HomeMy WebLinkAboutBates Oil & Water Testing Services,LLC & Oshkosh 2016 r
CITY OF OSHKOSH
DEPARTMENT OF PUBLIC WORKS
215 CHURCH AVENUE,P.O.BOX 1130,OSHKOSH,WI 54903-1130
PHONE: (920)236-5065 FAX(920)236-5068
LETTER OF TRANSMITTAL
To: Brian Bates Date: October 14,2016
Bates Soil&Water Testing Services Subject: Executed Agreement
N1237 Countr Crest Circle Wetland Determination&
Hortonville, WI 54944 Delineation
Contract 14-21
Please find: ® Attached ❑ Under Separate Cover
❑ Copy of Letter ® Contracts ❑ Amendment ❑ Report ❑ Agenda
❑ Meeting Notes ❑ Photos ❑ Mylars ❑ Change Order ❑ Plans
❑ Specifications ❑ Estimates ❑ Diskette ❑ Zip Disk ❑ Other
Quantity Description
1 Executed Agreement
These are being transmitted as indicated below:
❑ For Approval ® For Your Use ❑ As Requested ❑ For Review&Comment
Remarks:
Enclosed is the executed agreement for the wetland determination&delineation services for 2240
Westowne Avenue. A City of Oshkosh Purchase Order will follow shortly. Please reference this
Purchase Order number on all of your invoices.
If you have any questions, please contact us.
cc: Signed:
Tr(y)
cy . Taylor
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AGREEMENT
2016, by and between the
This AGREEMENT, made on the day °f referred to as CITY, and BATES SOIL &
CITY OF OSHKOSH, party of the first part, hereinafter
WATER TESTING SERVICES,LLC,N1237 Country Crest Circle,Hortonville,WI 54944,party of the
second part,hereinafter referred to as the CONSULTANT,
WITNESSETH:
The CITY and the CONSULTANT, or the consideron hereinafter
&DELINEATIONamed, enter into the
following AGREEMENT for WETLAND D
ARTICLE I. PROTECT MANAGER
A. Assignment of Project Manager. The CONSULTANT shall assign the following
individual to manage the PROJECT described in this AGREEMENT:
Brian D.Bates,P.S.S,C.S.T.—Licensed Professional Soil Scientist
B. Changes in Project Manager. The CITY shall have the right to approve or disapprove of
any proposed change from the individual named above as Project Manager. The CITY shall be
provided with a resume or other information for any proposed substitute and shall be given the
opportunity to interview that person prior to any proposed change.
ARTICLE II. CITY REPRESENTATIVE
The CITY shall assign the following individual to manage the PROJECT described in this
AGREEMENT:
John Ferris,P.E.,P.H.—Civil Engineering Supervisor
ARTICLE III. SCOPE OP WORK
The CONSULTANT shall provide the services described in the CONSULTANT's Proposal.
CITY may make or approve changes within the general Scope of set-vices in this AGREEMENT. If
such changes affect CONSULTANT's cost of or time required for performance of the services, an
equitable adjustment will be made through an amendment to this AGREEMENT.
nts
All reports, drawings, specifications,CONSULTANTe asiles, field da ,mst uments ofoservicedshallr remain
and instruments prepared by
property of the CITY.
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ARTICLE IV. STANDARD Of CARE
The standard of care applicable to CONSULTANT's services will be the degree of skill and
diligence normally employed by professional consultants or consultants performing the same or
similar services at the time said services are performed. CONSULTANT will re-perform any services
not meeting this standard without additional compensation.
ARTICLE V. RECORD DRAWINGS
Record drawings,if required,will be prepared,in part,on the basis of information compiled
and furnished by others. CONSULTANT is not responsible for any errors or omissions in the
information from others the CONSULTANT reasonably relied upon and are incorporated into the
record drawings.
ARTICLE VL CITY RESPONSIBILITIES
The CITY shall furnish, at the CONSULTANT's request, such information as is needed by
the CONSULTANT to aid in the progress of the PROJECT, providing it is reasonably obtainable
from City records.
