MANITOWOC PUBLIC UTILITIES

REQUEST FOR QUOTATION

NUMBER MPUE16-01

for

UNDERGROUND UTILITY LOCATING SERVICES

Due: October 12, 2016, at 1:00 PM

 NOTICE TO CONTRACTORS

FOR

UNDERGROUND UTILITY LOCATING SERVICES

The Manitowoc Public Utilities (MPU) invites you to quote on labor, equipment and materials for
underground utility locating services. The period of the agreement is to be from January 1, 2017
through December 31, 2017 with an option to renew for two (2) additional years, 2018 and 2019.

The contract award will be based on the cost to complete underground locating services, based on a
typical annual quantity of locating activities.

Sealed quotations will be received at the office of the Manitowoc Public Utilities, 1303 South 8th
Street, Manitowoc, Wisconsin 54220, until 1:00 p.m. CST on October 12, 2016. All quotations shall
be in strict accordance with the specifications, and addenda, thereto, as are on file in the office of the
Manitowoc Public Utilities.

Detailed specifications and form of contract can be obtained from Steve Bacalzo, Distribution
Operations Manager at (920) 686-4310.

A certified check, cashier’s check, or bid bond in the amount of $500 must accompany each
quotation a surety that the contractor which is awarded the contract shall sign the contract within ten
calendar days of award or forfeit the surety.

All quotations shall be made on forms as embodied in and made a part of the specifications, and
shall be addressed to:

Manitowoc Public Utilities

Attention: Secretary to the General Manager
1303 S. 8th Street
Manitowoc, Wisconsin 54220.

The quotations shall be in sealed envelopes and must be labeled:

“UNDERGROUND UTILITY LOCATING SERVICES”

Published by authority of: MANITOWOC PUBLIC UTILITIES

BY: Nilaksh Kothari

MPU General Manager

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 UNDERGROUND UTILITY LOCATING SERVICES
PROPOSAL

DEFINITIONS:
OWNER: Manitowoc Public Utilities (MPU)
CONTRACTOR: Company to which this contract is awarded
LOCATOR: Employee of the CONTRACTOR

1) Locating equipment, materials and services provided by the Contractor will vary considerably
by the number, nature, and complexity of locate requests received from Digger’s Hotline. The
following information will help the Contractor to approximate the need for equipment,
material, and/or labor requirements. The following information is an estimate of annual
work quantities to provide a basis for evaluating quotations. It is not a guarantee or
limit of compensable work:

Locates No Locate Required Project Hours*

Electric 1400 1200 150
Fiber Optic 100 2500 5
Steam/Hot Water 10 2590 15
Water 1300 1300 150
* Project hours are used for locates which require more than 59 minutes locating per
transmittal, excluding travel time. All billing shall be at ¼ hour increments and clearly
designated as such on all invoices.

2) The successful Contractor will identify, locate and mark all electric, water, fiber optic,
steam, and district heating (hot water) infrastructure, responding to Wisconsin one-call
(Digger’s Hotline) notifications to satisfy Facility Owner responsibilities of Wisconsin
statute 182.0175 on the behalf of MPU.

3) Failure to provide a price for any line item may result in the rejection of the submitted Quotation.

4) The term of this Contract shall be for one (1) year with an option for Manitowoc Public Utilities
to renew it for two (2) more years in one (1) year increments.

5) All equipment must be reliable and in good condition. Contractor personnel shall be skilled,
trained, equipped and experienced in all duties including, but not limited to, underground utility
locating and marking.

6) If the equipment or Contractor’s personnel are unable to perform satisfactorily, the Owner shall
determine what steps shall be taken to continue the work. Continuing problems with the
equipment or Contractor personnel may result in termination of the contract by the Owner.

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7) Contractor must supply equipment and Locator(s) at any time, including weekends and holidays,
to satisfy the locating and marking requirements of Digger’s Hotline. If Contractor fails to meet
these requirements, then Owner reserves the right to terminate this contract.

8) Specifications
“Specifications for Underground Utility Locating Services” provides the requirements for
Contractor performance and are incorporated herein by reference.

9) Bid Bond
Each quote shall be accompanied by a surety in the form of a CERTIFIED CHECK, CASHIER’S
CHECK or BID BOND payable to the OWNER in the minimum amount of $500. After the
quotes have been compared, the OWNER will return the surety to all except the three lowest
quoted Contractors. When the AGREEMENT is executed by the lowest quoted Contractor, the
sureties of the two remaining unsuccessful Contractors will be returned. The surety of the
successful Contractor will be retained until the PERFORMANCE BOND and CONTRACT have
been executed and approved, after which the surety will be returned.

