities within their area of responsibility.

• The Director of Operations will review the need to utilize contract inspectors and if deemed necessary will conditionally approve the use per project.

• Final approval to use contract inspectors will not be given until all training is completed.

• The Damage Prevention Supervisor will be responsible for ensuring that the contract representative has reviewed, understands and provides proper documentation of the following the Company Construction Inspection procedures:

o Construction Inspection Section CON0020 – General Requirements o Construction Standard C1010 – Clearing, Grading and Site Preparation o Construction Standard C1100 – Backfilling o Construction Standard C1160 – Horizontal Directional Drilling

• The Damage Prevention Supervisor will be responsible for ensuring that the contract representative has reviewed, understands and provides proper documentation of the Kinder Morgan Contractor Safety Manual.

• The Damage Prevention Supervisor will be responsible for providing copies of the training requirements stated above to the Operations Manager for approval, then to the Director of Operations for review and approval before proceeding with the use of contract representatives during excavations and backfilling activities on existing Company right-of-ways and property. Including the following:

o Confirmation of the completion and acceptable scores of the OQ training stated above.

o Copies of O&M Procedures, Construction Inspection Manual and Contractor Safety Manual - signed and dated by the contract representative as well as the project manager or their designee.

o A general summary that identifies the planned excavation and backfilling activities.

• The Director of Operations will:

o Provide confirmation to the Damage Prevention Supervisor and Operations Manager, via email, if they are in agreement that all training requirements have been satisfied and use of the contract representative for monitoring of excavation and/or backfilling activities is approved.

- OR -

o Respond to the Damage Prevention Supervisor and Operations Manager, via email, that training requirements are deficient and the use of the contract representative is NOT approved.

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3.7.2. Kinder Morgan Initiated Excavation Activities

When excavating, Kinder Morgan (1 st Party) and Contractors doing work for Kinder Morgan

(2 nd

Party) have the same obligations to comply with state One-Call laws and follow the practices that we expect from 3rd party excavators. To that end, the person responsible for excavating on behalf of Kinder Morgan will:

• Make notification to the appropriate one-call center of the intent to excavate the pipeline within the required timelines specified by applicable State One-Call Law.

• If the excavation location cannot be specifically identified by landmark, address, legal description or GPS point, identify the proposed area of excavation using white lining prior to notification of the One-Call center.

• Maintain the ticket number from the one-call center that verifies the locate request was requested.

• If multiple excavators for KM are working at the same site, each will have a separate one-call reference.

• When practical the KM excavator will request a meeting with the other facility locator(s) at the job site prior to the actual marking of facility locations.

• An excavation procedure, plan or job scope must be reviewed and approved by the local Damage Prevention Supervisor, Operations Supervisor or Operations Manager, prior to the excavation. The approval will be documented in the electronic one-call system.

• Soft digging (hydrovac or other) may be required, to expose KM facilities, if deemed necessary during excavation review and planning.

• Depending on the complexity of the job, different types of documentation may be used for the excavation plan. Some examples include: Form OM200-31, The Project Management Excavation Procedure for New Construction, The Project Management Excavation Procedure for Existing Facilities, facility drawings, red lined drawings, or other documents.

• Coordinate work that requires temporary or permanent interruption of a facility’s service with the affected facility owner/operator.

• Re-call the one-call center if the facility owner/operator fails to respond to the KM request for a locate (within the timeframe established by the state one-call law).

• Verify that the excavation site is at the correct location as described on the one-call ticket.

• Verify the locate markings and check for unmarked facilities by conducting an electronic and visual sweep of the site. Perform an “electronic sweep” of the white lined area by using a KM approved locator, set to inductive mode. Visually check for such things as signs, markings, and trenches that might indicate underground utilities are present.

• The excavator should review the location of underground facilities with the facility operator prior to excavation.

• The KM Representative on site should have access to the names and phone numbers of all facility owner/operators contacts and the one-call center.

• Reasonable care will be used to avoid damaging underground facilities. The excavation should be planned to avoid damage and or minimize interference with the underground facilities in or near the work area.

• Protect and preserve the staking, marking or other designations for underground facilities until no longer required for proper and safe excavation. If any facility mark is removed or no longer visible, excavation is to be stopped and the facility owner or one-call center is notified to request a re-mark.

• An observer is required to assist the equipment operator when operating excavation equipment around known underground facilities.

• Mechanical excavation is not allowed within the tolerance zone of the underground facility unless otherwise allowed by this procedure.

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• The facility owner/operator is to be contacted, either directly or through the one-call center if an underground facility is not found where one has been marked or if an unmarked underground facility is found. Following this notification work can be continued, unless otherwise in state law, if the work can be performed without damaging the facility.

• Exposed pipeline facilities will be supported and protected from damage.