To prevent any unreasonable delay in the CONSULTANT's work, the CITY will examine all
reports and other documents and will make any authorizations necessary to proceed with work
within a reasonable time period.
ARTICLE VII. TIME OE COMPLETION
The work to be performed undern he CONSULTANT'S Proposal EEMENT shall be commenced and the work
completed within the time limits as agreed upon
The CONSULTANT shall perform the services under this AGREEMENT with reasonable
diligence and expediency consistent with sound professional practices. The CITY agrees the
CONSULTANT is not responsible for damages arising directly or indirectly from any delays for
causes beyond the CONSULTANT's control. For the purposes of this AGREEMENT, such causes
include, but are not limited to, strikes or other labor disputes, severe weather disruptions or other
natural disasters, failure of performance by the CITY, or discovery of any hazardous substances or
differing site conditions. if the delays resulting from any such causes increase the time required by
the CONSULTANT to perform its services in an orderly and efficient manner, the CONSULTANT
shall be entitled to an equitable adjustment in schedule.
ARTICLE V11I. COMPONENT PARTS OF THE AGREEMENT
This AGREEMENT consists of the following component parts,all of which are as fully a part
of this AGREEMENT as if herein set out verbatim,or if not attached,as if hereto attached:
1, This Instrument
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2. CONSULTANT's Proposal dated October 2,2016 and attached hereto
In the event any provision in any of the above component parts of this AGREEMENT
conflicts with any provision in any other of the component parts, the provision in the component
part first enumerated above shall govern over any other component part which follows it
numerically except as may be otherwise specifically stated.
ARTICLE IX. PAYMENT
A. The Agreement Sum. The CITY shall pay to the CONSULTANT for the performance
of the AGREEMENT the total sum as set forth below, adjusted by any changes hereafter mutually
agreed upon in writing by the parties hereto:
• Lump Sum$2,300 (Two Thousand Three Hundred Dollars).
B. Method of Payment. The CONSULTANT shall submit itemized monthly statements
for services. The CITY shall pay the CONSULTANT within thirty (30) calendar days after receipt of
such statement. If any statement amount is disputed, the CITY may withhold payment of such
amount and shall provide to CONSULTANT a statement as to the reason(s) for withholding
payment.
C. Additional Costs. Costs for additional services shall be negotiated and set forth in a
written amendment to this AGREEMENT executed by both parties prior to proceeding with the
work covered under the subject amendment.
ARTICLE X. HOLD HARMLESS
The CONSULTANT covenants and agrees to protect and hold the City of Oshkosh harmless
against aII actions, claims, and demands which may be to the proportionate extent caused by or
result from the intentional or negligent acts of the CONSULTANT,his/her agents or assigns,his/her
employees, or his/her subcontractors related however remotely to the performance of this
AGREEMENT or be caused or result from any violation of any law or administrative regulation,and
shall indemnify or refund to the CITY all sums including court costs, attorney fees, and punitive
damages which the CITY may be obliged or adjudged to pay on any such claims or demands within
thirty (30) days of the date of the CITY's written demand for indemnification or refund for those
actions, claim,and demands caused by or resulting from intentional or negligent acts as specified in
this paragraph.
Subject to any limitations contained in Sec. 893.80 and any similar statute of the Wisconsin
Statutes, the CITY further agrees to hold CONSULTANT harmless from any and all liability,
including claims, demands, losses, costs, damages, and expenses of every kind and description
(including death), or damages to person or property arising out of re-use of the documents without
consent where such liability is founded upon or grows out of the acts or omission of any of the
officers, employees or agents of the City of Oshkosh while acting within the scope of their
employment.
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ARTICLE XI. INSURANCE
The CONSULTANT agrees to obtain General Liability Coverage of$500,000 per occurrence.
The following must be named as additional insureds — City of Oshkosh, and its officers, council
members,agents,employees, and authorized volunteers.
