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24-094.00Phillips66PipelinePinesRdBNSFGradeSeparationProject
Utility Construction Agreement Utility Name&Address Phillips 66 Pipeline LLC Work by Utility- LOCAL AGENCY Cost Attn: Manager, Joint Ventures 2331 CityWest Blvd. Houston, TX 77042 Agreement Number Project Title/Location 24-079 Pines Rd/BNSF Grade Separation Project Route Cross Streets SR 27 From SR 270 to Pinecroft Way Estimated Agreement Amount $ 1,331,304.00 This Utility Construction Agreement ("Agreement") is made and entered into between the City of Spokane Valley ("LOCAL AGENCY")and Yellowstone Pipe Line Company ("Utility"); hereinafter referred to individually the "Party" and collectively the"Parties." Recitals 1. The LOCAL AGENCY is planning the construction or improvement of the Pines Rd/BNSF Grade Separation Project, and in connection therewith, it is necessary to remove and/or relocate and/or construct certain facilities owned by Utility(hereinafter "Work") as identified in Exhibit A. 2. The LOCAL AGENCY is responsible for the cost of the Work affecting the Utility's facilities located within the Project area pursuant to a documented ownership of and/or interest in real property, such as an easement, fee title, or court finding of prescriptive right, which is impacted by the LOCAL AGENCY project. 3. The Work shall include all materials, equipment, labor, contract administration (including overhead)and any other cost or effort required to perform the relocation, construction, and/or removal of the Utility's facilities. 4. It is deemed to be in the best public interest for the Utility to perform the Work, which includes relocation and construction of its own facilities for the transmission of liquid petroleum. Now, therefore, pursuant to and in consideration of the terms, conditions, covenants, and performances contained herein, as well as the attached Exhibits A through E which are incorporated and made a part hereof, The Parties mutually agree to the following: 1. Construction, Inspection, and Acceptance 1.1 Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, dated 01/2003, is adopted and made a part of this Agreement as if fully contained herein. 1.2 Betterment: A betterment is any improvement to the Utility's facilities not required by code, regulation, standard industry practice, or any other applicable regulation. If any of Page 1 of 9 the Work constitutes a betterment as defined in the Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the Utility is solely responsible for the costs of the portion and proportion of the Work that constitutes a betterment. 1.3 Accrued Depreciation: Accrued depreciation may be applied to any of the Utility's major facilities, such as a building, pump station, power plant, etc. Accrued depreciation shall not apply to the Utility's primary facilities, such as pipelines, conductors, poles, cable, conduit, etc. If any Utility facility does qualify for an adjustment due to accrued depreciation as defined in Program Guide: Utility Relocation and Accommodation on Federal Aid Highway Projects, the costs are calculated according to the formula in the Program Guide and the result is shown as a Utility cost in Exhibit B Cost Estimate. 1.4 The Utility shall furnish the labor, materials, equipment, and tools required for and perform the Work per the plans and specifications in Exhibit A, including but not limited to scheduling, construction, removing and/or relocating the Utility's facilities. 1.5 If the Utility is not adequately staffed or equipped to perform all the Work required herein, the Utility may have all or part of this Work done by a contract let by the Utility, as follows: 1.5.1 Before contracting out any Work, the Utility shall obtain written authorization from the LOCAL AGENCY, and the LOCAL AGENCY may require the Utility to advertise and solicit bids for the contract Work. 1.5.2 If the LOCAL AGENCY requires the Work to be advertised and bid, the Utility shall provide a copy of all bid documents to the LOCAL AGENCY twenty-one (21) calendar days prior to the advertisement date, or as specified in Exhibit A, for the LOCAL AGENCY comment. 1.5.3 The Utility shall notify the LOCAL AGENCY at least three(3)working days in advance of the location and time of the bid opening so that the LOCAL AGENCY representative may attend the bid opening. 1.5.4 The Utility shall supply a copy of the three lowest bids with itemized bid amounts to the LOCAL AGENCY within seven (7)calendar days of bid opening. 1.5.5 If the Utility elects to use other than the lowest bid contractor, the Utility shall provide written justification to the LOCAL AGENCY for the use of that contractor and bid price. The LOCAL AGENCY shall review the Utility's written justification, and if the LOCAL AGENCY does not agree therewith and the Utility awards the bid to other than the lowest bid contractor, the Utility shall be responsible for the cost difference between the amount of the lowest bid and the amount of the awarded contract. 1.5.6. This Section shall not apply to contract employees performing work for the Utility in the ordinary course of its business. 1.6 If the Utility desires to have the Work performed under an existing contract, the LOCAL AGENCY may require the Utility to provide the LOCAL AGENCY with a copy of the contract for the LOCAL AGENCY's written approval of the contractor and contract charges; provided, however, that this provision shall not apply to contract employees performing work for the Utility in the ordinary course of its business. Page 2 of 9 1.7 The Parties agree that nothing in the LOCAL AGENCY's approval of a Utility contractor or bid shall be for the benefit of the Utility; all such approvals, whether written or verbal, shall be solely for the benefit of the LOCAL AGENCY and shall not establish a contractual relationship among the LOCAL AGENCY, the Utility, and the Utility's contractor. 1.8 All of the Utility's Work under this Agreement shall be subject to the LOCAL AGENCY inspection for the sole benefit of the LOCAL AGENCY's payment, and/or the LOCAL AGENCY project. The Utility shall promptly notify the LOCAL AGENCY in writing when the Work is completed. The LOCAL AGENCY shall inspect the Work for compliance with the Exhibits attached to this Agreement. The LOCAL AGENCY will notify the Utility in writing of any non-compliance that would impact the LOCAL AGENCY's payment, state highway and/or the LOCAL AGENCY project. The Utility agrees to make the necessary changes to satisfy the LOCAL AGENCY requirements or adjust the invoice. The LOCAL AGENCY's inspection shall not reduce or modify the Utility's responsibility for the Work. 1.9 Upon completion of the Work, the Utility agrees that it shall be solely responsible for all future ownership, operation and maintenance costs of its facilities, without the LOCAL AGENCY liability or expense. 2. Authority to Begin Work and Work Schedule 2.1 The Utility agrees not to begin Work until the LOCAL AGENCY has provided written notice, authorizing the Utility to begin Work. The LOCAL AGENCY shall not be obligated to reimburse the Utility for any Work performed before the date of notification. 2.2 The Utility agrees to schedule and perform the Work in such manner as not to delay or interfere with the LOCAL AGENCY's contractor in the performance of the LOCAL AGENCY's project. The Utility shall be responsible for any costs resulting from delay of, or interference with, the LOCAL AGENCY's project contractor, to the extent the delay or interference is attributable to the Utility or the Utility's contractor. 3. Compliance 3.1 To the extent applicable, the Utility agrees to comply with all applicable requirements of the LOCAL AGENCY in accordance with the Utilities Accommodation Policy, Chapter 468-34 WAC, and amendments thereto, and said policy and amendments are hereby incorporated in and made a part of this Agreement for all intents and purposes as if fully set forth herein. 3.2 The Utility agrees to comply with all applicable Washington state and federal laws and environmental requirements of any jurisdictional agency and is responsible for obtaining any necessary environmental permits required in order to perform the Work. 3.3 The Utility agrees to obtain and comply with any other permits from any jurisdictional agency that are required in order for the Utility to perform the Work. 3.4 In performing under this Agreement, the Utility shall comply with the Rebuilding America's Infrastructure with Sustainability and Equity (RAISE) Grant Provisions to the extent applicable to Utility. The pertinent RAISE Grant provisions include, but are not necessarily limited to the items identified in Exhibit C of this Agreement. Page 3 of 9 4. Payment 4.1 The LOCAL AGENCY is responsible for the cost of the Work, excluding all betterment work, for the Utility's facilities that are located pursuant to a documented ownership interest in real property, such as an easement, fee title, or court finding of prescriptive right, which are impacted by the LOCAL AGENCY project, as shown in Exhibit A. Exhibit B contains an itemized cost estimate of the LOCAL AGENCY-responsible costs for the Work to be performed by the Utility. 4.2 The LOCAL AGENCY, in consideration of the faithful performance of the Work to be done by the Utility, agrees to reimburse the Utility for the actual direct and related indirect cost of the Work, excluding all betterment work, for which the LOCAL AGENCY is responsible as defined in Exhibits A and B. The Utility agrees to invoice the LOCAL AGENCY and provide supporting documentation for all charges, and the LOCAL AGENCY agrees to pay the Utility within thirty(30) days of receipt of an invoice. Payments shall not be more frequent than one per month. A partial payment will not constitute agreement as to the appropriateness of any item and that, at the time of final invoice, the Parties will resolve any discrepancies. 4.3 The Utility shall submit a final invoice to the LOCAL AGENCY within one hundred eighty (180)calendar days following completion of the Work. In the event that the final invoice reveals an overpayment to the Utility, the Utility agrees to refund such overpayment to the LOCAL AGENCY within thirty(30) days. 5. Change in Work or Cost Increase 5.1 The LOCAL AGENCY agrees that the amounts shown in Exhibit B may not reflect the actual costs of the Work. Should the Utility determine that any cost itemized in Exhibit B for which the LOCAL AGENCY is responsible might exceed the cost estimate by more than ten (10) percent, the Utility shall immediately notify the LOCAL AGENCY before performing any Work in excess of the sum of said itemized cost estimate plus ten (10) percent thereof("Allowed Overage"). The LOCAL AGENCY and the Utility will, if necessary, amend Exhibit B to revise the cost estimate before the Utility incurs costs above the Allowed Overage. 5.2 Should it be necessary to modify the Scope of the Work, the Utility agrees to immediately notify the LOCAL AGENCY of all proposed changes, and the LOCAL AGENCY agrees to provide written notice of its acceptance or rejection of the change(s), in writing, within ten (10) working days. 6. Franchise, Permit or Easement 6.1 The Utility shall apply for a permit, franchise, or an amendment to its current franchise for those new or modified Utility facilities that will be located within the LOCAL AGENCY's right of way. After receiving the application, the LOCAL AGENCY will issue the Utility a permit or a new or amended franchise. 6.2 Upon completion of the Work covered under this Agreement, the Utility agrees to prepare, execute and deliver to the LOCAL AGENCY a quit claim deed for all existing easements, fee title, or court finding of prescriptive right, which are no longer necessary for the Utility's facilities, if any, and which may be vacated as a result of the relocation of Utility facilities. Page 4 of 9 6.3 If and in those instances where the Utility must relocate facilities to be within or across LOCAL AGENCY's right-of-way, then the LOCAL AGENCY agrees to grant or issue the Utility a permit or franchise for those Utility facilities which will remain on or which cross the LOCAL AGENCY's right-of-way and for which the Utility previously had an easement,fee title or court finding of prescriptive right. 7. Right of Entry 7.1 Subject to the Utility obtaining all required permits and meeting any other requirements for Work conducted within the publicly owned right-of-way, the LOCAL AGENCY hereby grants the Utility a right of entry upon all land in which the LOCAL AGENCY has interest for the purpose of performing the Work. Upon completion of the Work, this right of entry shall terminate except as otherwise provided in Section 6. 7.2 The Utility agrees to comply with applicable requirements concerning entry onto state- owned rights of way. 8. General Provisions 8.1 General Indemnification: Each Party ("Indemnifying Party") shall indemnify and hold harmless the other Party and its agents, employees, and officers(collectively, "Indemnified Party")against any and all claims, liabilities, demands, suits at law or equity,actions, penalties, losses, damages(both to persons and/or property), or costs, of whatsoever kind or nature ("Claims"),that(1)are brought against the Indemnified Party, and (2)arise out of either the negligent, intentional, reckless, or willful misconduct of the Indemnifying Party, the Indemnifying Party's agents or its employees. If and to the extent that such Claims are caused by or result from the concurrent negligence of the Parties, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid and enforceable only to the extent of the intentional or negligent acts or omissions of the Indemnifying Party, and provided further, that nothing herein shall require the Indemnifying Party to hold harmless or defend the Indemnified Party from any Claims arising from the sole negligence of the Indemnified Party. The Parties agree that the Indemnifying Party waives its immunity under Title 51 RCW for purposes of this indemnification provision, and that this waiver was mutually negotiated by the Parties. This indemnification shall survive any termination of this Agreement. 8.2 Environmental Indemnification: Utility shall indemnify, defend, and hold harmless LOCAL AGENCY from and against any and all liability, loss, damage, expense, actions and claims,either at law or in equity, including, but not limited to, costs and reasonable attorneys'and experts'fees incurred by the LOCAL AGENCY, arising from Utility's negligent or intentional actions (except to the extent of the LOCAL AGENCY's negligence) which arise directly or indirectly from(a) Utility's breach of any environmental laws applicable to the pipeline subject to this Agreement, or(b)from any release of a hazardous substance on or from said pipeline, or(c)other activity related to this Agreement by Utility, its agents, contractors or subcontractors. This indemnity includes but is not limited to(a) liability for a governmental agency's costs of removal or remedial action for hazardous substances; (b)damages to natural resources caused by hazardous substances, including eh reasonable costs of assessing such damages; (c) liability for any other person's costs of responding to hazardous substances; (d) liability for any costs of investigation, abatement, correction, cleanup,fines, penalties, or other damages arising under any environmental laws; and (e) liability for personal injury, property damage, or economic loss arising under any statutory or common-law theory. Page 5 of 9 8.3 Insurance: Utility shall (1) maintain the insurance, guarantees, and self-insurance identified in Section 15 of Utility's franchise with LOCAL AGENCY (i.e. Section 15 of City of Spokane Valley Ordinance 21-022, and all amendments thereto); and (2) provide LOCAL AGENCY with properly executed certificates of insurance, guarantees, and any other necessary documentation establishing that the insurance, guarantees and self- insurance identified in Section 15 of said franchise cover the Utility's indemnification responsibilities and performance of the Work identified in this Agreement. 