• The one-call center will be called to refresh the ticket if it is expected that the excavation will continue past the life of the ticket.

• If an underground facility is damaged or is discovered to be damaged, the owner/operator of the damaged facility will be notified either directly or via the one-call center (unless otherwise specified by state law). All breaks, leaks, nicks, dents, gouges, grooves, or other damages to facility lines conduits, coatings or cathodic protection will be reported.

• If the damage results in the escape of any flammable, toxic, or corrosive gas or liquid or endangers life, health, or property 911 and the facility owner/operator is to be notified immediately. Reasonable measures will be taken to protect those in immediate danger (employees, contractors, public), property and the environment until the facility owner/operator or emergency responders have arrived and completed their assessment.

• In the case of an emergency excavation of a KM pipeline, maintenance or repairs may be made immediately provided the one-call center and impacted facility owner/operators are notified as soon as reasonably possible. This includes situations that involve danger to life, health or property.

• Protect all facilities from damage when backfilling an excavation. Trash, debris or other material that could damage existing facilities or interfere with the accuracy of future locates is not to be buried in the excavation.

• For trenchless excavations (boring, etc.) the KM excavator will adhere to all best practices stated in this section.

• All applicable federal and state safety regulations, which include training as it relates to the protection of underground facilities, will be adhered to.

• High Consequence Areas: An excavation in an HCA shall be evaluated for the potential of stress corrosion cracking (SCC) by reviewing the existing conditions with the SCC criteria (refer to O&M Procedure 917 – Stress Control Cracking)

When a KM pipeline is exposed O&M Form OM200-02 – Pipeline Examination Report must be completed by a qualified KM Representative.

3.8. Excavating Pressurized Lines

Tolerance Zone – The tolerance zone is a buffer area around the circumference of the pipeline.

State law and Company operating procedures determine what types of digging may be done within the tolerance zone. The minimum tolerance zone to be observed is 18-inches or state law whichever is more stringent. Refer to Table 1 – Tolerance Zones by State.

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State Tolerance Zone

Alabama 18”

Arizona 24"

Arkansas 18"

California 24"

Colorado 18"

Connecticut 18"

Florida 24"

Georgia 24"

Illinois 18"

Indiana 24"

Iowa 18"

Kansas 24"

Kentucky 18"

Louisiana 18"

Massachusetts 18"

Mississippi 18"

Missouri 24"

Montana 18"

Nebraska 18"

Nevada 24"

New Hampshire 18"

New Jersey 18"

New Mexico 18"

New York 24"

Ohio 18"

Oklahoma 24"

Oregon 24"

Pennsylvania 18"

Rhode Island 18"

South Carolina 24"

Tennessee 24"

Texas 18" + 1/2 Pipe O.D. **

Utah 24"

West Virginia 24"

Wyoming 24”

Table 1 – Tolerance Zones by State

** In Texas, the qualified onsite KM representative may approve for the excavator to dig up to the 18" tolerance zone (for KM facilities only).

Before excavation by powered equipment, the line must be located with a water probe, probe rod, vacuum truck or exposed by hand or other soft digging methods. Probing shall be done during excavation across the entire ditch. Probe bars shall be used to verify depth and to size the line.

Locate the top of pipe and both sides at the point the line is being crossed. When excavating, power equipment shall not dig within the tolerance zone of the pipeline and Probing shall be done during excavation. Pipeline shall be exposed by hand digging, hydrovac, or other soft digging methods only at this point. Be aware of possible side taps and or top taps that have been abandoned or are not reflected on alignments; for known taps additional hand digging may be required.

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18" 18"

18"

18"

Figure 1 – Minimum Tolerance Zone

If a probe rod must be used, inspecting the coating in the excavated area is required and any damaged areas must be repaired before backfilling. DO NOT locate pressurized lines using power equipment.

Power equipment excavation should be done with the equipment positioned parallel to the pipeline unless ROW congestion prevents adequately positioning excavating equipment. Digging across the line with power equipment positioned above the line should be avoided wherever possible.

Care should be used when removing rock adjacent to the pipeline. With any type of rock breaker, the force of the tool should always be directed away from the pipeline. Rock breakers can move in unexpected directions when rock is broken. Use a protective barrier (e.g., wood, rubber) placed between the tool and pipe during this operation. Ensure that the protective barrier is adequate to protect the pipeline integrity should any inadvertent deflection of the tool occur.

If circumstances warrant it a hand held jack hammer or air shovel may be used within the tolerance zone as long as all of the other conditions of this part are met and:

• The tool operator should also exercise caution to avoid placing their body, arms, hands, etc.

between the tool and the pipeline in order to avoid “pinch points” if the tool is deflected.

• The pipeline pressure will be reduced as low as operationally acceptable by the system Gas Control

• The excavation meets…