Certificates of insurance acceptable to the CITY shall be submitted to the Engineering
Division of the Department of Public Works prior to the commencement of the work. These
certificates shall contain a provision that coverage afforded under the policies will not be cancelled
or non-renewed until at least 30 days prior written notice has been given to the City Clerk of the City
of Oshkosh.
ARTICLE XII. TERMINATION
A. For Cause. If the CONSULTANT shall fail to fulfill in timely and proper manner any
of the obligations under this AGREEMENT, the CITY shall have the right to terminate ONSULTANT. In this event, the CONSULTANT shall b;
AGREEMENT by written notice to the C e
entitled to compensation for any satisfactory,usable work completed.
B. For Convenience, The CITY may terminate this AGREEMENT at any time by giving
written notice to the CONSULTANT no later than ten {10} calendar days before the termination
date. If the CITY terminates under this paragraph, then the CONSULTANT shall be entitled to
compensation for any satisfactory work performed to the date of termination.
This document and any specified attachments contain all terms and conditions of the
AGREEMENT and any alteration thereto o be invalid
AGREEMENT unless made in writing, signed by both
parties and incorporated as an amendment
ARTICLE XIII. RE-USE OF PRO ECT DOCUMENTS
All reports, drawings, specifications, documents, and other deliverables of CONSULTANT,
whether in hard copy or in electronic form,are instruments of service for this PROJECT,whether the
PROJECT is completed or not. CITY agrees to indemnify CONSULTANT and CONSULTANT's
officers,employees,subcontractors,and affiliated corporations from all claims, damages,losses, and
costs,including,but not limited to,litigation expenses and attorney's fees arising out of or related to
the unauthorized re-use,change,or alteration of these project documents.
ARTICLE XIV. SUSPENSION DELAY OR INTERRUPTION OF WORK
CITY may suspend,delay,or interrupt the services of CONSULTANT for the convenience of
CITY.In such event, CONSULTANT's contract price and schedule shall be equitably adjusted.
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ARTICLE XV. NO THIRD-PARTY BENEFICIARIES
This AGREEMENT gives no rights or benefits to anyone other than CITY and
CONSULTANT and has no third-party beneficiaries.
In the Presence of: CONSULTANT
By:
(Seal of Consultant °V '
if a Corporation) (Specify Title)
By:
(Specify Title)
CITY OF OSHKOSH
lam%• � �'
f�
By. ___..._....-
(Witness) atie abe,P.E.,CPESC,Director of Public Works
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SOIL WATER TESTING SERVICES,
LLCM
RECEIVED
OCT - 3 2016
DEPT OF PUBLIC WORKS
OSHKOSH, WISCONSIN
Proposal for a Wetland
Determination & Delineation
2240 Westowne Avenue
City of Oshkosh, Winnebago County
To:
City of Oshkosh
N1237 COUNTRY CREST CIRCLE • HORTONVILLE, WI 54844
820.775-0000
POIL & MATER TESTING SERVICES, LLC,
October 2, 2016
John Ferris
Civil Engineer Supervisor
City of Oshkosh
215 Church Avenue
Oshkosh, WI 54903
Re: Proposal for Wetland Determination & Delineation Services
2240 Westowne Aveune
City of Oshkosh, Winnebago County, Wisconsin
Dear John,
Please find enclosed a proposal for a Wetland Determination & Delineation of the 2240
Westtowne Avenue Area of Interest, shown on the enclosed map. Bates Soil &Water Testing
Services, LLC. appreciates the opportunity to submit a proposal for a Wetland Determination
and Delineation. If the terms and conditions are acceptable, please return one executed copy to
my office. If you have any questions concerning this proposal or scope of work, please contact
me at 920-779-0000 or 920-470-5313.
Yours truly,
Bates Soil &Water Testing Services, L.L.C.
Brian D. Bates, PSS, CST
Licensed Professional Soil Scientist/Hydrogeologist
WDNR Professionally Assured Wetland Delineator
N1237 COUNTRY CREST CIRCLE HORTONVILLE, WI 54944
920-779-0000
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METHODOLOGY
The initial steps for the Area of interest (AOI) evaluation will include the following
reviews: .