8.4 Certification Regarding Debarment, Suspension, and Other Responsibility Matters— Primary Covered Transactions. A. By executing this Agreement, the Utility certifies to the best of its knowledge and belief that it and its principals: (1) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency; (2) Have not within a three-year period preceding this proposal been convicted of or had a civil judgment, including a civil settlement, rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public(Federal, State or local)transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; (3) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity(Federal, State, or local)with commission of any of the offenses enumerated in paragraph (a)(2)of this certification; and (4) Have not within a three-year period preceding this application/proposal had one or more public transactions (Federal, State or local)terminated for cause or default. B. Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. C. Utility shall require all subcontractors submitting bids or proposals to complete any work in connection with this Agreement to provide the following certification with its bid/proposal: (1) The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participating in covered transactions by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal. Page 6 of 9 8.5 Disputes: If a dispute occurs between the Utility and the LOCAL AGENCY at any time during the prosecution of the Work,the Parties agree to negotiate at the management level to resolve any issues. Should such negotiations fail to produce a satisfactory resolution,the Parties agree to enter into mediation before proceeding to any other legal remedy. Each Party shall be responsible for its own fees and costs. The Parties agree to equally share the cost of a mediator. 8.6 Venue: In the event that either Party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this Agreement, the Parties agree that any such action or proceedings shall be brought in the superior court situated in Spokane County, Washington unless filing in another county is required under any provision of the Revised Code of Washington. Further, the Parties agree that each shall be responsible for its own attorneys'fees and costs. 8.7 Termination: 8.7.1 The Utility understands that the LOCAL AGENCY retains the right to terminate this Agreement for convenience upon thirty(30)calendar days written notice to the Utility. In the event that the LOCAL AGENCY exercises this termination right, the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.2 In the event funding for the Work is withdrawn, reduced, or limited in any way after the execution date of this Agreement and prior to normal completion, the LOCAL AGENCY may terminate the Agreement upon less than the thirty(30) calendar day notice requirement in section 8.4.1, subject to renegotiation at the LOCAL AGENCY's sole option pursuant to the revised funding limitations and conditions. In the event that the LOCAL AGENCY exercises this termination right,the LOCAL AGENCY will reimburse the Utility for all allowable costs under this Agreement incurred prior to the date of termination, including the costs of materials procured for use in the project through the date of termination, unless said materials can be deployed to other projects. 8.7.3 In the event Utility materially breaches this Agreement,then the LOCAL AGENCY may terminate this Agreement if Utility does not cure the breach within ten(10)days after receiving written notice of the breach. 8.8 Amendments: This Agreement may be amended by the mutual agreement of the Parties. Such amendments or modifications shall not be binding unless put in writing and signed by persons authorized to bind each of the Parties. 8.9 Independent Contractor: Both Parties shall be deemed independent contractors for all purposes,and the employees of each Party and any of its contractors, subcontractors, consultants, and the employees thereof, shall not in any manner be deemed to be the employees of the other Party. 8.10 Audit and Records: During the progress of the Work and for a period of not less than six (6)years from the date of final payment. The Utility shall maintain the records and accounts pertaining to the Work and shall make them available during normal business Page 7 of 9 hours and as often as necessary, for inspection and audit by the LOCAL AGENCY, State of Washington, and/or Federal Government and copies of all records, accounts, documents or other data pertaining to the Work will be furnished upon request. The requesting Party shall pay the cost of copies produced. If any litigation, claim, or audit is commenced, the records and accounts along with supporting documentation shall be retained until any litigation, claim or audit finding has been resolved even though such litigation, claim or audit continues past the six-year retention period. 8.11 Working Days: Working days for this Agreement are defined as Monday through Friday, excluding Washington State holidays per RCW 1.16.050. 8.12 Exhibits: The following Exhibits are part of this Agreement and fully incorporated as terms of the Agreement: a. Exhibit A. Plans and Specifications b. Exhibit B. Cost Estimate c. Exhibit C. Assurance of Compliance with Applicable Federal Law 8.13 Notices: Whenever notice to Utility or LOCAL AGENCY is called for in this Agreement, said notice shall be delivered to the receiving Party at the physical address identified below, unless different direction was provided in writing: If to LOCAL AGENCY: If to Utility: John Hohman Chris Church City Manager Area Supervisor City of Spokane Valley Yellowstone Pipeline Company 10210 E Sprague Avenue 6317 E Sharp Avenue Spokane Valley, WA 99206 Spokane Valley, WA 99212 509-720-5000 509-536-8413 8.14 Waiver: No officer, employee, agent, or other individual acting on behalf of either Party has the power, right, or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law shall be taken and construed as cumulative and in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof shall in no way be construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 8.15 Assignment and Delegation: Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other party. 8.16 Entire Agreement: This Agreement constitutes the entire and complete agreement between the parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified, or altered except in writing signed by the Parties. Page 8 of 9 In Witness Whereof, the Parties hereto have executed this Agreement as of the day and year last written below. Local Agency Utility By: i By: B Printed: -14 J pE Printed: —D m u.✓v T. B2oa K S Title: j Title: AlitiOteil (A-11 hvy,a le,( ev-re,,e,v4--/-_Du.. r' Date: A\31-,--I\ JI Q 2 , Date: Apa t J1o� ,_z 4 Page 9 of 9 Exhibit A Plans&Specifications 3 PINES ROAD/BNSF GRADE SEPARATION r i } PHILLIPS 66 PETROLEUM PIPELINE REALIGNMENT m - f n . � m PREPARED FOR ; m., wa 1, i M,.. PHILLIPS 66 PIPELINE LLC -- PREPARED BY ....-n^ /7IONEER 1 715MVICIL F57PPR'1X/NL.' www.µ,n«w 82-5tmal rn,i ,406)7825177 i AUGUST 21,2023 SPOKANE VALLEY t t ."-AL i,„,,nowiligroi` ' 04rl OCAJECT� LOCATION milwirre li *soil!"II A ,..._._ WI ' - : • ,,.....••• .......:1. 1 Illiw SITE VICINITY MAP <IILi 1 .,. 141100 54.,m ,..SHARED\,4rM PROMCMP115.1.46...,MO.o CAM..10511.w0. 1.....w. LEGEND SHEET INDEX T DOMING DERCPJPT1011 PROPOSED DESCRIPTION G660 INDEX CONTOUR 8560 PROPOSED INDEX CONTOUR SHEET LIST TABLE — _. _.. SHEET NUMBER SHEET TITLE -.. _. _.. ----- -- INTERMEDIATE CONTOUR PROPOSED INTERMEDIATE CONTOUR . • ROAD ____ ROAD 1 COVER SHEET r INSICeilf,S, 2. 2 LEGEND,SHEET INDEX,AND GENERAL NOTES I- RAILROAD FIBER OPTIC _ 3 EXISTING CONDITIONS 1O — mn - FIRER OPTIC GAS LINE n.n w:Tne.r; 4 PINES ROAD GAS PIPELINE PLAN AND PROFILE GAS UNE —pH'— OVERHEAD POWER s OVERHEAD POWER. —OTEL.— OVERHEAD TELEPHONE 14.03 owes neT -.--- OVERHEAD TELEPHONE —SS— SEWER LINE eeiwa P.m • SEWER LUTE —SO— STORM DRAIN STORM DRAIN —t -- UNDERGROUND POWER •_. UNDERGROUND POWER. —UTEL— UNDERGROUND TELEPHONE -- UNDERGROUND TELEPHONE —MR— WATERLNE -- WATER.LIME —S — FLOW UNE `:Ai:iN LEE doomi.2 - WATER PLOW LINE —•-•— CREEK/DRAINAGE ;I - CREEFIDRAIHAGE S S CULVERT CULVERT —XX — FENCE ill --.. PENCE —COM— COIR LOG FO++ Z ----- WATER PLOW DIRECTIONre FF— FILTER FENCE S Q —9F SILT FENCE m —SW— STRAW WATTLE o DETAIL NUMBER SECTION NUMBER a N LAI Z WATER FLOW DIRECTION _ � 4, 4 3 to ALIGNMENT CENTERLINE 6j 9} SHEET NUMBER ON BU F'e 6 WHICH DETAIL OR 3 b SECTION APPEARS SLOPE DESIGNATION N INDICATORS IN PLAN VIEW y 2 3:1 SLOPE DESIGNATION(3H:1VI DETAIL NUMBER OR — SECTION NUMBER I DETAIL OR SECTION TITLE o_ • SHEET NUMBER ON ^F WHICH DETAIL OR CI O AT DETAIL OR SECTION SECTION APPEARS GENERAL NOTES W z I. UTILITY LOCATIONS SHOWN ON THE DRAWINGS ARE APPROXIMATED BASED ON RECORDS PROVIDED BY THE UTILITY OWNERS AND PRELIMINARY LINE LOCATES.NOT ALL UTILITIES ARE NECESSARILY SHOWN,AND UTILITY LOCATIONS THAT ARE SHOWN SHOULD BE CONSIDERED APPROXIMATE.CONTRACTOR IS RESPONSIBLE TO VERIFY UTILITY /1 W LOCATION,ISOLATE ALL UTILITIES PRIOR TO BUILDING DEMOLITION.AND REMOVE ALL UNNECESSARY UTIUTIES UNLESS OTHERWISE REQUESTED BY PIONEER.CONTRACTOR IS RESPONSIBLE FOR PROTECTING AND REPAIRING ANY DAMAGED UTILITIES THAT ARE TO REMAIN ON SITE.CONTRACTOR TO PROVIDE AL LEAST 413-HOUR NOTICE TO UTILITY Ii OWNERS PRIOR TO COMMENCING UTIUTY WORK ACTMTIES. Z 2. CONTRACTOR REQUIRED TO RESPECT ALL RIGHTOF.WAY BOUNDARIES.MID PROTECT ALL DESIRABLE BUILDINGS,EQUIPMENT.INFRASTRUCTURE.MONUMENTS AND OTHER FEATURES INSIDE AND OUTSIDE ANY RIGHTS-OF-WAY. 0^ 3. CONTRACTOR IS SOLELY RESPONSIBLE FOR DESIGN AND CONSTRUCTION OF STABLE,TEMPORARY EXCAVATIONS AS REQUIRED TO MAINTAIN STABILITY OF THE EXCAVATION SIDES AND BOTTOM.ALL EXCAVATIONS SHALL COMPLY WITH ALL LOCAL.STATE,AND FEDERAL REGULATIONS.INCLUDING THE CURRENT OSHA STANDARDS FOR EXCAVATIONS.29 w CFR PART 1926. r� 4. CONTRACTOR TO REPAIR AND REPLACE ANY DESIRED FEATURES THAT ARE DISTURBED DURING CONSTRUCTION TO ORIGINAL CONDITION AS REQUESTED BY PIONEER.CONTRACTOR TO MINIMIZE DISTURBANCE TO ANY PREVIOUSLY RECLAIMED OR WELL VEGETATED AREAS. .. 5. CONTRACTOR RESPONSIBLE FOR IMPLEMENTING AN APPROVED TRAFFIC CONTROL PLAN MEETING THE LATEST EDITION OF THE MANUAL ON UNIFORM TRAFFIC CONTROL DEVICES PRIOR TO THE START OF CONSTRUCTION ACTIVITIES.INCLUDING ALL REQUIRED WARNING SIGNS AND TRAFFIC CONTROL MEASURES.LEGAL LOAD LIMIT REQUIREMENTS I� SHALL BE FOLLOWED ON ALL STATE HIGHWAYS.CITY STREETS.AND COUNTY ROADS.ALL OFF-SITE HAUUNG SHALL BE COORDINATED WITH PIONEER. y� 6. CONTRACTOR TO ABATE AND REMOVE ALL ENVIRONMENTALLY REGULATED MATERIALS PER THE HAZARDOUS MATERIALS ABATEMENT PLAN PRIOR TO BUILDING DISMANTLING AND DEMOLITION, Lt..)T. DURINO DISMANTLING OF BUILDINGS AND EQUIPMENT,CARE SHALL BE TAKEN TO NOT DAMAGE ANYTHING TO BE REUSED.ANY ASSOCIATED EQUIPMENT OR MATERIAL THAT ARE NOT WANTED WILL RE DISPOSED OF PER THE WASTE MANAGEMENT PLAN. �I B. NOT ALL MATERIALS,EQUIPMENT.PIPING.SUMPS.CONCRETE,OR OTHER ITEMS REQUIRING REMOVAL ARE SPECIFICALLY CALLED OUT ON THE DRAWINGS. `'� O. CONTRACTOR SHALL PROVIDE CLEAN WATER AS REQUIRED FOR DUST CONTROL AND COMPACTION. 10.CONTRACTOR TO ACQUIRE ALL PERMITS REQUIRED TO PERFORM THE WORN. IL CONTRACTOR TO MAINTAIN ALL EXISTING DRAINAGE PATTERNS UNLESS OTHERWISE SHOWN ON THE DRAWINGS OR REQUESTED BY PIONEER.TEMPORARY CULVERTS MAY BE REQUIRED DURING CONSTRUCTION.AND WILL BE REMOVED AT NO EXPENSE TO PIONEER WHEN THE WORK IS COMPLETE. 12.CONTRACTOR TO COMMUNICATE CONSTRUCTION ACTIVITIES WITH AU.OTHER CONTRACTORS ON SITE, -- SHEET 2 OF 4 an.-o2a rvW.I. z.\sUiAeONCTIVE P.11:2/s\PAxrPsu 21ESX,A0,22un\5112e1&21-5 PAIO>HOY-23HWG I ''-:- \ 1 __ - - _ N._ _._ -- _--= -'_"---��� / x _ " i' // 1\ v� / " * E1 °g9 ♦ -e t ,,,fi b.,,,7,40 „it , 1,., ,,, ^,. '� Illil w r PINES ROAD/r_ EXISTING CONDTIONS f+! f i i i I pIONEFA' BNSF GRADE SEPARATION �� , c >geFL ze s�vvxZ ztr: PEIILLIPS 66 PIPELINE REALIGNMENT £" 4' wmv.gonceriechnicalconi f406)782-517) S '� STA:4+BB pN51'PAi1 OAD OVERHEAD �� � �'; CONNECT TO EXISTING 10' �� IOATP. pta- PMALIPS 88 PETROLEUM PIPELINE 111 (M,I 7ik 4N4T04Nt� (CONTRACTOR TO CONFIRM EXISTING PIPE DEPTH) -,� INSTALL 70 OyEOREE MHO _ _ ��' _ A_\ STA:4+84 T04+8e 11/ 1 GUv TIRES ��'W INSTALL 30 DEGREE BEND .,� _ �� STA 4+77 T01+7B • , INAVIPI AP CAP at UGnT POSE I t +,TL�' ' G'R/ �- O INSTALL 45 DEGREE BEND • rptspyto.ay opt • eiA:O40 ` ,` ' /p.........../. /O'�'�0 1 w-_..1 i uo CONNECT TO EXISTING 10• ]' 1 OTO' J O . 9 PHILLIPS 66 PETROLEUM PIPELINE-tEl co. v •OAR ` N��(CONTRACTOR TO CONFIRM EXISON0%PE DEPTH) MA7 0 GA•UIS(M.) 14 _09 /�' w ...__.,._.._ �,.-E fiy' I STA:O+DD TOO+Lt 0.11,1 t4 T0. 1 fw/' ,I � �Ar, INSTALL BO 09995E BEND I,,/ PIR/6 F.. / I I tlR 1 3 �! 16.97 :wrnr 00 Off' 4 INSTALL 15 DEGREE BEND i//, ' ^�"' 'I ' � /�aY 10"PIPE LAYOUT DETAILS t 6TA:0+76700+77 _ INSTALL 35 DEGREE BEND(VERTICAL) ,' ' , /�'/ NUMBER UMEA`fIENGTN DESCRIPTION Y.VEJ FER I— - I IX' 17.3 90'BEND" lit �' Q 6.0 10•DIA. POWER(M 1 / / Q9 21 16•BEND W 1 Q LtA 30•D10. tt++� // / Q 2.2 15'BEND1^"�''I • © 73.0 10.DUL 4 pawl SU p pp� ( ' Q 3.7 IO fTA 1+11T Q/M7ALL 60 DEORFCOMMUNICAATONUNNE V p Q .E O. II ® 8.0 03 5 I Ili, 6 INSTALL 90 DEGREE BEND I UNDERGROUND O I o ornc mom 10"PIPELINE REALIGNMENT PLAN VIEW 0 I ii/N/i 'lO ft.wa CONNECT TO EXISTING 10' CONNECT TO EXISTING 10" F+•a^ PIIILLIPS 58 PETROLEUM PIPEUSE PHILLIPS 88 PETROLEUM PIPELINE (((///���I.y IyyI (CONTRACTOR TO CONFIRM (CONTRACTOR TO CONFIRM EXISTING PIPE DEPTH) Oy icy EXISTING PIPE DEPTH) Q Cn IXIOTIJG U GROUND_ 2005 2005 20 PROPOSED 12"STDRMOR661 PIPE 995 96 19 PINEN ORAN PROPOSED 10-STORM DRAIN PIPE 11995 a 1965 �]3 - — -- -' 1985 19a0 Q _... _. M.7T—_...�_.__ ....._. ..._ l ®49®, ® Q 19EG 1975 OD O VIP* �R1985 -- - 1975 E !CROWN WE INVERT J I940m m m I.,.-__ - - .__. .............._. .,,.,...__ ..........._.._ ,,._ 1850 .+ .. N , .(;(ONIG GROUNDI .. 1945 I GIGF/ATOM(TYR. INVERT ELEVATION(FT►.1 ~~ 1945 '1>�>_o m 1940 — M N N 1 0 ot u o 1940 Z2 - a � - q `° u ^ � m �� 2 P � d 0+60 1+00 1+60 2+00 240 3+00 3.50 4400 4+50 SHEET + 10"PIPELINE REALIGNMENT PROFILE I 4 OF 4 4/4/9024132:67 PM 3:VNA6EOWc1IVE PNOMCMVMWP566'.MNENOAD..GDD\BEFFRENCE\PINFSROADSO*EDEMGN REVLDND ATTACHMENT A-1 SCOPE OF WORK YPO2 Pines Road Reroute 1. WORK DESCRIPTION Contractor shall supply all services,supervision,labor,equipment,tools,testing devices,materials, supplies, warehousing, temporary facilities, and utilities, necessary to perform the work unless otherwise specified herein in writing. Contractor shall do each and every act and thing necessary to perform the work in strict accordance with all specifications, drawings, codes, standards, and attachments referenced or listed herein, all of which are expressly incorporated into this Service Order. This Attachment A-1 Scope of Work,for the YPO2 Pines Road Reroute includes,but is not limited to the following. 2. SCOPE OF WORK 2.1 This document covers the furnishing of all material, labor, equipment,tools, supplies,transportation, supervision,and any other items incidental and necessary to complete the YPO2 Pines Road Reroute located in Spokane Valley WA. The scope of work for this project includes the construction of the new pipe lay per the provided engineered profile. This includes all site preparation, pipe string preparation, tic in welds,and site reclamation. Tie In Welds, Nitrogen and purge support, and reclamation will be provided by a 3rd party. • YPO2 Pines Road Reroute— O 10.75"Dia, Length—700', 0.365"wt X52 Pipe Installed o Spokane Valley,WA(see kmz attachment) 2.2 General Information Contractor's work includes but is not limited to: • Installing safety barrier around the work areas as needed. Make any necessary site modifications needed for working access. • Providing other necessary preparations for the pipe string and welding sites and temporary construction workspaces per permit requirements if applicable. • Performing dust control on access roads as needed for construction vehicle traffic. • Prevent damage to roadways on entry and exit sides and provide sweeping/cleaning equipment if necessary. • Provide matting as needed for areas along access road that may require mats for heavy equipment. • Excavation of the new alignment per engineered arrangement,with shoring per OSHA standards • Contractor to supply all equipment necessary to move the pipe string into position and lay it in the ditch • Contractor to provide all equipment,water for hydrotesting. Hydrotest may be 1 hour above ground or 8 hour below ground. Testing determination will be made based on site conditions/thermal control concerns. • Provide and Install Hay Waddles per SWPP Requirements(to be provided later) • Mainline welds of the pipe string, prior-to removal • Backfill of excavation over new and removed-line: 2.3 Site Specific Information • YPO2 Pines Road Crossing Pipe string will be installed in 1 section. Site Specific Geotech provided Crossing is in a highly congested area. Reroute is designed to be tied in outside of the existing Pines Road. Pines Road will not be able to be closed to traffic during construction. 