The time limit for filing the executed CONTRACT and PERFORMANCE BOND is 10 business
days from the time the OWNER notifies the Contractor in writing that the contractor is the
successful Contractor. Successful Contractor shall forfeit the bid surety if these requirements are
not satisfied.

10) Performance Bond

Upon award of the contract, MPU reserves the right to require the Contractor to provide a
Performance Bond in the amount of $25,000, the estimated annual value of this contract, for the
duration of the contract. Should the Contractor be unable to fulfill the contract requirements, and
MPU requires the services of another Contractor, MPU has the right to call upon the
Performance Bond to pay any extra costs associated with hiring the second Contractor to
complete the work for the remaining period of the contract.

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11) Insurance Requirements
The limits of liability for insurance shall provide coverage for not less than the following
amounts or greater where required by Laws and Regulations:

Workers’ Compensation:

State: Statutory
Applicable Federal (e.g., Longshoreman’s): Statutory
Employer’s Liability: $ 1,000,000

Contractor’s General Liability shall be written on the most current ISO CG 00 01 or

equivalent form and eliminate the exclusion with respect to property under the care, custody
and control of Contractor:

a. General Aggregate
(on a per project basis) $ 2,000,000

b. Products - Completed
Operations Aggregate $ 2,000,000

c. Personal and Advertising

Injury $ 1,000,000

d. Each Occurrence
(Bodily Injury and
Property Damage) $ 1,000,000

e. Property Damage liability insurance will provide

Explosion, Collapse, and Under-ground coverages
where applicable.

f. Excess or Umbrella Liability

General Aggregate $ 5,000,000

Each Occurrence $ 5,000,000

Automobile Liability:

g. Combined Single Limit of $ 1,000,000

Contractual Liability coverage as provided in the most current CG 00 01 or equivalent

form. Policy shall be free of any endorsement or language limiting contractual liability
coverage beyond the limitations of CG 00 01.

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 Manitowoc Public Utilities
Quotation for Underground Utility Locating Services

Contractor proposes to charge for services per the following schedules.

YEAR 2017 Per No Locate Project “Watch Dog”
Locate Required Hourly Rate Hourly Rate**
Electric Not Applicable
Fiber Optic
Steam/Hot Water Not Applicable
Water Not Applicable

** MPU may assign the successful Contractor to perform an “excavation watch” or “watch dog” service
for excavations deemed to threaten its fiber optic infrastructure.

YEAR 2018 Per No Locate Project “Watch Dog”

Locate Required Hourly Rate Hourly Rate
Electric Not Applicable
Fiber Optic
Steam/Hot Water Not Applicable
Water Not Applicable

YEAR 2019 Per No Locate Project “Watch Dog”

Locate Required Hourly Rate Hourly Rate
Electric Not Applicable
Fiber Optic
Steam/Hot Water Not Applicable
Water Not Applicable

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 Personnel Required
Contractor must provide (3) contact persons that can be reached in the event of an emergency or to
schedule work. Contractor shall provide an updated list as necessary, or as requested by MPU. List
(3) contacts below:
Name Title Phone Number

1._______________________________________________________________________________

2._______________________________________________________________________________

3._______________________________________________________________________________

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 List of Subcontractors

Contractor must provide a list of all subcontractors that may be used during the duration of the
contract.

Subcontractor Work Classification

1._______________________________________________________________________________

2._______________________________________________________________________________

3._______________________________________________________________________________

Performance Bond

Manitowoc Public Utilities may require that the successful Contractor for this quotation to provide a
performance bond as part of the Contract.

If you are the successful Contractor for this quotation, are you willing to execute a performance bond
in the amount of $25,000, which approximates the annual contract value?

