NOTICE OF SALE SALE No. 042424

2 Petroleum Tanks Manitoba Hydro offers for sale 2 skid mounted, 250,000 L each petroleum tanks with fill and drain valves, with ladders and catwalks up top, as listed on the attached sheets and on the terms and conditions described herein:

NOTE: Offers must be submitted on the "Offer to Purchase" form (attached) and on the Terms and Conditions of Sale set out below, and contained in the form. FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER.

CLOSING DATE: Offers will be received until 16:00 hours, Manitoba local time, September 30, 2021, at Manitoba Hydro, PURCHASING DEPARTMENT, as follows:

EMAILED: lbernhardt@hydro.mb.ca

All offers are irrevocable and open for acceptance by Manitoba Hydro for a period of seven (7) calendar days after the closing date (that is, the closing date is not counted in the period).

For any other information regarding this sale, please contact Lucy Bernhardt, email lbernhardt@hydro.mb.ca

Manitoba Hydro reserves the right to accept or to reject any or all offers, and the highest offer will not necessarily be accepted. Further, Manitoba Hydro reserves the right to withdraw this invitation to offer, prior to receipt of an offer for same, regardless of whether the time for receipt of offers has closed, and regardless of whether any offer has been submitted.

Winnipeg, Manitoba

L.Scanlon Manager

Purchasing Department

Available in Accessible Formats Upon Request

OFFER TO PURCHASE MANITOBA HYDRO

2 Petroleum tanks

SALE No. 042424

I/We (hereinafter the “Purchaser”) hereby offer to purchase the ITEM described below (hereinafter the "Goods") at the price and on the Terms and Conditions of Sale, set forth below.

The Purchaser shall contact MB Conservation and Climate (MCC) to obtain confirmation that purchasing of a used petroleum tank is authorized. This written confirmation shall be forwarded to MH upon receipt and prior to removal of the tanks. TERMS AND CONDITIONS OF SALE

1. All offers must be stated in Canadian Funds.

2. The Goods will be available for removal upon payment. Access to site is permitted from

07:00 hours to 16:00 hours, Monday through Friday. 3. The Purchaser shall be responsible for any damages that may result to Manitoba Hydro

property, during the removal process.

4. Safety Procedures that must be adhered to are as follows:

• Manitoba Hydro reserves the right to stop the Purchaser’s work, at any time, in case of the Purchaser’s unsafe work or practice.

• A site orientation and review of safety requirements will be conducted prior to start of the

removal and adherence to all Manitoba Hydro safety rules will be required. Wearing of hard hats and steel toe boots with an electrical rating and eye protection will also be required.

Available in Accessible Formats Upon Request

5. Insurance of the Goods purchased, if desired, is the sole responsibility of the Purchaserimmediately on payment of same.

6. The Purchaser shall provide, maintain and pay for the insurance coverage listed below. ThePurchaser shall supply Manitoba Hydro with a certified copy of the required policy ofinsurance and all renewals of the policy. A Certificate of Insurance may be submitted in placeof the policy, provided that all terms and conditions of required coverage are specified in theCertificate. All documentation must be submitted to Manitoba Hydro prior to the removal ofequipment and materials.

The policy shall be endorsed to provide Manitoba Hydro with not less than 30 days writtennotice in advance of cancellation, change or amendment restricting coverage, and to showManitoba Hydro as an Additional Insured.

The Purchaser shall be responsible for any deductible amounts under the policy. Should aloss be sustained, the Purchaser shall act on behalf of both Manitoba Hydro and thePurchaser for the purpose of adjusting the amount of loss with the insurance companies.

General Liability Insurance

General Liability Insurance shall provide limits of not less than $5,000,000 inclusive peroccurrence for bodily injury, death, and damage to property including loss of use thereof,with a property damage deductible of not more than $50,000 per occurrence.

The General Liability Insurance shall include insurance coverage for the following:(a) Premises Property and Operations(b) Products and Completed Operations(c) Blanket Contractual Liability(d) Cross Liability(e) Non-owned Automobile Liability(f) Occurrence Property Damage

7. The Purchaser shall at all times pay, or cause to be paid, any assessment or compensationrequired to be paid pursuant to The Workers Compensation Act, R.S.M. 1987, c. W200, andupon failure to do so, Manitoba Hydro may pay such assessment or compensation to TheWorkers Compensation Board, and may deduct the amount thereof from monies due or tobecome due to the Purchaser. Manitoba Hydro may, at any time during the performance andupon the completion of the work, require a declaration from The Workers CompensationBoard that such assessments or compensation have been paid in full, and may withhold finalpayment to the Purchaser until such declaration has been received.

8. The Goods are to be entirely removed to the satisfaction of Manitoba Hydro. Should thePurchaser fail to remove the entire Goods, Manitoba Hydro will do so and bill the Purchaserfor costs incurred.