2.4 Related Scope to Be Completed Outside this Contract • See exclusions, Section 8, below. 2.5 Working Hours The work week shall not exceed 6 days per week and 12 hours per day without Company approval. The Contractor shall bear all costs associated with weather shut-downs dictated by Contractor or Company. Please see attached 2023 Construction Non-Working Days document for Company- dictated non-working days this shall be factored into the Contractor's planned work schedule. A Project Kick Off Meeting reviewing Project Safety/Scope will be held prior to the start date of the Project. Contractor Project Management and all Contractor employees to be involved with this project are required to attend. The date/time and location of the Project Kick Off Meeting will be provided to the successful bidder. Contractor will be able to commence with excavation once the meeting is complete. 2.6 General Construction Specifications 2.6.1 GENERAL This specification defines the minimum requirements for the installation of pipeline employing open cut trenched methods. 2.6.2 CODES, STANDARDS,AND REGULATIONS The work described herein is to be constructed to conform to the latest editions of the following codes and standards, in addition to those provided in the main Service Order. If a conflict arises between an industry standard and Company standard, the more stringent requirement shall govern. 2.6.2.1 Industry and Government • ANSI/ASME B31.4 - Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas, Anhydrous Ammonia and Alcohols • API 1104-Standard for Welding Pipelines and Related Facilities • ASME Section IX — Qualification Standard for Welding and Brazing Procedures, Welders, Braziers, and Welding and Brazing Operators • Department of Transportation CFR Title 49, Part 195 - Transportation of Hazardous Liquids by Pipeline • NFPA 70- National Electrical Code(NEC) • AWS, American Welding Society • OSHA Standards CFR Title 29, Part 1910 • SSPC- Society for Protective Coatings 2.6.2.2 Company Standards • MPR-2203 Smoking Guidelines • MPR-2303 Public Education—One Call System • MPR-2702 Foreign Pipeline Utility Crossings • MPR-2836 List of Pressure Testing Forms • MPR-4003 Safety Precautions-Precautions at Job Site • MPR-4010 Excavations • MPR-4103 Evaluation and Repair of External and Internal Pipeline Defects and Anomalies • MPR-4105 Cleaning and Coating of Buried Pipe • MPR-4106 General Line and Equipment Maintenance — Cleaning and Coating at Transition Areas • MPR-4108 Backfilling& Clean-up • MPR-4111 General Line and Equipment Maintenance- Pipe Storage a MPR-4112 General Line and Equipment Maintenance- Line Locating Guidelines a MPR-4204 Full Encirclement(Type B) Sleeves • MPR-4205 Road and Railroad Crossings • MPR-4401 Welding Procedures and Welder Qualification • MPR-4406 Repair or Removal of Defects by Grinding or Welding • MPR-6009 Inspections and Testing- Non-Destructive Testing of Girth Welds • MPR-6010 Inspections and Testing-Magnetic Particle and Dye Penetrant Inspection • MPR-6012 Procedure for Weld Radiographs • MPR-6101 Pressure Testing—General • MPR-6102 Pressure Testing Safety • MPR-6103 Hydrostatic Testing—Environmental Considerations • MPR-6105 Pressure Testing - Mainline Testing Procedure • MPR-6106 Pressure Testing—Recordkeeping • MPR-6107 Pressure Testing—Pre-Testing Replacement Pipe • MPR-7007 Test Stations • TRP-3006 Recommended Practice for Pipeline Hydrostatic Test Planning • TSP-3001 Field Bends • TSP-8002 Plant Applied Fusion Bonded Epoxy Coating Specification • TSD-3402 Standard for ILI Reference Points • Employee Safety Handbook, Pipelines and Terminals Health & Safety • Machine Guarding Policy • HSE Clarifications • Safety—Fatigue Risk Management Policy Compliance by the Contractor with the provisions of the specifications does not relieve him of his responsibility to properly install the pipeline, equipment and accessories to meet the specified service. Copies of the above Company standards will be provided by the Company. 2.6.2.3 Permits and Environmental Standards Company will obtain the necessary environmental and ROW permits for the construction. Details of the permit conditions are provided by the Company, including the Storm Water Pollution Prevention Plan(if required). Contractor shall obtain a permit for withdrawing hydrostatic test water if required, and comply with agency conditions if the water source is obtained from municipal or government agency sources. 2.6.2.4 Drawings to be Provided by Contractor none 3. ENVIRONMENTAL The Contractor shall comply with all environmental requirements provided by the Company. Upon request from Company,the Contractor shall provide for review and approval,a written description,site plan and related materials which describe the equipment to be used during project. 4. SAFETY The Contractor shall at all times provide for the safety of all pipeline construction personnel and the general public during construction operations by: 4.1. Restricting access to the immediate work area to only the personnel engaged in the actual operation of the equipment. 4.2. Prohibiting major pipeline work in and around the work site and excavation not directly associated with the work taking place. 4.3. Installing construction warning signs. 5. PROTECTION OF UNDERGROUND FACILITIES The Contractor shall, prior to commencing excavation, contact the appropriate utility locating service specific to each site, positively locate and stake all existing underground facilities and modify construction practices and down hole assemblies to prevent damage to underground or aboveground facilities.The Contractor shall be responsible for all losses and repairs occasioned by damage to under- ground facilities resulting from excavation and construction if the damage is due to deviations of allowable tolerances from the proposed profile provided by the Company.See section 5.1 for additional requirements. 5.1. Extra Depth and Clearances—completed by Pipeline Contractor Where the pipeline crosses public roads, highways, ditches and streams, the pipeline shall be installed with cover per MPR-4205. The cover measurement is to the top of the concrete coating or top of the Powercrete or ARO coating,whichever is used. Pipeline Contractor shall excavate the ditch to the depth required to obtain the engineered alignment, and maintain minimum cover specified and to maintain a minimum clearance of 18 inches when crossing foreign utilities and other buried facilities, e.g., pipelines, cables, drain or irrigation tiles, etc., or to such greater clearances as may be required by the responsible jurisdictional authority. Refer to MPR-2702 for additional requirements. Pipeline Contractor shall be fully responsible for confirming the actual location and nature of all foreign utilities and other buried facilities which may affect or be affected by the work whether or not such utilities and buried facilities are indicated on the Project Drawings or in other documents provided by Company.All foreign line crossings shall be tied down to a survey station number and this information given to the CFR on a weekly basis. One-call utility location services shall also be utilized. The"one-call" number shall be called 48 hours prior to digging. Potholing shall also be performed at all road crossings prior to installing the pipeline. Damages to such utilities and buried facilities resulting from Pipeline Contractor's performance of the work shall be the responsibility of the Pipeline Contractor. Hand or vacuum excavation is required in the vicinity of any buried piping or utility. Mechanical excavation shall cease once the earth has been removed within 18" to 24" of the buried line, in accordance with MPR-4010. Probing and potholing in accordance with MPR-4010 is required prior to power excavation. Any damage to existing piping or coating shall be immediately communicated to the CFR and repaired by the Pipeline Contractor at no additional cost. Such repairs must be approved by a CFR. 6. WORKSPACE AND ACCESS Workspace and site access shall be furnished by Company as defined on the drawings and in the Construction Line List. The "typical" workspace being obtained by Company will be provided by the Company. Any additional temporary workspace required by the Contractor shall be submitted to Company for approval and acquisition. All activities shall be confined to within the workspace and access as provided and approved by Company. The site shall be prepared by the Pipeline Contractor in accordance with section 6.1. 6.1. CLEARING AND GRADING 6.1.1.Clearing and Disposal of Brush Any measurable amount of brush cleared by the Pipeline Contractor shall be chipped and may be spread over Company ROW as directed by the CFR. 6.1.2.Clearing, Grading and Disposal of Trees and Stumps Tree clearing, if necessary, shall be done by mechanical means. Tops of trees and small branches(less than 5"diameter)shall be chipped and spread over the Company ROW. Tree trunks shall be cut into manageable lengths (10' or less) and stacked along Company ROW or at a location designated by the landowner. Stumps shall be removed from the ditch line and disposed of in a Company-approved landfill. The ROW shall be graded so as to eliminate or minimize any sharp sags or overbends to the pipe. Grading shall cause a minimum of interference with the existing natural drainage. Pipeline Contractor shall restore all graded or benched areas to their original state after the line has been laid. Proper erosion control devices shall be utilized to control runoff and sedimentation while construction is ongoing and through the reseeding phase if necessary. 6.1.3.Rock Removal All excess rock unearthed during grading larger than 2" in cultivated areas and hayfields and larger than 4` in other upland areas shall be hauled off the ROW to a Company approved disposal site, unless landowner requirements state otherwise. 6.1.4.Burning/Burning Restrictions Burning will not be allowed on this project. 6.1.5.Environmental and Other Restrictions Construction will be carried out in the vicinity of an operating Company pipeline. Pipeline Contractor shall locate and mark this line and avoid operating heavy equipment over the line during the course of construction. Pipeline Contractor shall provide a water truck to control dust as directed by the CFR during the construction. Sensitive environmental areas do exist in the construction area. An environmental permit notebook has been prepared and will be provided by the Company(to be provided later). There are no known archaeological or sensitive environmental sites within the proposed work areas,however, if any finds are discovered, notify the CFR immediately so an assessment can be made as to what further action needs to be taken. 6.1.6.Installation of Erosion Control Structures Temporary and/or permanent erosion control structures may be required as directed by the CFR during the course of construction. Installation methods for various structures are illustrated in the Storm Water Pollution Prevention Plan (SWPPP). The Pipeline Contractor must have a copy of the SWPPP in his possession at all times during construction. The Pipeline Contractor shall limit clearing of the approved workspace to the area necessary to work safety. 7. SPECIFICATIONS AND REFERENCES The following specifications and procedures apply: Specification Rev Title 2024 Holiday 2024 Holidays-Non Working Days Schedule HSE PPE Policy HSE-5511 -Personal Protective Equipment Policy Geotechnical 2023-05-15 Geotechnical COSV-BNSF Pines Underpass Report Data Health,Safety and Environmental Documents • Atmospheric Testing Devices-Proper Use and Maintenance • Bloodborne Pathogens Policy • Confined Space Entry Policy • Contractor Safety Policy • Excavations • Fire Protection Equipment-Inspection,Testing&Maintenance Policy • HAZCOM Policy • Heat&Cold Stress Guideline • Hot Work Permit Policy • HSE Audit Policy • HSE Rules of Conduct • Incident Notification and Investigation Policy • Job Safety Analysis Policy • Lock Out Tag Out(LOTO)Policy • Mechanical Lifting Policy • Personal Protective Equipment Policy • Post-Accident Substance Abuse Testing Guideline • Serious Incident Management Policy • Site Safety Plan Procedure • Sling Policy • Variance Policy • Vehicle Safety Policy • Machine Guarding Policy • Fatigue Risk Management Policy • Working Near Overhead Power Lines Policy • Pre-Startup Safety Review Policy • Work Authorization Permit Policy Adherence to our policies and procedures is a requirement. Contractor shall know and follow these procedures.Access to the most up to date procedures is available via our policy and procedures extranet site: http://tinvurl.com/k2bqp3n. If you don't currently have access to this site, email TRANSHSE-ProgramsandSystemsCa?p66.com. 8. DRAWINGS The following drawings and documents apply: Drawing No Rev Title P66 dwg 1 PinesRoadPipeline_Rev1-PLP 9. SAFETY 9.1. Policy The Contractor shall designate project leadership for the project located in the home office and in the field. The Contractor shall demonstrate commitment to Health, Safety and Environmental(HSE),zero incidents, injuries,and illnesses by actively participating in the HSE process. A Contractor Representative with the authority to implement any and all safeguards must sign in agreement that all Contractor's Personnel will follow all requirements listed in the Site Specific Safety Plan(SSSP). 9.2. Leadership Contractor will periodically review project safety performance reports including their sub- contractors. Contractor shall report and periodically review and track all near misses, incidents and injuries and communicate Corrective Action Plans to Company. Contractor will have appropriate representatives participate in recordable injury and significant incident investigations. 9.3. Risk Management Contractor shall assess the key inherent risks associated with various tasks conducted during project phases. Contractor will review the scope of each task and develop a Job Safety Analysis(JSA)that addresses the risks associated with the project and the actions to mitigate the hazards identified before project execution.The JSA will be integrated into the Contractor SSSP and reviewed with all Contractor and sub-contractor employees to ensure hazards and risks are reduced to an acceptable level or mitigated. 9.3.1.Contractor shall conduct a tailgate safety meeting at the start of each work shift and prior to any scope change to review potential safety risks and hazard mitigation for that day's planned work. Daily JSA forms shall be completed and reviewed by the Contractor for each crew. The Contractor shall require its supervisors to inspect, observe and analyze the quality of the daily JSA and to communicate to work crews'additional requirements to protect against hazards not previously identified in the daily JSA. 9.3.2.Contractor is required to have/employ at least one full-time Safety Professional on site and may require additional safety personnel as total manpower/risk dictates. Safety Professional Qualifications: The Contractor shall provide qualified professionals for all positions providing oversight of HSE regulatory compliance. Any one of the following three options is considered acceptable in terms of Safety Specialist qualifications: 9.3.3.Option 1 Five (5)years of work experience in the construction environment where 100% of the position's day-to-day job functions entailed safety, health, or environmental protection. 