YES NO

Additional Cost to MPU, if any, for the Performance Bond $______________

(This amount will be added to the contractor’s bid evaluation)

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I hereby certify that all statements herein are made on behalf of

_______________________________________________________________________________

______________________________________________________________________________
(Name of Corporation, Partnership, or Person submitting Quotation)

A corporation organized and existing under the laws of the State of

Wisconsin: A Partnership consisting of _____________________________________________

_____________________________________________________________________________

an Individual trading as __________________________________________________________

of the City of ______________________________ State of _____________________________

that I have examined and carefully prepared this quotation from the drawings and/or specifications
and have checked the same in detail before submitting this quotation; that I have full authority to
make such statements and submit this quotation in (its) (their) behalf; and that said statements are
true and correct.
____________________________________
Contractor
____________________________________
Signature
____________________________________
Print Name As Signed
____________________________________
(Title if any)
____________________________________
Street
____________________________________
City and State

Sworn and subscribed to before me this _______ day of _______________________, 2016.

____________________________________
Signature

My Commission expires: __________________________________

(Contractors shall not add any conditions or qualifying statements to this quotation as the
quotation may be declared irregular and as being not responsive to the Advertisement.)

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 MANITOWOC PUBLIC UTILITIES

AGREEMENT FORM

THIS AGREEMENT, entered into on this day of , 2016 and

th
between the Manitowoc Public Utilities, with business address of 1303 South 8 Street,
Manitowoc WI, a Wisconsin municipal utility, hereinafter known as Manitowoc Public Utilities
(MPU) and referred to in the specifications as Owner, and ______________________________,
with business address of _________________________________________________________,
hereinafter known as Contractor.

WITNESSETH: That the Contractor, for and in consideration of the payment, or payments,
hereinafter specified, and by the Manitowoc Public Utilities to be made at the time and in the manner
as herein set forth, hereby covenants and agrees to furnish and provide all labor and equipment for
every need and description and every other article or thing necessary and required for the work as
shown in the Contract Documents, entitled, “UNDERGROUND UTILITY LOCATING
SERVICE CONTRACT” on file in the office of the Manitowoc Public Utilities, 1303 S. 8th Street,
Manitowoc, Wisconsin, which Contract Documents are hereby made a part of this contract, more
fully described as follows:

UNDERGROUND UTILITY LOCATING SERVICE CONTRACT

The Manitowoc Public Utilities agrees to pay the said Contractor in current funds for the faithful
performance of the contract per unit rate schedule (This being the amount set forth in the
Contractor's Proposal) and to pay such sum at the time or times, and in the manner provided by said
specifications and will be determined by the actual units of work performed by the contractor. The
period of this Agreement is to be from January 1, 2017 through December 31, 2017 with an option to
renew for two (2) additional years, 2018 and 2019.

The Contractor, in consideration of the premises, for itself, its successors, and assigns, further
covenants and agrees to procure at its own expense, insurance in such sum as shall be required by the
Manitowoc Public Utilities in a company or companies to be approved by the Manitowoc Public
Utilities against any and all liability of whatever nature as a result of injury to person, or damage to
property, in any arising out of, or in consequence of, the granting of this contract by the Manitowoc
Public Utilities to the Contractor, including the requirements with reference to such insurance as
provided by the Specifications.

The Contractor further agrees to protect and save harmless the Manitowoc Public Utilities by reason
of any liability arising out of this contract under the Workmen's Compensation Act of the State of
Wisconsin, and all acts amendatory thereto, and supplementary thereof. To this end, the Contractor
agrees to file with the Manitowoc Public Utilities, prior to the commencement of any work under

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this contract, satisfactory evidence of the procurement by the contractor of Workmen's Compensation
Insurance, in amounts to be required by and in companies to be approved by the Manitowoc Public
Utilities, said insurance to cover all employees engaged in the performance of said contract,
including the requirements with reference to Workmen's Compensation Insurance as provided by
the specifications. The Contractor further agrees to pay all lawful claims for labor and materials
furnished in and about the performance of said contract, and to comply with the terms and conditions
of all minimum wage ordinances in effect at the time of awarding the within contract.

The Contractor also covenants and agrees that all said work and labor shall be done and performed in
the best and most workmanlike manner, and that all such materials and labor shall be in strict and
entire conformity, in every respect, with the said specifications, and shall be subject to the inspection
and approval of the Manitowoc Public Utilities, and in case any of said materials, or labor shall be
rejected by the Manitowoc Public Utilities as defective or unsuitable, then the said material and labor
shall be done anew to the satisfaction and approval of the Manitowoc Public Utilities.