9. This sale is subject to 5% Goods and Services Tax. The Purchaser is required to quoteapplicable Manitoba Sales Tax Number or the sale will be subject to 7 % Manitoba Sales Tax.

10. Manitoba Hydro and its agents and employees shall not be liable for damage, injury, death, orfor any loss of or damage to any property arising out of the inspection, handling, removal, useor demolition of the Goods listed herein, and the Purchaser shall indemnify and save harmlessManitoba Hydro in all respects thereof.

If the Purchaser sells or gives the Goods to a Third Party, the Purchaser shall advise them ofthe Terms and Conditions contained herein and shall indemnify and save harmless ManitobaHydro, its agents and employees from and against all claims, damages, expenses or costswhich may arise as a result of such sale or gift. Available in Accessible Formats Upon Request

11. Manitoba Hydro may accept an offer(s), if any, verbally including via telephone, in writing via facsimile, or in writing via regular mail. Notice of such acceptance will be communicated to a Purchaser at the telephone number, fax number, or mailing address indicated on the offer. Notices shall be deemed effectually given and received when, if made verbally when so given, if made by facsimile when faxed to the Purchaser’s fax number, and if made via regular mail when posted.

12. The full offer purchase price plus applicable taxes must be paid by cheque or money order

(payable to Manitoba Hydro) and received by Manitoba Hydro not later than seven (7) days after receipt of invoice.

13. Payments to be delivered to:

Lucy Bernhardt Manitoba Hydro Purchasing Department 360 Portage (2nd floor) Winnipeg MB R3C0G8

Or by wire transfer

14. The Goods are sold on an "AS IS - WHERE IS" basis; and shall be removed "AS IS - WHERE IS from site. It is understood and agreed that no representation, warranty, collateral agreement, promise, undertaking, guarantee or condition affecting this agreement or the Goods has been made by, or on behalf of, Manitoba Hydro.

15. The Purchaser shall be pick up from Thompson Service Center, Highway 6 South Hydro 1.

16. Removal of the Goods by the Purchaser shall be completed NO LATER THAN OCTOBER 30, 2020.

17. All risk of loss and damage to the Goods shall transfer from Manitoba Hydro to the Purchaser at the time of acceptance of the offer. Title in and to the Goods shall transfer from Manitoba Hydro to the Purchaser when the Goods have been removed by the Purchaser from Manitoba Hydro’s site.

18. If the Purchaser is in default of any of its obligations hereunder, including without limitation:

(a) the Purchaser has not paid for the Goods in full as required herein; or (b) the Purchaser has not, regardless of reason or cause, and regardless whether risk of

loss and damage and/or title has transferred to the Purchaser, removed the Goods as required herein on or before NO LATER THAN October 30, 2020.

Manitoba Hydro shall be entitled to retain the purchase price if paid, but whether or not Manitoba Hydro has then terminated or thereafter terminates Manitoba Hydro’s right and obligation to sell and the Purchaser’s right and obligation to purchase under this agreement by virtue of the Purchaser’s default, retention of the purchase price shall not itself constitute a termination of the agreement and shall not restrict Manitoba Hydro from exercising any other rights or remedies which Manitoba Hydro may have hereunder or at law or equity by virtue of the Purchaser’s default, including the right to claim damages from the Purchaser which Manitoba Hydro sustains in excess of the purchase price. Available in Accessible Formats Upon Request

19. The Purchaser shall indemnify and hold harmless Manitoba Hydro against and from any and

all claims, damages, losses and expenses whatsoever that Manitoba Hydro may suffer or be put to in respect of: (a) bodily injury, sickness, disease or death, of any person whatsoever, and (b) damage to or loss of any property, real or personal to the extent such injury, damage or loss is attributable to any negligence or breach of contract by the Purchaser or those for whom it is responsible; and provided further such Purchaser obligation shall not apply where such injury, damage or loss is solely attributable to the negligence or breach of contract by Manitoba Hydro or those for whom it is responsible.

20. This offer may be executed and delivered by email, and shall be binding as if executed by

original signature and delivered personally.

21. Time shall be in all respects of the essence.

Available in Accessible Formats Upon Request

DESCRIPTION

2 petroleum tanks

Skid mounted, 250,000 L each petroleum tanks with fill and drain valves, with

ladders and catwalks up top,

Price: $____________________________/each

NOTE:

Offers must be submitted on this form.

FAILURE TO COMPLETE THIS FORM CORRECTLY MAY INVALIDATE YOUR OFFER.

This Offer is submitted by:

(LEGAL Company or Individual Name) (Signature)

(Mailing Address) (Name – Please Print)

(Including postal code) (Manitoba Sales Tax License #) [If applicable]

(Telephone #) ('Hazardous Waste' Provincial Registration #) [If applicable]

(Fax #) (E‐mail)

(Date) Available in Accessible Formats Upon Request

Available in Accessible Formats Upon Request