9.3.4. Option 2 Professional certification as an Occupational Health Safety Technologist (OHST), Construction Safety Health Technologist(CHST), from the Council on Certification of Health, Environmental, and Safety Technologists(CCHEST)or Associate Safety Professional (ASP) or Certified Safety Professional (CSP) from Board of Certified Safety Professionals(BSCP). Previous experience in safety,health,environmental, or emergency response(6 months minimum)is also required. 9.3.5. Option 3 A college degree(Associates,Bachelor,Masters)in Occupational Safety and Health or other related fields of study in Occupational Health, Environmental or Safety Sciences (e.g., Industrial Hygiene, Fire Protection, Environmental Protection). Previous experience (6 months minimum) in the safety, health, environmental or emergency response area is also required. 9.4. If approved by Company, Contractor or subcontractors on site with less than fifteen (15) employees are not required to have a full-time Safety Professional and shall designate an individual to be responsible for safety as part of a dual role and provide training/experience,to the Project Manager,for individuals meeting this dual role. 9.5. Strategic Planning,Goals and Objectives Contractor will set a goal of ZERO injuries, illnesses and incidents for the project. Contractor shall also ensure that their subcontractors also set a goal of ZERO injuries illnesses and incidents. Contractor and Company can utilize "bridging" to align HSE policies/procedures into one agreed upon site-specific set of policies and procedures to be implemented on the project. The Contractor SSSP will be one of the documents used for "bridging"before project work is initiated. 9.6. Structure and Responsibility The Contractor will include in their SSSP the specific areas of the project where supervisors and superintendents will be accountable for safety. Examples of specific areas include: (those associated with behavioral audits, hazard recognition audits, daily JSA/toolbox meetings, new employee orientations, application of immediate positive reinforcement, etc.) The Contractor is responsible for providing HSE administration and be accountable for assuring subcontractor compliance to the Contractor and Company established safety policies and programs. Contractor is responsible for following state and local fire regulations for the prevention of uncontrolled fires and shall obtain burn permits as required. Contractor shall also be responsible for supplying and maintaining an adequate supply of fire extinguishers and firefighting equipment. In areas where local officials initiate a "burn ban", contractor shall develop a plan to address the prevention of uncontrolled fires, including but not limited to the use of trained fire watch personnel. 9.7. Programs and Procedures Contractors and subcontractors shall be in 100%compliance with the PPE designated for the project. The Contractor will have pre-identified any HSE Policies and Procedures to be bridged by comparing the Contractor's HSE Policies and Procedures against the Company's HSE Policies and Procedures which will be made available through the Company extranet site http://tinyurl.com/k2bgp3n. If the Contractor does not identify policies or procedures to be "bridged",then the Contractor will follow Transportation HSE Policies and Procedures. The Contractor shall use the One-call Program prior to all excavations, horizontal bores and directional drills (there could be water, sewer, and other utility and oil/gas pipelines crossing, paralleling and in close proximity to the proposed construction). For pipeline projects, the Company will delineate foreign pipeline crossing locations on the alignment sheets where known, as an indication only, to alert the contractor to the construction conditions. Confirming the location of all foreign lines is the responsibility of the Contractor. Contractor shall be responsible for cleaning streets and roads that become covered with excess dirt, mud or debris at road crossings to protect the general public. 9.8. Asset and Operations Integrity The Contractor shall employ a Mechanical Inspection Program for this work. Contractor shall have a routine inspection program for all rolling/moving mechanical equipment (including rentals)on the project.This equipment includes, but is not limited to,cranes,air compressors, welding machines, forklifts, aerial lifts, and excavation equipment, etc. Documented training shall also be available for all personnel operating this type of equipment. The Contractor shall employ a Portable Equipment Inspection Program for this work. Contractor shall have an inspection program for portable equipment that includes, but is not limited to, hand and power tools, electrical cords sets, ground fault circuit interrupters (GFCIs), portable ladders, slings, and other rigging equipment. The program will include documentation to positively identify if the equipment inspections are current. 9.9. Emergency Preparedness Contractor shall provide as a component of its SSSP, a project specific Emergency Response Plan. In addition to Company general requirements, all Contractor and subcontractor personnel will follow all site specific emergency reporting and response procedures. Contractor shall have a plan for medical treatment and case management. Contractor will also submit a plan for off-site treatment and case management for non-routine work hours. Contractor will seek to pre-identify, and list in their SSSP, Occupational Medical Clinics familiar with OSHA recordable regulations to manage any minor injuries and hospitals or clinics to manage more serious injuries. Contractor will be responsible for providing first aid kits and eye wash stations, in such a quantity, to provide necessary care for all of their personnel and subcontractor personnel for the project. Company utilizes a contractor, Axiom Medical Consulting, to assist in managing any injury. Contractor is expected to cooperate fully with Company and Axiom to proactively manage injuries. Axiom can be reached at 281-419-7063. 9.10. Awareness, Training and Competency Contractor supervision shall receive formal safety training. Contractor will ensure that each supervisor (including subcontract supervision)obtains, at a minimum, the OSHA 10-hour training or equivalent. Contractor shall furnish at least one front line supervisor trained in CPR and first aid that shall be onsite while crews are working. Contractor will furnish documentation that training is current for OSHA, CPR and first aid. Before Contractor or any subcontractor employee begins work on a project, they shall attend a safety orientation and be trained on all aspects of the SSSP. As required,Contractor key personnel shall be DOT qualified per the Operator Qualification (OQ) regulations. Operator Qualification documentation will be required. All vehicle and equipment operation shall be performed only by people experienced with the equipment or vehicle being operated. Equipment spotter shall be utilized when backing equipment. Workers exhibiting a lack of safety training or reckless work habits will be dismissed from the job site at no cost to the Company. 9.11. Non-Conformance, Investigation and Corrective Action The Contractor shall enforce safety rules from the beginning of the project.Contractor must ensure that all employees including subcontractor employees are held accountable for their safety performance. This is to include, but not limited to, personnel conducting site prep, trailer set up, installation of temporary facilities, project execution and demobilization. Any accidents must be reported to the Company Representative immediately. All injuries/accidents/significant Near Misses must be immediately reported to the Construction Supervisor, no matter how insignificant. The Contractor will work with the Company Project Manager and Safety Coordinator to investigate incidents/injuries and serious Near Misses' in accordance with Company standards and procedures. The Contractor will assist with evidence gathering,documentation and development of causes. Should a "safety stand-down" be required as a result of an incident on this project, the Contractor will not be compensated for any work stoppage or delays. If a "safety stand- down" is required as a result of incidents on other Company projects, Contractor will be compensated for standby time. 9.12. Communications No work shall be performed until a JSA has been conducted addressing job task to be performed that day with all persons entering the job site. Should a job task or condition change that was not discussed in the initial morning JSA, all work shall stop, and that task/change will be reviewed before work commences.All information exchanged shall be documented on the(daily morning/end of day recap)JSA form. The Contractor shall hold the subcontractors to the same expectations of safety meetings. Subcontractors shall be bound by the same meeting requirements as the Contractor. 9.13. Document Controls and Records The Contractor shall record safety meeting minutes with attendee signatures. All safety meetings must be documented and include agenda items and discussion items along with signatures of attendees. The Contractor shall supply copies or originals of project specific documentation, as requested by the Company. 9.14. Measuring and Monitoring Contractors and subcontractors must meet Company safety requirements in ISNetworld. In the event that a subcontractor is not in ISNetworld a complete evaluation of their safety records and performance will be performed and, if required, a variance approved prior to construction. The Contractor is responsible for their subcontractors' safety performance and its subcontractor's performance will be included into their overall project execution. Contractor should report near misses to the Company in a timely manner then develop and implement a plan to prevent reoccurrence. 9.15. Audits The Contractor/Company shall conduct joint safety audits on the project that include management and employee involvement. The Contractor will be responsible for documenting findings from the audit, and distributing to the Company representative. Contractor shall perform safety audits and behavior observations. Contractor shall audit subcontractor field execution safety. 9.16. Review Contractor shall ensure that HSE procedures and policies are reviewed and updated to incorporate findings and provide for continuous improvement.The Contractor shall conduct regular periodic audits and reviews of programs and safety systems as well as field execution and application. The results of these reviews shall be used to continuously upgrade the systems in a timely manner. The Contractor may conduct an end of project safety review to capture best practices and/or reinforce for future use.The review shall be conducted, documented and communicated to Company and Contractor management. This information shall be used as a tool for revising and upgrading safety focus for future projects. 10. MATERIALS,SERVICES,AND EQUIPMENT TO BE PROVIDED BY COMPANY Company to supply pipe, bends and test headers for hydro testing. Contractor to supply all labor,equipment,&materials to mobilize,support,and demobilize as required to complete the reroute. Durations vary depending on conditions encountered.All equipment and materials provided by the Contractor should be in good working condition and in accordance with industry standards. If not,the equipment and/or materials will be removed from the site immediately. • Consumable construction materials such as fuels, grinding discs,welding rod, rags,fuel spill kits,solvents,electrical power for tools,lights, etc. associated with scope of work. • Tools associated with the work. • All construction equipment as required to complete the work. • If applicable,temporary lighting for night work. • Safety items such as hard hats, safety toe boots, safety glasses with side shields,ear plugs, company approved cut/impact resistant gloves(see approved list), FR high visibility vests, fire extinguishers, barricades, shoring materials for deep excavations per Company Standards. PPE must be kept in good working order.Torn or ragged FRC will not be tolerated. Company will not supply gloves. • Potable water,containers,ice,and cups. • Qualified personnel to maintain all construction equipment for the duration of the project. 11. PROJECT CONDITIONS 11.1. ADMINISTRATIVE ITEMS 11.1.1. Work Coordination Contractor shall closely coordinate its work with Company representative or Company- designated alternate. 11.1.2. Utilities Contractor shall not connect to, use, or consume any utility, equipment,or material of Company's not included in the contract without prior written permission of Company representative. Contractor shall retain in its possession a record of this written permission as proof of Company's approval. Contractor shall supply all other utilities, office, warehouse facilities, telephones, pagers,radios,portable toilets,hand wash stations,and other communication devices, including any comfort station needs that may be required and which are approved by Company. 11.1.3. Company-Furnished Equipment If Contractor uses tools and/or Construction equipment furnished by Company, an EQUIPMENT AGREEMENT shall be obtained from Company representative,signed, and returned to Company representative before proceeding with such use shall be subject to the MSA. 11.1.4. Approval Equal Where phrases such as "or Company-approved equal" or "approved by Company are used, it shall mean approval prior to commitment or purchase when referring to materials to be utilized for this work and prior to start of work when referring to methods, procedures, or equipment used by Contractor. Phrases such as "or approved equal"shall be taken to mean approved as equal by Company. Approval shall be confirmed in writing. 11.2. CONTRACTOR RESPONSIBILITIES 11.2.1. Meeting Notes Contractor shall be responsible for writing and distributing the notes, daily JSA's of all meetings between Contractor and Company representatives and for confirming in writing any agreements reached via telephone. 11.2.2. Crew Consistency Contractor shall not replace any key personnel without first obtaining written permission from Company;provided however,the foregoing shall not be applicable for the removal due to violations of Contractor's policies, voluntary termination or health concerns. 11.3. SAFETY AND SECURITY REQUIREMENTS 11.3.1. Safety Exhibit Contractor shall comply with all relevant safety and security provisions as outlined in Contractor's current Master Services Agreement with Company. 11.3.2. Incident Reporting Contractor shall comply will all safety and security incident reporting requirements as outlined in Contractor's current Services Contract with Company. 11.3.3. Harassment All individuals have the right to work in an environment free of intimidation and harassment. Specifically, this includes a prohibition of any actions by Contractor's employees, supervisors, subcontractors, agents, or management that abuse individual dignity through ethnic, racist, religious, or sexist slurs, jokes, or other objectionable conduct. Such conduct includes sexual harassment in the form of unwelcomed sexual advances, request for or offers of sexual favors,or other verbal or physical conduct of a sexual nature. Company representative may monitor Contractor's compliance and promptly report any infractions to Contractor. Company shall have the right to require Contractor to cause the removal from Company property of any employee of Contractor or a subcontractor, sub-subcontractor, vendor,visitor,or agent who is guilty of an infraction of this paragraph. 12. EXCLUSIONS Work scope associated with prepping the string,tie-ins,and final clean-up is not included in this contract. The following tasks are excluded: • Material procurement of 10"pipe and bends • Fabricating pig launcher and pigging to remove debris • Perform Tie In Welds • Perform/assist with pipeline re-fill. • Assist corrosion lead with installing cathodic protection test leads • Install necessary signage post construction 13. SCHEDULES Estimated Start Date for YP02 Pines Road Reroute is October 9, 2023. No site visits may be conducted without prior notification to the landowners by P66. Please request access if you would like to visit the site. 13.1. The proposed work schedule for this work will be(10)hour shifts Monday-Saturday. Work hours are 7:00 AM to 5:00 PM or negotiated with Company prior to work commencement. Contractor shall move on to the worksite prior to the commencement of the work in order to set up and familiarize itself with the equipment located there and Company's policies and procedures. Prior to Contractor beginning any work at Company's plant site,Contractor must obtain Company's approval of Contractor's field schedule. 