It is understood and agreed that no claim for extra work done or materials furnished by the
Contractor will be allowed by the Manitowoc Public Utilities except as provided herein, nor shall the
Contractor do any work, or furnish any materials not covered by the said specifications and this
contract, unless such work is ordered in writing by said Manitowoc Public Utilities. In no event shall
the Contractor incur any liability by reason of any oral directions or instructions that may be given by
said Manitowoc Public Utilities nor will the Manitowoc Public Utilities be liable for any materials
furnished or used, or for any work or labor done, unless said materials, work, or labor done, are
required of said Contractor on written order as required above. Any such work or materials
furnished by the Contractor, without such written order first being given shall be at said Contractor's
own risk, cost, and expense, and he hereby covenants and agrees that without such written order, he
shall make no claim for compensation for work so done or materials so furnished.

The Contract Documents which comprise the entire agreement between Owner and Contractor
concerning the work consist of the following:

! Contractor’s Proposal
! This Agreement Form
! Contractor's Certificate of Insurance
! Performance Bond
! Specifications
! Safety Requirement for Contractors, Form S-1017
! Notice of Award
! Notice to Proceed

If there is conflict between the specifications and this instrument, the specifications shall govern.

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IN WITNESS WHEREOF, The said parties have caused these presents to be executed the day and
year first above written.

In Presence of:

____________________________________ ____________________________________
CONTRACTOR SIGNATURE MANITOWOC PUBLIC UTILITIES
GENERAL MANAGER
____________________________________
NAME (PLEASE PRINT)

____________________________________
(SEAL)

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 SPECIFICATIONS
FOR
UNDERGROUND UTILITY LOCATING SERVICES

SCOPE OF WORK: Provide the necessary labor, equipment, tools, materials and supplies to perform
underground locating and marking services as necessary to comply with Wisconsin Statute 182.0175 for
underground electric, water, steam, district hot water, and fiber optic infrastructure owned by Manitowoc
Public Utilities (MPU). The term of this Contract shall be for one (1) year (2017) with an option for
Manitowoc Public Utilities to renew it for two (2) more years in one (1) year increments.

LOCATION OF THE PROJECT: Manitowoc Public Utilities service territory; Manitowoc, Wisconsin

DEFINITIONS: Whenever in the Contract the following terms or pronouns in place of them are used,
intent and meaning shall be interpreted as follows:

Owner- - - - - - - - - - - - - - - - - - - - - - - - - - Manitowoc Public Utilities (MPU)

Owner Liaison - - - - - - - - - - - - - - - - - - - - - The duly authorized Representative of Manitowoc Public

Utilities

Contractor Representative- - - - - - - - - - - - - - The duly authorized Representative of the Contractor

(General Foreman) who is directly responsible for all
phases of work in progress in the field.

CONTRACTOR: The word "Contractor” as it appears in the specification and agreement means the
company providing contract work under the terms of this specification and agreement.

LOCATOR: The word “Locator” means the same as “Contractor”.

SPECIFICATIONS:

1. GENERAL
LOCATOR will perform locating and marking services on behalf of MPU, to comply with Wisconsin
Statute 182.0175 for its underground facilities located within its service territory, generally the City of
Manitowoc, Wisconsin and any other areas that the parties mutually agree to complete under the terms of
this contract. LOCATOR agrees to receive transmittals directly from the Wisconsin One-Call System
for the dispatching of requests. No additional cost for this receiving service will be incurred by MPU.
MPU will provide LOCATOR with access to electric and water infrastructure maps via GIS web portal.
Steam, district hot water, and fiber optic infrastructure maps are currently provided in Microstation (dgn)
or Adobe (pdf) format with conversion to GIS format pending completion in 2017. These maps show

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 general locations of utility facilities. Only the general location of facilities can be displayed due to the
scale of these maps. LOCATOR shall survey the area of each locate request to determine if facilities
have been installed more recently than the revision date of the maps. Map indications shall not be used
as the sole reference for marking facility locations. Any such maps, drawings, sketches, or other
technical information either oral, written, or otherwise furnished or disclosed to or obtained by
LOCATOR in the performance of this Contract shall remain the property of MPU. All copies of such
information shall be returned to MPU upon written request or at the completion of this Contract. Unless
such materials were previously known to LOCATOR free of any obligation to keep them confidential,
or subsequently been made public by MPU, the material shall be kept confidential by LOCATOR, shall
be used only in the performance of this Contract and may not be used for other purposes except upon
such terms as may be agreed upon my MPU in writing. This obligation of confidentiality shall survive
the termination of this Contract.

LOCATOR shall identify and mark MPU electric, water, steam and condensate, district heating (hot
water) and fiber optic cable facilities in response to One-Call system notifications.

LOCATOR shall contact MPU where, in the judgment of the LOCATOR, the nature of locating
requests or excavations pose unusual threat to the MPU fiber optic infrastructure.

LOCATOR shall offer fiber optic “watch dog” service to continually freshen locate marks and protect
the fiber from damage from these excavations. MPU shall pre-approve this service on a case-by-case
basis.

LOCATOR shall request assistance from MPU in determining locations of underground plant that can’t
be identified by LOCATOR. LOCATOR shall request clarification of MPU records deemed unclear,
incorrect, inaccurate, or misleading.

2. INDEMNIFICATION
a) To the extent permitted by law; MPU shall indemnify and hold harmless, LOCATOR from and
against claims, losses, actions, damages (including direct, liquidated, consequential, incidental,
punitive or all other damages), expenses, and other liabilities, including but not limited to costs,
attorney fees, and expenses resulting from MPU willfully furnishing incorrect or misleading records
to LOCATOR for the purpose of locating any designated un-locatable* infrastructure by
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 LOCATOR to the extent said claims, losses, actions, damages, expenses and all other liabilities and
attorney’s fees are cause or occasioned by said incorrect, inaccurate or misleading records of MPU.
LOCATOR shall immediately notify MPU of any infrastructure it deems un-locatable.

(*) Un-locatable infrastructure is not locatable by industry standard locating processes

b) To the extent permitted by law; LOCATOR shall save and hold harmless MPU from and indemnify
it against all claims, actions, demands, liens, fees, and expenses on account thereof, for injury or
damage to any person or property whatsoever, including death, which may arise or result from the
negligent performance by LOCATOR. In the case of concurring fault by contractor and/or other
party, including the utility, each party shall bear its share of the loss, including attorney’s fees and
other related costs.
If any person or entity threatens to sue, makes a written or oral demand or claim, sues or initiates any
legal proceeding against MPU on account of any provision of this indemnity agreement, then MPU
shall immediately notify LOCATOR of such pending or threatened litigation and such notification
shall be made by MPU no later than thirty (30) days after MPU learns of said pending litigation,
lawsuit, claim or demand. The notice to LOCATOR by MPU shall be made in writing and mailed
to LOCATOR’S business address.
LOCATOR or its insurance carrier shall have the right to defend such proceeding by hiring legal
representative selected and chosen by LOCATOR or its insurance carrier and LOCATOR and its
insurance carrier shall have the right to negotiate settlement of said claim or alleged claim.

3. INDEPENDENT CONTRACTOR
LOCATOR hereby represents and agrees that it is engaged in an independent business; that it will
perform said work as an Independent Contractor; that it has and hereby retains the right to exercise
control and supervision of the work and full control over the employment, direction, compensation
and discharge of all persons assisting it in the work; that it will be solely responsible for the
payment of its employees and for the payment of all federal, state, county, and municipal taxes and
contributions pertaining thereto; and that it will be responsible for its own acts.

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4. SUBCONTRACT
LOCATOR shall not subcontract the work to be performed hereunder, or any part of said work, unless it
has first obtained the written approval of MPU and MPU shall have full and complete discretion in
withholding or granting said approval.

5. TERM
The term of this contract is defined in the Agreement Form of this contract.

6. LABOR, MATERIAL AND EQUIPMENT

LOCATOR shall furnish all labor, materials, and equipment necessary to perform the obligations
contained herein except for the maps required to be furnished by MPU in Section 1 of this specification.

7. PERMITS
LOCATOR shall comply with the provisions of all applicable permits and licenses relative to the
services performed hereunder.

8. LIABILITY
LOCATOR shall guarantee their service by accepting liability for damages due to erroneous locates. In
cases where the cause of the damage is unclear or plant records are grossly in error, a mutual
investigation by LOCATOR and MPU will be completed. The final determination of fault will be
determined by MPU.

9. DAMAGE INVESTIGATION
MPU agrees to dispatch LOCATOR to all underground facility damage reports as soon as possible.
LOCATOR will meet the utility crew on site to verify the accuracy of the locate markings. A complete
investigation will be performed by LOCATOR on all damages regardless of who is at fault. Reports,
LOCATOR’S statements, cleared requests and photographs will comprise the investigation. These
materials will be made available to MPU should litigation be necessary to collect damage compensation
from an excavator. LOCATOR locators and damage investigators shall also be made available as
expert witness as required by MPU.