13.2. Upon the execution of the Service Order by both parties, Contractor shall meet with the Company Representative to discuss detailed field schedule requirements, after which Contractor shall develop and submit the detailed field schedule to Company for approval. Company reserves the right to revise the field schedule to coincide with other work. 14. PERMITS Contractor shall obtain all necessary permits for the work that are required to be issued in the Contractor's name. ATTACHMENT A-1 SCOPE OF WORK YPO2 Pines Road Reroute 1. WORK DESCRIPTION Contractor shall supply all services, supervision,labor,equipment,tools,testing devices, materials, supplies, warehousing, temporary facilities, and utilities, necessary to perform the work unless otherwise specified herein in writing. Contractor shall do each and every act and thing necessary to perform the work in strict accordance with all specifications, drawings, codes, standards, and attachments referenced or listed herein, all of which are expressly incorporated into this Service Order. This Attachment A-1 Scope of Work, for the YP02 Pines Road Reroute includes, but is not limited to the following. 2. SCOPE OF WORK 2.1 This document covers the furnishing of all material, labor, equipment,tools, supplies, transportation, supervision, and any other items incidental and necessary to complete the YP02 Pines Road Reroute located in Spokane Valley WA. The scope of work for this project includes the vor-iet ctiol4-et--the new-p+pe-tay per-tee-provided engineered-profile, i his-in#ude ` ,tie in welds and purge support and site reclamation. Excavation, pipe string fabrication, an Nitrogen purge add purge-support-will be provided by a 3rd party. • YP02 Pines Road Reroute- 10.75"Dia, Length -700, 0.365"wt X52 Pipe Installed a Spokane Valley, WA(see kmz attachment) 2.2 General Information Contractor's work includes but is not limited to: • Installing safety barrier around the work areas as needed. Make any necessary site modifications needed for working access. • Providing other necessary preparations for the pipe string and welding sites and temporary construction workspaces per permit requirements if applicable. • Performing dust control on access roads as needed for construction vehicle traffic. • Prevent damage to roadways on entry and exit sides and provide sweeping/cleaning equipment if necessary. • Provide matting as needed for areas along access road that may require mats for heavy equipment. --€ savation-ef-tee-new--alignment per-engineered arrangernea move the pipe string into position and lay it-in the ditch • Contractor to provide ati-e d ow-gr se fot.cenoerns- • Mainline-welds-of4kepipe-string:and tie in welds during purge. Capping of the abandoned line prior to removal • Cut and remove the existing section of pipe and haul off site • Possible Asbestos abatement(coating on existing line) • Backfill of excavation over new and removed line. 2.3 Site Specific Information • YP02 Pines Road Crossing o Pipe string will be installed in 1 section. o Site Specific Geotech provided o Crossing is in a highly congested area. Reroute is designed to be tied in outside of the existing Pines Road. Pines Road will not be able to be closed to traffic during construction. 2.4 Related Scope to Be Completed Outside this Contract • See exclusions, Section 8, below. 2.5 Working Hours The work week shall not exceed 6 days per week and 12 hours per day without Company approval. The Contractor shall bear all costs associated with weather shut-downs dictated by Contractor or Company. Please see attached 2023 Construction Non-Working Days document for Company- dictated non-working days this shall be factored into the Contractor's planned work schedule. A Project Kick Off Meeting reviewing Project Safety/Scope will be held prior to the start date of the Project. Contractor Project Management and all Contractor employees to be involved with this project are required to attend. The date/time and location of the Project Kick Off Meeting will be provided to the successful bidder. Contractor will be able to commence with excavation once the meeting is complete. 2.6 General Construction Specifications 2.6.1 GENERAL This specification defines the minimum requirements for the installation of pipeline employing open cut trenched methods. 2.6.2 CODES,STANDARDS,AND REGULATIONS The work described herein is to be constructed to conform to the latest editions of the following codes and standards, in addition to those provided in the main Service Order. If a conflict arises between an industry standard and Company standard, the more stringent requirement shall govern. 2.6.2.1 Industry and Government • ANSI/ASME B31.4 - Liquid Transportation Systems for Hydrocarbons, Liquid Petroleum Gas,Anhydrous Ammonia and Alcohols • API 1104-Standard for Welding Pipelines and Related Facilities • ASME Section IX — Qualification Standard for Welding and Brazing Procedures, Welders, Braziers,and Welding and Brazing Operators • Department of Transportation CFR Title 49, Part 195 - Transportation of Hazardous Liquids by Pipeline • NFPA 70-National Electrical Code(NEC) • AWS,American Welding Society • OSHA Standards CFR Title 29, Part 1910 • SSPC-Society for Protective Coatings 2.6.2.2 Company Standards • MPR-2203 Smoking Guidelines o MPR-2303 Public Education—One Call System • MPR-2702 Foreign Pipeline Utility Crossings • MPR-2836 List of Pressure Testing Forms • MPR-4003 Safety Precautions- Precautions at Job Site • MPR-4010 Excavations • MPR-4103 Evaluation and Repair of External and Internal Pipeline Defects and Anomalies • MPR-4105 Cleaning and Coating of Buried Pipe • MPR-4106 General Line and Equipment Maintenance — Cleaning and Coating at Transition Areas • MPR-4108 Backfilling&Clean-up • MPR-4111 General Line and Equipment Maintenance-Pipe Storage • MPR-4112 General Line and Equipment Maintenance- Line Locating Guidelines • MPR-4204 Full Encirclement(Type B) Sleeves • MPR-4205 Road and Railroad Crossings • MPR-4401 Welding Procedures and Welder Qualification • MPR-4406 Repair or Removal of Defects by Grinding or Welding o MPR-6009 Inspections and Testing-Non-Destructive Testing of Girth Welds • MPR-6010 Inspections and Testing-Magnetic Particle and Dye Penetrant Inspection • MPR-6012 Procedure for Weld Radiographs • MPR-6101 Pressure Testing—General • MPR-6102 Pressure Testing Safety • MPR-6103 Hydrostatic Testing—Environmental Considerations • MPR-6105 Pressure Testing-Mainline Testing Procedure • MPR-6106 Pressure Testing—Recordkeeping • MPR-6107 Pressure Testing—Pre-Testing Replacement Pipe • MPR-7007 Test Stations • TRP-3006 Recommended Practice for Pipeline Hydrostatic Test Planning • TSP-3001 Field Bends • TSP-8002 Plant Applied Fusion Bonded Epoxy Coating Specification • TSD-3402 Standard for ILI Reference Points • Employee Safety Handbook, Pipelines and Terminals Health &Safety • Machine Guarding Policy • HSE Clarifications • Safety—Fatigue Risk Management Policy Compliance by the Contractor with the provisions of the specifications does not relieve • him of his responsibility to properly install the pipeline, equipment and accessories to meet the specified service. Copies of the above Company standards will be provided by the Company. 2.6.2.3 Permits and Environmental Standards Company will obtain the necessary environmental and ROW permits for the construction. Details of the permit conditions are provided by the Company, including the Storm Water Pollution Prevention Plan (if required). Contractor shall obtain a permit for withdrawing hydrostatic test water if required, and comply with agency conditions if the water source is obtained from municipal or government agency sources. 2.6.2.4 Drawings to be Provided by Contractor none 3. ENVIRONMENTAL The Contractor shall comply with all environmental requirements provided by the Company. Upon request from Company,the Contractor shall provide for review and approval,a written description,site plan and related materials which describe the equipment to be used during project. 4. SAFETY The Contractor shall at all times provide for the safety of all pipeline construction personnel and the general public during construction operations by: 4.1. Restricting access to the immediate work area to only the personnel engaged in the actual operation of the equipment. 4.2. Prohibiting major pipeline work in and around the work site and excavation not directly associated with the work taking place. 4.3. Installing construction warning signs. 5. PROTECTION OF UNDERGROUND FACILITIES The Contractor shall, prior to commencing excavation, contact the appropriate utility locating service specific to each site, positively locate and stake all existing underground facilities and modify construction practices and down hole assemblies to prevent damage to underground or aboveground facilities.The Contractor shall be responsible for all losses and repairs occasioned by damage to under- ground facilities resulting from excavation and construction if the damage is due to deviations of allowable tolerances from the proposed profile provided by the Company.See section 5.1 for additional requirements. 5.1. Extra Depth and Clearances—completed by Pipeline Contractor Where the pipeline crosses public roads, highways, ditches and streams, the pipeline shall be installed with cover per MPR-4205. The cover measurement is to the top of the concrete coating or top of the Powercrete or ARO coating,whichever is used. Pipeline Contractor shall excavate the ditch to the depth required to obtain the engineered alignment, and maintain minimum cover specified and to maintain a minimum clearance of 18 inches when crossing foreign utilities and other buried facilities, e.g., pipelines, cables, drain or irrigation tiles, etc., or to such greater clearances as may be required by the responsible jurisdictional authority. Refer to MPR-2702 for additional requirements. Pipeline Contractor shall be fully responsible for confirming the actual location and nature of all foreign utilities and other buried facilities which may affect or be affected by the work whether or not such utilities and buried facilities are indicated on the Project Drawings or in other documents provided by Company.All foreign line crossings shall be tied down to a survey station number and this information given to the CFR on a weekly basis. One-call utility location services shall also be utilized. The"one-call" number shall be called 48 hours prior to digging. Potholing shall also be performed at all road crossings prior to installing the pipeline. Damages to such utilities and buried facilities resulting from Pipeline Contractor's performance of the work shall be the responsibility of the Pipeline Contractor. Hand or vacuum excavation is required in the vicinity of any buried piping or utility. Mechanical excavation shall cease once the earth has been removed within 18" to 24" of the buried line, in accordance with MPR-4010. Probing and potholing in accordance with MPR-4010 is required prior to power excavation. Any damage to existing piping or coating shall be immediately communicated to the CFR and repaired by the Pipeline Contractor at no additional cost. Such repairs must be approved by a CFR. 6. WORKSPACE AND ACCESS Workspace and site access shall be furnished by Company as defined on the drawings and in the Construction Line List. The "typical" workspace being obtained by Company will be provided by the Company. Any additional temporary workspace required by the Contractor shall be submitted to Company for approval and acquisition. All activities shall be confined to within the workspace and access as provided and approved by Company. The site shall be prepared by the Pipeline Contractor in accordance with section 6.1. 6.1. CLEARING AND GRADING 6.1.1.Clearing and Disposal of Brush Any measurable amount of brush cleared by the Pipeline Contractor shall be chipped and may be spread over Company ROW as directed by the CFR. 6.1.2.Clearing, Grading and Disposal of Trees and Stumps Tree clearing, if necessary, shall be done by mechanical means. Tops of trees and small branches(less than 5"diameter)shall be chipped and spread over the Company ROW. Tree trunks shall be cut into manageable lengths(10' or less) and stacked along Company ROW or at a location designated by the landowner. Stumps shall be removed from the ditch line and disposed of in a Company-approved landfill. The ROW shall be graded so as to eliminate or minimize any sharp sags or overbends to the pipe. Grading shall cause a minimum of interference with the existing natural drainage. Pipeline Contractor shall restore all graded or benched areas to their original state after the line has been laid. Proper erosion control devices shall be utilized to control runoff and sedimentation while construction is ongoing and through the reseeding phase if necessary. 6.1.3.Rock Removal All excess rock unearthed during grading larger than 2"in cultivated areas and hayfields and larger than 4' in other upland areas shall be hauled off the ROW to a Company approved disposal site,unless landowner requirements state otherwise. 6.1.4.Burning/Burning Restrictions Burning will not be allowed on this project. 6.1.5.Environmental and Other Restrictions Construction will be carried out in the vicinity of an operating Company pipeline. Pipeline Contractor shall locate and mark this line and avoid operating heavy equipment over the line during the course of construction. Pipeline Contractor shall provide a water truck to control dust as directed by the CFR during the construction. Sensitive environmental areas do exist in the construction area. An environmental permit notebook has been prepared and will be provided by the Company(to be provided later). There are no known archaeological or sensitive environmental sites within the proposed work areas, however, if any finds are discovered, notify the CFR immediately so an assessment can be made as to what further action needs to be taken. 6.1.6.Installation of Erosion Control Structures Temporary and/or permanent erosion control structures may be required as directed by the CFR during the course of construction. Installation methods for various structures are illustrated in the Storm Water Pollution Prevention Plan (SWPPP). The Pipeline Contractor must have a copy of the SWPPP in his possession at all times during construction. The Pipeline Contractor shall limit clearing of the approved workspace to the area necessary to work safety. 7. SPECIFICATIONS AND REFERENCES The following specifications and procedures apply: Specification Rev Title 2024 Holiday 2024 Holidays-Non Working Days Schedule HSE PPE Policy HSE-5511 -Personal Protective Equipment Policy Geotechnical 2023-05-15 Geotechnical COSV-BNSF Pines Underpass Report Data Health, Safety and Environmental Documents • Atmospheric Testing Devices-Proper Use and Maintenance • Bloodborne Pathogens Policy • Confined Space Entry Policy • Contractor Safety Policy • Excavations • Fire Protection Equipment-Inspection, Testing & Maintenance Policy • HAZCOM Policy • Heat&Cold Stress Guideline • Hot Work Permit Policy • HSE Audit Policy • HSE Rules of Conduct • Incident Notification and Investigation Policy • Job Safety Analysis Policy • Lock Out Tag Out(LOTO) Policy • Mechanical Lifting Policy • Personal Protective Equipment Policy • Post-Accident Substance Abuse Testing Guideline • Serious Incident Management Policy • Site Safety Plan Procedure • Sling Policy • Variance Policy • Vehicle Safety Policy • Machine Guarding Policy • Fatigue Risk Management Policy • Working Near Overhead Power Lines Policy • Pre-Startup Safety Review Policy • Work Authorization Permit Policy Adherence to our policies and procedures is a requirement. Contractor shall know and follow these procedures. Access to the most up to date procedures is available via our policy and procedures extranet site: http://tinyurl.com/k2bgp3n. If you don't currently have access to this site, email TRANSHSE-ProgramsandSystemsp66,com. 8. DRAWINGS The following drawings and documents apply: Drawing No Rev Title P66 dwg 1 PinesRoadPipeline_Rev1-PLP 9. SAFETY 9.1. Policy The Contractor shall designate project leadership for the project located in the home office and in the field. The Contractor shall demonstrate commitment to Health, Safety and Environmental (HSE), zero incidents, injuries, and illnesses by actively participating in the HSE process. A Contractor Representative with the authority to implement any and all safeguards must sign in agreement that all Contractor's Personnel will follow all requirements listed in the Site Specific Safety Plan (SSSP). 