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10. EMERGENCY RESPONSE
LOCATOR shall be on duty to receive and respond to the emergency requests from Digger’s Hotline.
Charges for this service shall be the same as regular locates. Two-hour response time to all emergency
locates shall be guaranteed. The assigned locator shall be dispatched and the excavator notified that a
locator is on the way with an estimated time of arrival.

11. INVOICING
LOCATOR shall render invoices to MPU Owner Liaison on a monthly basis and invoiced at the unit
rates for work listed in the Agreement. Examples of non-compensable work:
 Requestor work is done before arrival of LOCATOR
 Cancellations received before locate is performed
 Requestor “no-show” for meeting
 Bad address
 Duplicate request
 Not allowed on property
 Conversation only
 Travel time
 Supervision, training or additional Contractor personnel

12. COMMUNICATIONS
LOCATOR shall be equipped with either a pager or cellular telephone. A list of on-call telephone
numbers or an emergency dispatch telephone number(s) will be provided by LOCATOR and kept
current to MPU Owner Liaison.

13. ADMINISTRATION
The Owner Liaison will administer the Contract for the Owner and may oversee the work of
LOCATOR. The Owner Liaison shall be the Owner's duly authorized agent to oversee all work
included in the Contract, to receive all communications and notices, invoices, to give instructions, to
make decisions, and to take any other appropriate and reasonable action. The presence or absence of the
Owner Liaison on the project site shall not relieve the LOCATOR of responsibility for proper execution
of the work. The Owner reserves the right to change the Owner Liaison at any time without prior
approval of LOCATOR.

14. OWNER INSPECTION

LOCATOR agrees to furnish all assistance required by the Owner Liaison for the inspection of the
work and the LOCATOR shall regard and follow the instructions of the Owner Liaison when the
same are consistent with the obligations of the contract.
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15. ENERGIZED TO REMAIN ENERGIZED
MPU electric equipment will normally operate at voltages up to 15 KV through the course of the
required work. An arc flash hazard assessment concludes that a minimum 8 calorie, flame resistant
clothing system is required to be furnished and worn by LOCATOR when work is performed
within 10 feet of exposed, energized MPU equipment.

16. INDEPENDENT CONTRACTOR

LOCATOR acknowledges and agrees to locate and mark underground facilities for MPU as an
independent contractor, and that it is solely and directly responsible for all management, training,
and supervision of personnel, including but not limited to hiring, firing, discipline, work
assignment, promotion, safety, wages and benefits.

17. PUBLIC RELATIONS

MPU strives to maintain good relations with the public. The actions of LOCATOR reflect on the
MPU. Therefore, LOCATOR shall give diligent and polite consideration to the interests of
property owners, tenants, and the general public, whenever involved, and shall carry out the work
in such a manner as to cause a minimum of inconvenience.

18. EMPLOYEES
LOCATOR shall employ only competent employees and, at the request of the Owner, shall
remove from Owner’s work any employee who, in the opinion of the Owner, is deemed
incompetent, untrustworthy, disorderly, uncooperative or otherwise violates the terms of this
Contract.

19. ACCIDENTS
Any accidents involving company facilities, public or private property, other individuals, etc. shall
be reported immediately to the Owner Liaison. The report shall include, but not be limited to, the
accident; location, date, time, description, witnesses and corrective actions taken to avoid future
occurrence.

20. EQUIPMENT
LOCATOR shall service and maintain all equipment in excellent operating condition. Equipment
must have a neat appearance and must clearly identify the Contractor's company name. Servicing

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 and maintenance shall be carried out on the Contractor's own time at his expense.

21. WORKING INSIDE ENERGIZED EQUIPMENT

Work inside energized equipment shall only be performed by qualified personnel. The Contractor
shall provide Contractor employees with necessary training prior to opening or working on
equipment inside of pedestals, transformers, meter sockets, or enclosures. Personnel qualifications
and training shall meet OSHA and WI-DOWD or successor agencies.

22. NON-EXCLUSIVE
The Owner reserves the right to perform utility locating activities during the term of this
Agreement using Owner crews.

23. CODES AND PERMITS

Contractor shall comply with all rules, regulation of State, County and City authorities having
jurisdiction over the right of way.

24. SAFETY
Contractor is responsible for administering safety programs for its employees. Contractor shall,
however, review, sign and comply with MPU form S-1017, “Safety Requirements for Contractors
Performing Work on Manitowoc Public Utilities Property.”

25. DAMAGE REPORTING

Contractor shall immediately report damage observed or caused to MPU equipment. This includes,
but is not limited to, missing locks, equipment covers, seals, etc.

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 Manitowoc Public Utilities
SAFETY REQUIREMENTS FOR CONTRACTORS PERFORMING
WORK ON MANITOWOC PUBLIC UTILITIES PROPERTY
The Manitowoc Public Utilities is committed to protect public health and to provide a safe work
environment. Failure of the contractor, its employees or subcontractors to comply with safety procedures
is a breach of its agreement with Manitowoc Public Utilities and may be basis for contract termination.

The contractor must meet review and resolve the following concerns which may be applicable to the work
scope.

1. WELDING AND CUTTING – Contractor shall comply with Manitowoc Public Utilities’ Confined
Space Entry Safety Program Attachment E: Hot Work Permit, MPU Form CSE-5.

2. SITE SPECIFIC SAFETY

A. Each person who enters a Manitowoc Public Utilities work zone (as defined by a supervisor or posted
signage) must wear a hard hat, safety glasses, and suitable hearing protection.
B. Smoking is not permitted on Manitowoc Public Utilities property except in areas specially designated by
MPU supervision.
C. The Manitowoc Public Utilities Confined Space program shall be used where Contractor’s work is
completed within MPU plant facilities and operating areas. Contractors Confined Space program may be
used elsewhere.
D. Contractor must become aware of site specific evacuation, sheltering and personnel accountability
procedures for unexpected conditions like tornado, fire, bomb threat, etc.

3. THE JOB SITE LAYOUT - Contractor shall be familiar with access and haul roads, areas designed for material
storage and development of equipment, placement of temporary structures, vehicle parking spaces, locations of
underground and overhead utility lines and other unusual hazards.

4. HOUSEKEEPING - Contractor shall clean up material storage areas, dispose of debris, and eliminate conditions
that could cause tripping and falling hazards.

5. FIRE SAFETY - Contractor shall implement and maintain procedures for handling, storage and disposal of
flammables during welding and cutting operations and any other operation where there is the possibility of a fire
hazard. The Manitowoc Public Utilities’ Hot Work Permit, MPU Form CSE-5 shall be used as prescribed by
MPU supervision.

6. BARRICADES - Contractor shall determine where installation of barricades and warning devices will be
required.

7. COMPRESSED GAS CYLINDERS - Contractor shall ensure that appropriate procedures are used for proper
storage, handling and safe use of compressed gases.

8. EXCAVATION - Contractor shall use required OSHA-approved barricading and shoring techniques when
excavations are adjacent to existing structures or inside buildings. Review the MPU Excavation Safety program
for additional information.

9. HAZARDOUS ENERGY CONTROL - Contractor shall review the Manitowoc Public Utilities Hazardous
Energy Program and agree on the Lockout/Tagout procedures to be applied for the work scope.

1
X:\SAFETY FORMS\S-1017 Safety Requirements for Contractors at MPU Form S-1017
Rev. 1/22/2016
10. SPECIAL HAZARDS - Contractor shall evaluate and communicate any hazards and procedures for equipment
to be used, installed, or operated by the contractor personnel.

11. USE OF MPU EQUIPMENT – Contractor shall not operate MPU tools, equipment or supplies unless they have:
A. Authorization from MPU along with a briefing on the specific equipment and hazards;
B. For lift truck/forklift use - must have current training (within 3 years) on equipment similar to MPU gear.

12. PERMITS - Contractor and Manitowoc Public Utilities shall evaluate equipment, jobs and operations to identify
any required permits or inspections.

13. PROTECTION OF PERSONNEL AND PUBLIC- Contractor shall implement procedures and furnish
necessary protection of personnel and the public. Consideration for safe egress and ingress of employees and
visitors should be considered.

14. FIRST-AID FACILITIES - Contractors shall become familiar with first-aid available and should evaluate if
additional facilities are needed based on work scope.

15. SANITATION FACILITIES - Contractor shall become familiar with location of available sanitary facilities.

16. ELECTRIC ARC FLASH – The following are the minimum flame resistant (FR) clothing requirements that
apply when working within 10 feet of exposed, energized equipment:
 12 calorie for switchgear located within the Power Plant when operating at greater than 1000 volts; 4 calorie
for Power Plant gear when operating at less than 1000 volts;
 8 calorie for Distribution system and ATC transmission gear operating at greater than 208 volts.
 FR clothing is not required for systems operating at 208 volts or less, nor is it required when working on
batteries or D.C. systems.