9.2. Leadership Contractor will periodically review project safety performance reports including their sub- contractors. Contractor shall report and periodically review and track all near misses, incidents and injuries and communicate Corrective Action Plans to Company. Contractor will have appropriate representatives participate in recordable injury and significant incident investigations. 9.3. Risk Management Contractor shall assess the key inherent risks associated with various tasks conducted during project phases. Contractor will review the scope of each task and develop a Job Safety Analysis(JSA)that addresses the risks associated with the project and the actions to mitigate the hazards identified before project execution. The JSA will be integrated into the Contractor SSSP and reviewed with all Contractor and sub-contractor employees to ensure hazards and risks are reduced to an acceptable level or mitigated. 9.3.1.Contractor shall conduct a tailgate safety meeting at the start of each work shift and prior to any scope change to review potential safety risks and hazard mitigation for that day's planned work. Daily JSA forms shall be completed and reviewed by the Contractor for each crew. The Contractor shall require its supervisors to inspect, observe and analyze the quality of the daily JSA and to communicate to work crews'additional requirements to protect against hazards not previously identified in the daily JSA. 9.3.2.Contractor is required to have/employ at least one full-time Safety Professional on site and may require additional safety personnel as total manpower/risk dictates. Safety Professional Qualifications: The Contractor shall provide qualified professionals for all positions providing oversight of HSE regulatory compliance. Any one of the following three options is considered acceptable in terms of Safety Specialist qualifications: 9.3.3. Option 1 Five (5)years of work experience in the construction environment where 100% of the position's day-to-day job functions entailed safety, health, or environmental protection. 9.3.4. Option 2 Professional certification as an Occupational Health Safety Technologist (OHST), Construction Safety Health Technologist(CHST), from the Council on Certification of Health, Environmental, and Safety Technologists(CCHEST)or Associate Safety Professional (ASP) or Certified Safety Professional (CSP) from Board of Certified Safety Professionals(BSCP). Previous experience in safety,health,environmental, or emergency response(6 months minimum)is also required. 9.3.5. Option 3 A college degree(Associates,Bachelor,Masters)in Occupational Safety and Health or other related fields of study in Occupational Health, Environmental or Safety Sciences (e.g., Industrial Hygiene, Fire Protection, Environmental Protection). Previous experience (6 months minimum) in the safety, health, environmental or emergency response area is also required. 9.4. If approved by Company, Contractor or subcontractors on site with less than fifteen (15) employees are not required to have a full-time Safety Professional and shall designate an individual to be responsible for safety as part of a dual role and provide training/experience,to the Project Manager, for individuals meeting this dual role. 9.5. Strategic Planning, Goals and Objectives Contractor will set a goal of ZERO injuries, illnesses and incidents for the project. Contractor shall also ensure that their subcontractors also set a goal of ZERO injuries illnesses and incidents. Contractor and Company can utilize "bridging" to align HSE policies/procedures into one agreed upon site-specific set of policies and procedures to be implemented on the project. The Contractor SSSP will be one of the documents used for "bridging"before project work is initiated. 9.6. Structure and Responsibility The Contractor will include in their SSSP the specific areas of the project where supervisors and superintendents will be accountable for safety. Examples of specific areas include: (those associated with behavioral audits, hazard recognition audits, daily JSA/toolbox meetings, new employee orientations, application of immediate positive reinforcement, etc.) The Contractor is responsible for providing HSE administration and be accountable for assuring subcontractor compliance to the Contractor and Company established safety policies and programs. Contractor is responsible for following state and local fire regulations for the prevention of uncontrolled fires and shall obtain burn permits as required. Contractor shall also be responsible for supplying and maintaining an adequate supply of fire extinguishers and firefighting equipment. In areas where local officials initiate a "burn ban", contractor shall develop a plan to address the prevention of uncontrolled fires, including but not limited to the use of trained fire watch personnel. 9.7. Programs and Procedures Contractors and subcontractors shall be in 100%compliance with the PPE designated for the project. The Contractor will have pre-identified any HSE Policies and Procedures to be bridged by comparing the Contractor's HSE Policies and Procedures against the Company's HSE Policies and Procedures which will be made available through the Company extranet site http://tinvurl.com/k2bgp3n. If the Contractor does not identify policies or procedures to be "bridged",then the Contractor will follow Transportation HSE Policies and Procedures. The Contractor shall use the One-call Program prior to all excavations, horizontal bores and directional drills (there could be water, sewer, and other utility and oil/gas pipelines crossing, paralleling and in close proximity to the proposed construction). For pipeline projects, the Company will delineate foreign pipeline crossing locations on the alignment sheets where known, as an indication only, to alert the contractor to the construction conditions. Confirming the location of all foreign lines is the responsibility of the Contractor. Contractor shall be responsible for cleaning streets and roads that become covered with excess dirt, mud or debris at road crossings to protect the general public. 9.8. Asset and Operations Integrity The Contractor shall employ a Mechanical Inspection Program for this work. Contractor shall have a routine inspection program for all rolling/moving mechanical equipment (including rentals)on the project.This equipment includes, but is not limited to, cranes, air compressors, welding machines, forklifts, aerial lifts, and excavation equipment, etc. Documented training shall also be available for all personnel operating this type of equipment. The Contractor shall employ a Portable Equipment Inspection Program for this work. Contractor shall have an inspection program for portable equipment that includes, but is not limited to, hand and power tools, electrical cords sets, ground fault circuit interrupters (GFCIs), portable ladders, slings, and other rigging equipment. The program will include documentation to positively identify if the equipment inspections are current. 9.9. Emergency Preparedness Contractor shall provide as a component of its SSSP, a project specific Emergency Response Plan. In addition to Company general requirements, all Contractor and subcontractor personnel will follow all site specific emergency reporting and response procedures. Contractor shall have a plan for medical treatment and case management. Contractor will also submit a plan for off-site treatment and case management for non-routine work hours. Contractor will seek to pre-identify, and list in their SSSP, Occupational Medical Clinics familiar with OSHA recordable regulations to manage any minor injuries and hospitals or clinics to manage more serious injuries. Contractor will be responsible for providing first aid kits and eye wash stations, in such a quantity,to provide necessary care for all of their personnel and subcontractor personnel for the project. Company utilizes a contractor, Axiom Medical Consulting, to assist in managing any injury. Contractor is expected to cooperate fully with Company and Axiom to proactively manage injuries. Axiom can be reached at 281-419-7063. 9.10. Awareness,Training and Competency Contractor supervision shall receive formal safety training.Contractor will ensure that each supervisor(including subcontract supervision)obtains, at a minimum, the OSHA 10-hour training or equivalent. Contractor shall furnish at least one front line supervisor trained in CPR and first aid that shall be onsite while crews are working. Contractor will furnish documentation that training is current for OSHA, CPR and first aid. Before Contractor or any subcontractor employee begins work on a project, they shall attend a safety orientation and be trained on all aspects of the SSSP. As required,Contractor key personnel shall be DOT qualified per the Operator Qualification (OQ)regulations. Operator Qualification documentation will be required. All vehicle and equipment operation shall be performed only by people experienced with the equipment or vehicle being operated. Equipment spotter shall be utilized when backing equipment. Workers exhibiting a lack of safety training or reckless work habits will be dismissed from the job site at no cost to the Company. 9.11. Non-Conformance,Investigation and Corrective Action The Contractor shall enforce safety rules from the beginning of the project.Contractor must ensure that all employees including subcontractor employees are held accountable for their safety performance. This is to include, but not limited to, personnel conducting site prep, trailer set up, installation of temporary facilities, project execution and demobilization. Any accidents must be reported to the Company Representative immediately. All injuries/accidents/significant Near Misses must be immediately reported to the Construction Supervisor, no matter how insignificant. The Contractor will work with the Company Project Manager and Safety Coordinator to investigate incidents/injuries and serious Near Misses' in accordance with Company standards and procedures. The Contractor will assist with evidence gathering,documentation and development of causes. Should a "safety stand-down" be required as a result of an incident on this project, the Contractor will not be compensated for any work stoppage or delays. If a "safety stand- down" is required as a result of incidents on other Company projects, Contractor will be compensated for standby time. 9.12. Communications No work shall be performed until a JSA has been conducted addressing job task to be performed that day with all persons entering the job site. Should a job task or condition change that was not discussed in the initial morning JSA, all work shall stop, and that task/change will be reviewed before work commences.All information exchanged shall be documented on the(daily moming/end of day recap)JSA form. The Contractor shall hold the subcontractors to the same expectations of safety meetings. Subcontractors shall be bound by the same meeting requirements as the Contractor. 9.13. Document Controls and Records The Contractor shall record safety meeting minutes with attendee signatures. All safety meetings must be documented and include agenda items and discussion items along with signatures of attendees. The Contractor shall supply copies or originals of project specific documentation, as requested by the Company. 9.14. Measuring and Monitoring Contractors and subcontractors must meet Company safety requirements in ISNetworld. In the event that a subcontractor is not in ISNetworld a complete evaluation of their safety records and performance will be performed and, if required, a variance approved prior to construction. The Contractor is responsible for their subcontractors' safety performance and its subcontractor's performance will be included into their overall project execution. Contractor should report near misses to the Company in a timely manner then develop and implement a plan to prevent reoccurrence. 9.'15. Audits The Contractor/Company shall conduct joint safety audits on the project that include management and employee involvement. The Contractor will be responsible for documenting findings from the audit, and distributing to the Company representative. Contractor shall perform safety audits and behavior observations. Contractor shall audit subcontractor field execution safety. 9.16. Review Contractor shall ensure that HSE procedures and policies are reviewed and updated to incorporate findings and provide for continuous improvement.The Contractor shall conduct regular periodic audits and reviews of programs and safety systems as well as field execution and application. The results of these reviews shall be used to continuously upgrade the systems in a timely manner. The Contractor may conduct an end of project safety review to capture best practices and/or reinforce for future use.The review shall be conducted, documented and communicated to Company and Contractor management. This information shall be used as a tool for revising and upgrading safety focus for future projects. 10. MATERIALS, SERVICES,AND EQUIPMENT TO BE PROVIDED BY COMPANY Company to supply pipe, bends and test headers for hydro testing. Contractor to supply all labor,equipment,&materials to mobilize,support,and demobilize as required to complete the reroute. Durations vary depending on conditions encountered.All equipment and materials provided by the Contractor should be in good working condition and in accordance with industry standards. If not, the equipment and/or materials will be removed from the site immediately. • Consumable construction materials such as fuels,grinding discs,welding rod,rags,fuel spill kits, solvents,electrical power for tools, lights,etc. associated with scope of work. • Tools associated with the work. • All construction equipment as required to complete the work. • If applicable, temporary lighting for night work. • Safety items such as hard hats, safety toe boots, safety glasses with side shields, ear plugs, company approved cut/impact resistant gloves(see approved list), FR high visibility vests, fire extinguishers, barricades, shoring materials for deep excavations per Company Standards. PPE must be kept in good working order. Torn or ragged FRC will not be tolerated. Company will not supply gloves. • Potable water,containers, ice, and cups. • Qualified personnel to maintain all construction equipment for the duration of the project. 11. PROJECT CONDITIONS 11.1. ADMINISTRATIVE ITEMS 11.1.1. Work Coordination Contractor shall closely coordinate its work with Company representative or Company- designated alternate. 11.1.2. Utilities Contractor shall not connect to, use, or consume any utility, equipment, or material of Company's not included in the contract without prior written permission of Company representative. Contractor shall retain in its possession a record of this written permission as proof of Company's approval. Contractor shall supply all other utilities, office, warehouse facilities, telephones, pagers,radios,portable toilets, hand wash stations,and other communication devices, including any comfort station needs that may be required and which are approved by Company. 11.1.3. Company-Furnished Equipment If Contractor uses tools and/or Construction equipment furnished by Company, an EQUIPMENT AGREEMENT shall be obtained from Company representative,signed, and returned to Company representative before proceeding with such use shall be subject to the MSA. 11.1.4. Approval Equal Where phrases such as "or Company-approved equal" or "approved by Company are used, it shall mean approval prior to commitment or purchase when referring to materials to be utilized for this work and prior to start of work when referring to methods, procedures, or equipment used by Contractor. Phrases such as "or approved equal"shall be taken to mean approved as equal by Company. Approval shall be confirmed in writing. 11..2. CONTRACTOR RESPONSIBILITIES 11.2.1. Meeting Notes Contractor shall be responsible for writing and distributing the notes, daily JSA's of all meetings between Contractor and Company representatives and for confirming in writing any agreements reached via telephone. 11.2.2. Crew Consistency Contractor shall not replace any key personnel without first obtaining written permission from Company; provided however,the foregoing shall not be applicable for the removal due to violations of Contractor's policies, voluntary termination or health concerns. 11.3. SAFETY AND SECURITY REQUIREMENTS 11.3.1. Safety Exhibit Contractor shall comply with all relevant safety and security provisions as outlined in Contractor's current Master Services Agreement with Company. 11.3.2. Incident Reporting Contractor shall comply will all safety and security incident reporting requirements as outlined in Contractor's current Services Contract with Company. 11.3.3. Harassment All individuals have the right to work in an environment free of intimidation and harassment. Specifically, this includes a prohibition of any actions by Contractor's employees, supervisors, subcontractors, agents, or management that abuse individual dignity through ethnic, racist, religious, or sexist slurs, jokes, or other objectionable conduct. Such conduct includes sexual harassment in the form of unwelcomed sexual advances, request for or offers of sexual favors, or other verbal or physical conduct of a sexual nature. Company representative may monitor Contractor's compliance and promptly report any infractions to Contractor. Company shall have the right to require Contractor to cause the removal from Company property of any employee of Contractor or a subcontractor, sub-subcontractor, vendor,visitor,or agent who is guilty of an infraction of this paragraph. 12. EXCLUSIONS Work scope associated with prepping the string,tie-ins,and final clean-up is not included in this contract. The following tasks are excluded: • Material procurement of 10"pipe and bends • Fabrication/welding of pipe string • Fabricating pig launcher and pigging to remove debris • Perform/assist with pipeline re-fill. • Assist corrosion lead with installing cathodic protection test leads • Install necessary signage post construction 13. SCHEDULES Estimated Start Date for YP02 Pines Road Reroute is October 9, 2023. No site visits may be conducted without prior notification to the landowners by P66. Please request access if you would like to visit the site. 13.1. The proposed work schedule for this work will be(10)hour shifts Monday-Saturday. Work hours are 7:00 AM to 5:00 PM or negotiated with Company prior to work commencement. Contractor shall move on to the worksite prior to the commencement of the work in order to set up and familiarize itself with the equipment located there and Company's policies and procedures. Prior to Contractor beginning any work at Company's plant site,Contractor must obtain Company's approval of Contractor's field schedule. 13.2. Upon the execution of the Service Order by both parties, Contractor shall meet with the Company Representative to discuss detailed field schedule requirements, after which Contractor shall develop and submit the detailed field schedule to Company for approval. Company reserves the right to revise the field schedule to coincide with other work. 14. PERMITS Contractor shall obtain all necessary permits for the work that are required to be issued in the Contractor's name. Exhibit B- Cost Estimate Pines GSP-YPL Cost Estimate Construction Pipe/Material Costs $62,571 Pipe String Fabrication $725,179 Mechanical Pipe Construction $687,179 X Ray $10,000 Construction Oversight $28,000 Environmental Permitting/Disposals $48,500 Tie in Costs $63,801 N2 Purging Contractor $29,181 Pig Tracking $20,620 Vac Truck $10,000 Coating $4,000 P66 Travel $16,000 Subtotal $916,051 Contingency(10%) $91,605 Construction Subtotal $1,007,656 BNSF Permitting cost $98,840 Flagging Estimate $51,160 BNSF Subtotal $150,000 Overall Subtotal $1,157,656 Overhead(15%) $173,648 Total $1,331,304 Exhibit C Assurance of Compliance ivitle Applicable Federal Law During the performance of this Agreement, the Utility, for itself, its assignees, and successors in interest agrees as follows: 1, Compliance with Regulations: The Utility will comply with the statutes and regulations relative to the Non- discrimination in Federally-assisted programs of the U.S.Department of Transportation, Federal Railroad Administration(FRA),as they may be amended from time to time, which are herein incorporated by reference and made a part of this contract. Such statutes and regulations are referred to herein as "Non-discrimination Authorities." 2. Non-discrimination: The Utility,with regard to the work performed by it during the contract,will not discriminate on the grounds of race, color,or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The Utility will not participate directly or indirectly in the discrimination prohibited by the Non-discrimination authorities, including employment practices when the contract covers any activity,project,or program set forth in Appendix B of 49 C.F.R. Part 21. 3. Solicitations for Subcontracts,Including Procurements of Materials and Equipment: In all solicitations,either by competitive bidding or negotiation made by the Utility for work to be performed under a subcontract, including procurements of materials,or leases of equipment,each potential subcontractor or supplier will be notified by the Utility of the Utility's obligations under this contract and the Non-discrimination Authorities. 4. Information and Reports: The Utility will provide all information and reports required by the Non-discrimination Authorities and directives issued pursuant thereto and will permit access to its books, records, accounts,other sources of information, and its facilities may be determined by the LOCAL AGENCY or FRA to be pertinent to ascertain compliance with such Non- discrimination Authorities and directives. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Utility will so certify to the LOCAL AGENCY or FRA,as appropriate, and will set forth what efforts it has made to obtain the information. 5. Sanctions for Noncompliance: In the event of a Utility's non-compliance with the Non-discrimination provisions of this contract,the LOCAL AGENCY will impose such contract sanctions as it or FRA may determine to be appropriate, including, but not limited to: a. Withholding payments to the Utility under the contract until the Utility complies; and/or b. Cancelling, terminating,or suspending a contract, in whole or in part. 6. Incorporation of Provisions: The Utility will include the provisions of paragraphs one through six in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Non-discrimination Authorities and directives issued pursuant thereto. The Utility will take action with respect to any subcontract or procurement as the LOCAL AGENCY or FRA may direct as a means of enforcing such provisions including sanctions for noncompliance. Provided, that if the Utility becomes involved in,or is threatened by litigation by a subcontractor,or supplier because of such direction,the Utility may request the LOCAL AGENCY to enter into any litigation to protect the interest of the LOCAL AGENCY. In addition,the Utility may request the United States to enter into the litigation to protect the interests of the United States. 7. Pertinent Non-Discrimination Authorities: • Title VI of the Civil Rights Act of 1964(42 U.S.C. § 2000d et seq., 78 stat.252), (prohibits discrimination on the basis of race,color,national origin);and 49 C.F.R. Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. §4601),(prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal-aid programs and projects); • Federal-Aid Highway Act of 1973,(23 U.S.C. § 324 et seq.),(prohibits discrimination on the basis of sex); • Section 504 of the Rehabilitation Act of 1973,(29 U.S.C. § 794 et seq.)as amended, (prohibits discrimination on the basis of disability);and 49 C.F.R. Part 27; • The Age of Discrimination Act of 1975, as amended,(42 U.S.C. § 6101 et seq.), (prohibits discrimination based on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibit discrimination based on race,creed,color, national origin, or sex); • The Civil Rights Restoration Act of 1987, (PL 100-209),(Broadened the scope, coverage and applicability of Title VI of the Civil Rights Act of 1964,The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms"programs or activities"to include all of the programs or activities of the Federal-aid recipients, sub-recipients and contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilities Act,which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189)as implemented by Department of Transportation regulations at 49 C.F.R. Parts 37 and 38; • The Federal Aviation Administration's Non-discrimination statute(49 U.S.C. § 47123)(prohibits discrimination on the basis of race, color, national origin,and sex); • Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations,which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; • Executive Order 13166. Improving Access to Services for Persons with Limited English Proficiency,and resulting agency guidance, national origin discrimination include discrimination because of limited English proficiency(LEP). To ensure compliance with Title VI,you must take reasonable steps to ensure that LEP persons have meaningful access to your programs(70 Fed. Reg.at 74087 to 74100); • Title IX of the Education Amendment of 1972,as amended,which prohibits you from discriminating because of sex in education programs or activities(20 U.S.C. § 1681 et seq). 8. Compliance with 2 C.F.R.Part 200,Uniform Administrative Requirements,Cost Principles and Audit Requirements: This Agreement shall be subject to 2 C.F.R. Part 200, Uniform Administrative Requirements,Cost Principles and Audit Requirements for Federal Awards and the United States Department of Transportation implementing regulations at 2 C.F.R.Part 1202 (see 2 C.F.R. § 200.1 01), and such provisions are incorporated by reference herein. 9. Prohibition in Trafficking in Persons: Utility and any contractor thereof performing Work identified in the Agreement shal I not (a)engage in any form of trafficking in persons during the period of this Agreement; (b) procure a commercial sex act during the period of time that the award is in effect, or(c) use forced labor in the performance of this Agreement. This Agreement shall be terminated if Utility, a contractor thereof,or any of their employees, officers, or officials is determined to have either violated any provision of this paragraph directly or through conduct imputed to the LOCAL AGENCY or Utility pursuant to the standards set forth in 2 C.F.R. part 180,as implemented at 2 C.F.R. part 1200. Utility and any contractors thereof performing Work identified in the Agreement shall notify the LOCAL AGENCY immediately if they receive information from any source alleging a violation of this paragraph during the term of this Agreement. 10. DBE Requirements: This Agreement is not subject to a mandatory Disadvantaged Business Enterprises ("DBE")goal. In the absence of a mandatory DBE, the Utility shall continue their outreach efforts to provide SBE firms maximum practicable opportunities. I 1. Federal Railroad Administration Review: Utility acknowledges that the Federal Railroad Administration (FRA)has the right to review or examine any services provided under or part of this Agreement(including subcontracts)while such services are in progress or upon completion. Utility agrees to comply with all applicable provisions governing FRA's access to records, accounts,documents, information, facilities, and staff. 12.Minimum Wage Rates:The amounts paid by Utility for labor in connection with the work identified in the Agreement shall meet or exceed the amounts predetermined by the United States Secretary of Labor, in accordance with the Davis-Bacon Act,40 U.S.C. 3141-3148 (as supplemented by Department of Labor regulation in 29 CFR Part 5)and/or 23 U.S.C. 113,that contractors must pay to skilled and unskilled labor. Such minimum rates shall be stated in Utility's invitations for bids and shall be included in proposals or bids for the work under this Agreement.Provided, however, that Utility is not subject to those provisions of the Davis-Bacon Act and/or 23 U.S.C. 113 which,according to the terms of those statutes and pertinent regulations, would not apply to Utility but for this paragraph 12. 13. Buy America: a. Steel, iron, and manufactured goods used in the Project are subject to 49 U.S.C. 22905(a), as implemented by the Federal Railroad Administration,as if this award were to carry out chapter 229 of title 49, United States Code.Utility acknowledges that this Agreement is neither a waiver of 49 U.S.C. 22905(a)(l) nor a finding under 49 U.S.C.22905(a)(2). Utility agrees to comply with 49 U.S.C. 22905(a) in performance of this Agreement. b. Construction materials used in the Project are subject to the domestic preference requirement at § 70914 of the Build America, Buy America Act, Publ. L.No. 117- 58,div.G,tit. TX,subtitle A, 135 Stat.429, 1298 (2021), as implemented by OMB, USDOT,and FRA.Utility acknowledges that this Agreement is neither a waiver of§ 70914(a) nor a finding under § 70914(b). Utility agrees to comply with § 70914 of the Build America, Buy America Act in performance of this Agreement. c. Under 2 C.F.R. 200.322,as appropriate and to the extent consistent with law, Utility should,to the greatest extent practicable under this Agreement, provide a preference for the purchase,acquisition, or use of goods,products, or materials produced in the United States. Utility shall include the requirements oft C.F.R. 200.322 in all contracts and purchase orders for work or products under this Agreement. 14. Small and Disadvantaged Business Requirements: With regard to work performed under this Agreement. Utility shall comply with 2 C.F.R.200.321 ("Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms"), and to the extent applicable,49 C.F.R. part 26("Participation by disadvantaged business enterprises in Department of Transportation financial assistance programs"). 15. Foreign Market Restrictions: Utility shall not allow funds provided under this award to be used to fund the use of any product or service of a foreign country during the period in which such foreign country is listed by the United States Trade Representative as denying fair and equitable market opportunities for products and suppliers of the United States in procurement and construction. 16. Prohibition on Contracting with Entities With Delinquent Tax Liability or a Felony Conviction Under Federal Law: a. By signing the Agreement, Utility certifies that Utility(i)does not have any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, (ii)does not have any unpaid Federal tax liability that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (iii) was not convicted of a felony criminal violation under any Federal law within the preceding 24 months. b. If Utility has such an unpaid Federal tax liability or Federal felony conviction that was not previously disclosed,then it must immediately notify the LOCAL AGENCY of the same in writing. c. In all contracts entered into by Utility with third parties in connection with this agreement, Utility shall require the third party to provide the same certification identified in paragraph 16(a)herein. Before entering into such an agreement with any third party,Utility shall check the System for Award Management"SAM")at http://www.sam.gov/for an entry describing that entity. d. If a third party entering into a contract with Utility that is connected to this Agreement cannot make the certification in paragraph 16(a) herein,then Utility shall not enter into the contract or continue performance under the contract with the third party unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. e. If, after having entered into a contract with a third party, Utility learns the third party has a delinquent Federal tax liability or Federal felony conviction,then Utility must(i) immediately notify the LOCAL AGENCY in writing,and(ii)shall not continue performing under the contract unless the USDOT has determined in writing that suspension or debarment of that entity are not necessary to protect the interests of the Government. f. If Utility enters into agreements with others to provide goods or services in connection with the work identified in the Agreement,then all such agreements shall require the SAM check in paragraph 16(c), certifications in paragraph I6(a), as well as the prohibitions and required notifications identified in paragraphs 16(d)and(e) herein. 