17. PRE-JOB SAFETY BRIEFINGS - Contractor shall ensure that Pre-Job Safety Briefings are completed with
their employees and documented. Contractor must communicate safety concerns or uncertainty to the MPU
contract liaison or affected persons. A Pre-Job Briefing must consider other contractors and MPU employees, if
affected.

18. INSPECTION – Contractor is primarily responsible for completing safety inspections of its work but will allow
Manitowoc Public Utilities to complete safety surveys of the contractor’s work area.

19. AUTHORITY TO STOP UNSAFE OPERATIONS – Manitowoc Public Utilities may issue an order stopping
contractor work if unsafe actions are observed.

20. REPORTING ACCIDENTS - Contractor shall report to Manitowoc Public Utilities all accidents, injuries
requiring medical attention beyond first aid, damage to property, or to MPU material supplies and equipment
incidental to work performed.

Company

Printed Name & Signature

Title

Date
2
X:\SAFETY FORMS\S-1017 Safety Requirements for Contractors at MPU Form S-1017
Rev. 1/22/2016
 Bond Number

Performance Bond – Multi-Year Contracts

KNOW ALL MEN BY THESE PRESENTS, that we, as Principal,
(hereinafter called the “Principal”), and West Bend Mutual Insurance Company as Surety, (hereinafter call the “Surety”),
are held firmly bound unto, as Obligee, (hereinafter
called the “Obligee”), in penal sum of Dollars ($ ) good
and lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves,
our heirs, administrators, executors, successors, assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has entered into written contract with the Obligee, dated (hereinafter called the
“Contract”), which Contract is incorporated herein by reference for the work described as
and,
NOW, THEREFORE, the condition of this obligation is such that, if the Principal shall indemnify the Obligee for any and all
loss that the Obligee may sustain by reason of the Principal’s failure to comply with the terms and conditions of said Con-
tract, then this obligation shall be null and void, otherwise it shall remain in full force and effect.
PROVIDED, HOWEVER, that:
1. The term of this bond is for the period commencing and expiring on , unless released
by the Obligee prior thereto. However, the term of this bond may be extended for an additional one-year period(s) by
the issuance of a Continuation Certificate by the Surety.

2. The Liability of the Surety under this bond and all continuation certificates issued in connection therewith shall not be
cumulative and shall in no event exceed the bond amount set forth above or in any additions, riders or endorsements
properly issued by the Surety.

3. Non-renewal by the Surety nor failure of the Principal to provide the Obligee with a replacement bond shall not consti-
tute default under this bond.

4. In the event the Principal shall be declared by the Obligee to be in default under the Contract, the Obligee shall pro-
vide the Surety with a written statement setting forth the particular facts of said default no later that thirty (30) days
from the date of said default, which notice shall be sent to the Surety by registered mail to the following address: 8401
Greenway Blvd., Suite 1100, Middleton, WI 53562.

5. The Surety will have the right and opportunity, at its option, and in its sole discretion, to: a.) cure the default; b.) as-
sume the remainder of the Contract to perform or sublet same; c.) or to tender to the Obligee funds sufficient to pay
the cost of completion less the balance of the Contract price up to an amount not to exceed the penal sum of the bond.
In no event shall Surety be liable for fines, penalties, liquidated damages or forfeitures assessed against the Principal.

6. The Obligee’s acceptance of this bond and reliance upon it as security constitutes its acknowledgement and agree-
ment as to the terms under which it is offered and issued by the Surety.

Signed and Sealed this day of 20

Principal:

By: (SEAL)
Witness: Name Typed: ,
Title
Surety:
West Bend Mutual Insurance Company
By: (SEAL)
Witness: Name Typed: , Attorney-In-Fact
Title

MICHIGAN ONLY: This policy is exempt from the filing requirements of Section 2236 of the Insurance Code of 1956,
1956 PA 218 and MCL 500.2236.

NB 0585 09 09 Page 1 of 1
8401 Greenway Blvd. Suite 1100 | Middleton, WI 53562 | Phone: (608) 410-3410 | Fax: (877) 674-2663 | www.thesilverlining.com