17.Text Messaging While Driving: a. Workplace Safety. In accordance with Executive Order 13513. Federal Leadership on Reducing Text Messaging While Driving(Oct. I, 2009)and DOT Order 3902.10,Text Messaging While Driving(Dec. 30,2009),the Utility is encouraged to: 1. Adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers including policies to ban text messaging while driving (i) company-owned or-rented vehicles or Government-owned, leased or rented vehicles; or(ii)privately-owned vehicles when on official Government business or when performing any work for or on behalf of the Government. 2. Conduct workplace safety initiatives in a manner commensurate with the size of the business,such as(i)establishment of new rules and programs or re- evaluation of existing programs to prohibit text messaging while driving;and (ii)education, awareness, and other outreach to employees about the safety risks associated with texting while driving. b. Contracts.To the extent permitted by law,the Utility shall insert the substance of this paragraph 17, including subparagraph(b), in all contracts with third parties to supply goods or services to complete the work identified in this Agreement.This paragraph 17(b)does not apply to contracts for the acquisition of commercially available off-the-shelf items. l 8.Prohibition on Providing Funds to the Enemy: a. Utility must: I. Exercise due diligence to ensure that none of the funds, including supplies and services, received under this agreement are provided directly or indirectly (including through subcontracts)to a person or entity who is actively opposing the United States or coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities, which must be completed through 2 CFR 180.300 prior to entering into a contract; and 2. Terminate or void in whole or in part any contract with a person or entity listed is SAM as a prohibited or restricted source pursuant to subtitle E of Title VIII of the NDAA for FY 2015,unless the Federal awarding agency provides written approval to continue the contract. b. Utility may include the substance of this clause, including paragraph(a)of this clause, in contracts under this Agreement that have an estimated value over $50,000 and will be performed outside the United States, including its outlying areas. c. The Federal Railroad Administration (FRA) has the authority to terminate or void this Agreement, in whole or in part, if the FRA becomes aware that Utility failed to exercise due diligence as required by paragraph 18(a) herein or if the FRA becomes aware that any funds received from the Federal government for work identified in the Agreement have been provided directly or indirectly to a person or entity who is actively opposing coalition forces involved in a contingency operation in which members of the Armed Forces are actively engaged in hostilities. 19.Provisions Required by 2 CFR Part 200,Appendix II: Utility is subject all provisions identified in Appendix II to 2 CFR Part 200. Such provisions that are not otherwise identified in the Agreement or this exhibit are identified below: a. Equal Employment Opportunity. During the performance of this Agreement, Utility agrees as follows: (1)Utility will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation,gender identity, or national origin. Utility will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race,color,religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: employment,upgrading, demotion,or transfer; recruitment or recruitment advertising; layoff or termination;rates of pay or other forms of compensation;and selection for training, including apprenticeship. Utility agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2)Utility will, in all solicitations or advertisements for employees placed by or on behalf of Utility, state that all qualified applicants will receive consideration for employment without regard to race, color, religion,sex, sexual orientation,gender identity,or national origin. (3)Utility will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed,or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information,unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing,or action, including an investigation conducted by the employer,or is consistent with Utility's legal duty to furnish information. (4) Utility will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice advising said labor union or workers'representatives of Utility's commitments under this section,and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5)Utility will comply with all provisions of Executive Order 11246 of September 24, 1965,and of the rules, regulations,and relevant orders of the Secretary of Labor. (6) Utility will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto,and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of Utility's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders,this contract may be canceled, terminated,or suspended in whole or in part and Utility may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor,or as otherwise provided by law. (8)Utility will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs(1)through(8) in every subcontract or purchase order unless exempted by rules,regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. Utility will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance.Provided, however,that in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, Utility may request the United States to enter into such litigation to protect the interests of the United States. b. Copeland "Anti-Kickback"Act. Utility shall comply with 40 U.S.C. 3145 as supplemented by 29 C.F.R. Part 3. Utility acknowledges that it is prohibited from inducing, by any means, any person employed in the construction,completion,or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. Utility agrees to timely report all suspected or reported violations to the LOCAL AGENCY. c. Contract Work Hours and Safety Standards Act. Utility shall comply with 40 U.S.C. 3701-3708 to the extent applicable. d. Compliance with Environmental Law. Utility shall comply with all applicable provisions of the Clean Air Act(42 U.S.C. 7401-7671q.)and the Federal Water Pollution Control Act(33 U.S.C. 1251-1387), as amended. e. Byrd Anti-Lobbying Amendment. Utility certifies that it has not and will not use Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,a member of Congress,officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Utility must disclose any lobbying using non-Federal funds that takes place in connection with obtaining any Federal award. f. Procurement of Recovered Material.To the extent applicable to the work identified in the Agreement, Utility shall comply with 2 CFR §200.323. g. Prohibition on Video Surveillance Equipment from Certain Foreign Entities.To the extent applicable to the work identified in the Agreement, Utility shall comply with 2 CFR § 200.216. DATE(MM/DDNYYY) ACORD® CERTIFICATE OF LIABILITY INSURANCE �,..� 9/15/2024 9/5/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER LOCKTON COMPANIES CONTACT NAME: 3657 BRIARPARK DRIVE,SUITE 700 PHONE FAX HOUSTON TX 77042 E-MAILo Extl: (A/C,No): 866-260-3538 ADDRESS: INSURER(S)AFFORDING COVERAGE NAIL# INSURER A:Old Republic Insurance Company 24147 INSURED ET CC Holdings LLC INSURER B:ACE American Insurance Company 22667 1435373 1300 Main St. INSURER C: Houston TX 77002 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 18003864 REVISION NUMBER: XXXXXXX THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR POLICY EFF POLICY EXP LTR INSD SWVD POLICY NUMBER POLICY EFF POLICY EXP LIMITS TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) A X COMMERCIAL GENERAL LIABILITY Y Y MWZY 59829-23 9/15/2023 9/15/2024 EACH OCCURRENCE $ 10,000,000 DAMAGE RENTED CLAIMS-MADE X OCCUR PREMISESO(Ea occurrence) $ 10,000,000 MED EXP(Any one person) $ XXXXXXX PERSONAL&ADV INJURY $ 10,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 10,000,000 X POLICY JECT LOC PRODUCTS-COMP/OP AGG $ See Below OTHER: $ A AUTOMOBILE LIABILITY y y MWTB 21711-23 9/15/2023 9/15/2024 COMBINED SINGLE LIMIT $ A MWZX 315003-23 9/15/2023 9/15/2024 (Ea accident) 10,000,000 x ANY AUTO BODILY INJURY(Per person) $ XXXXXXX OWNED SCHEDULED BODILY INJURY(Peraccident) $ AUTOS ONLY AUTOS XXXXXXX HIRED NON-OWNED PROPERTY DAMAGE $ XXX} �X AUTOS ONLY AUTOS ONLY (Per accident) X MCS-90 $ XXXXXXX A UMBRELLA LIAB OCCUR Y Y MWZX 314235-23 9/15/2023 9/15/2024 EACH OCCURRENCE $ 10,000,000 X EXCESS LIAB X CLAIMS-MADE AGGREGATE $ 10,000,000 DED RETENTION$ $ XXXXXXX WORKERS COMPENSATION Y PER OTH- B AND EMPLOYERS'LIABILITY WLR C50726435 9/15/2023 9/15/2024 X STATUTE ER B ANY PROPRIETOR/PARTNER/EXECUTIVE Y/N SCF C50726514 9/15/2023 9/15/2024 E.L.EACH ACCIDENT $ 10,000,000 B OFFICER/MEMBER EXCLUDED? N N I A (MO,NC,OK.PA,WI) (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 10,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ 10,000,000 B *Excess Workers Compensation N Y WCU C50726678 9/15/2023 9/15/2024 EL Each Acc$10MM (OH) EL Disease-Policy Lim$10MM EL Disease-Each Empl$10MM DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) EXCESS WORKERS COMPENSATION-*POLICY APPLIES TO OHIO. Products/Completed Operations Aggregate Limit Subject to the General Aggregate Limit. All policies(except Workers'Compensation/EL)contain a special endorsement with"Primary and Noncontributory"wording. Re: City of Spokane Valley—Ordinance No. 21-022 CERTIFICATE HOLDER CANCELLATION See Attachment SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 18003864 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of Spokane Valley 10210 East Sprague Avenue Spokane Valley WA 99206 AUTHORIZED REPRESENTATIVE •�� ©1988-2015 ACORD CORPORATIO . All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Attachment Code: D554141 Master ID: 1435373,Certificate ID: 18003864 All policies (except Workers' Compensation/EL) include a blanket automatic additional insured endorsement [provision] that confers additional insured status to the certificate holder only if there is a written contract between the named insured and the certificate holder that requires the named insured to name the certificate holder as an additional insured. In the absence of such a contractual obligation on the part of the named insured, the certificate holder is not an additional insured under the policy. All policies include a blanket automatic waiver of subrogation endorsement [provision] that provides this feature only when there is a written contract between the named insured and the certificate holder that requires it. In the absence of such a contractual obligation on the part of the named insured, the waiver of subrogation feature does not apply. J.DAVID GIPSON President David.Gipson@p66.com YELLOWS ONEPIPELINECOMPANY., 2331 CityWest Blvd. Houston,TX 77042 Tel: 832-765-1618 May 3, 2023 City of Spokane Valley do the Office of the City Attorney 10210 East Sprague Avenue Spokane Valley, WA 99206 Phone: (509) 720-5150 via courier attn. Mr. Cary P. Driskell and emailed to: cdriskell@spokanevalley.org To Whom it May Concern: Pursuant to Section 15 of Ordinance 21-022 (i.e., the Yellowstone Pipe Line Company Franchise Agreement), we hereby provide to you this courtesy notice regarding the proposed sale of ExxonMobil's Rocky Mountains business to affiliates of Par Pacific Holding, Inc. (as reflected in the sales agreement filed by the buyer with, and publicly available through, the Securities and Exchange Commission). Upon the closing of that sale, which is anticipated to occur in 2Q2023, 100%of the ownership of Yellowstone Logistics Holding Company (YLHC) will transfer from ExxonMobil Pipeline Company to Par Montana Holdings, LLC. We do not believe that notice under Section 15 is required because: (1)the ownership of Yellowstone Pipeline Company (YPLC) remains unchanged by the sale (40% of YPLC will continue to be owned by YLHC); and(2)your Guarantee from YLHC remains unchanged by the sale (YLHC will continue to be a 40%owner of YPLC and a mandatory Guarantor as described in the Franchise Agreement). While the evidence of the insurance obligation of Yellowstone Logistics Holding Company that you have in your files remains in effect, we have attached evidence of Par Pacific Holdings, Inc. financial fitness as the new parent of Yellowstone Logistics Holding Company. Sincerely, J. David Gipson President Yellowstone Pipe Line Company Par Pacific April 11, 2023, City of Spokane Valley 10210 E. Sprague Ave Spokane Valley, WA 99206 Re: Letter from Chief Financial Officer of Par Montana, LLC and Par Petroleum, LLC To Whom It May Concern: I am the chief financial officer of Par Montana, LLC and Par Petroleum, LLC. This letter is in support of the use of the financial test of self-insurance to demonstrate financial responsibility for taking corrective action caused by sudden accidental releases in the amount of at least $30,000,000 per occurrence. This represents a 40%ownership in financial assurance of the $75,000,000 in excess of Yellowstone Pipeline primary self-insurance limit of$25,000,000. A financial test on Exhibit A is also used to demonstrate evidence of financial responsibility in the following amounts under other EPA regulations or state programs authorized by EPA under 40 CFR Parts 271 and 145. Exhibit A is based on financials of Par Petroleum, LLC as of 12/31/2022 and does not include the pro forma benefit of the Billings acquisition. This owner and guarantor have not received an adverse opinion, a disclaimer of opinion, or a "going concern" qualification from an independent auditor on its financial statements for the latest completed fiscal year. The information on Exhibit B demonstrates the criteria of ARM 17.56.807(2) are met and we are in compliance with the financial test requirements. Sincerely, Shawn Flores Chief Financial Officer Exhibit A Amount $75,000,000 excess liability $75,000,000 Par Pacific ownership percentage 40% Total excess self-insurance demonstrated $30,000,000 Exhibit B Alternative I 1. UST coverage not applicable (UST coverage if needed is provided by commercial UST insurance policy) 2. Amount of liability coverage, and plugging and abandonment costs covered by a financial test, and/or guarantee $ 30,000,000 3. Sum of lines 1 and 2 $ 30,000,000 4. Total tangible assets $3,127,639,000 5. Total liabilities [if any of the amount reported on line 3 is included in total liabilities, you may deduct that amount from this line and add that amount to line 6] $2,747,757,000 6. Tangible net worth [subtract line 5 from line 4] $ 379,882,000 Yes/No 7. Is line 6 at least $10 million? Yes 8. Is line 6 at least 10 times line 3? Yes 9. Have financial statements for the latest fiscal year been filed with the Securities and Exchange Commission? Yes 10. Have financial statements for the latest year been filed with the Energy Information Administration? No* 11. Have financial statements for the latest fiscal year been filed with the Rural Utilities Service? No* 12. Has financial information been provided to Dun and Bradstreet, and has Dun and Bradstreet provided a financial strength rating of 4A or 5A? [Answer "Yes" only if both criteria have been met.] No* *Par Petroleum, LLC is fully owned by Par Pacific Holdings, Inc. Par Pacific Holdings, Inc. files financial statements annually with the U.S. Securities and Exchange Commission.