• Natural Resources Conservation Service Hydric Soil List
• Wisconsin Department of Natural Resources Wetland Inventory Map
• Preliminary Reconnaissance Survey
• National Wetland Inventory Map
• County Soil Survey
The reviewed resources provide information on whether wetlands have been previously
identified within the AOI or have a higher probability of wetlands occurring. Wetland
area or areas with wetland potential within the AOI will then be field investigated to
make on-site determinations and where necessary, complete delineations of the
uppermost wetland boundary.
The wetland determinations and delineations will be completed using the criteria and
methods outlined in the Regional Supplement to the Corps of Engineers Wetland
Delineation Manual: Northeast/Northcentral Region. This supplement three-criterion
investigation method which examines for indicators of hydrophyt€c vegetation, hydric
soils and wetland hydrology.
Soil morphology, the field observable attributes of the soil in various horizons or
arrangements, based on vertical exposure at each sampling point to a minimum depth
of 24" below grade (unless otherwise noted), will be documented on the
Northeast/Northcentral Data Forms.
Sol] profiles will be evaluated through the construction of backhoe pits or hand auger
borings. Backhoe pits are the preferred method of soil evaluation since they provide a
clear picture of the soil profile over a large area, unlike small auger holes, push probes
or hand dug holes. The use of a backhoe Is the only option for deeply filled sites or
sites that contain large coarse fragments such as concrete, blacktop or bricks. Soil
profiles will be compared to the Field Indicators of Hydric Soils in the United States —A
guide for Identifying and Delineating Hydric Soils, Version 7, and the July 2011 and
March 2013 supplemental revisions.
Hydrology is the most variable of all three criteria. It is highly influenced by short and
long-term precipitation, soil properties and the drainage Catena of the small watersheds
typically evaluated. Hydrology follows three pathways from the time it drops onto the
soil surface to the time it becomes stream flow. The first pathway is overland flow,
where water flows on the soil surface. The second pathway is through flow, which is
lateral flow through the soilscape, generally paralle[ to the soil surface. The final flow
path is groundwater flow, which is generally deep (except in most wetland areas),
saturated, subsurface flow.
Verification of Hydrology for this study will be based on the primary and secondary
hydrology indicators listed in the Regional Supplement to the Corps of Engineers
Wetland Delineation Manual: Northeast/Northcentral Region.
Unlike soils or vegetation, hydrology Indicators are not always associated with a specific
sample point or area. If a hydrology indicator is found near a sampling point, in an area
that has similar landscape arrangement, vegetation and soils, any evidence of
hydrology will be noted on the Northeast/Northcentral Region Wetland Determination
Data Forms.
The wetland boundaries will be marked with pink flagging tape or pink wire flags. The
sampling plots will be field marked with numbered hardwood stakes. Wetland boundary
information provided within the Wetland Determination & Delineation Report will be
prepared by an engineering/surveying firm chosen by the property owner or authorized
agent.
Wetland Delineation Services will be provided by Brian Bates and Tom Neitzel, both
Licensed Professional Soil Scientists In the State of Wisconsin. Bates Soil & Water
Testing Services, LLC. will include within our report a discussion of our findings and site
layout maps documenting any wetland boundaries.
Upon receiving copies of the wetland boundary survey maps from the client's surveyor
of choice, the final report will be completed. Once complete, copies will be provided to
the Client, the U.S. Army Corps of Engineers and the Wisconsin Department of Natural
Resources. The U.S. Army Corps of Engineers will be asked to provide concurrence on
the wetland delineation.
Costs associated with surveying the wetland boundaries and sampling plots are
not included in this proposal. If the regulatory agencies do not agree with the
mapped wetland boundaries, some areas may need to be resurveyed (extremely
unlikely). Costs associated with resurveying any wetland boundaries are not included in
this proposal.
Brian Bates is a WDNR Assured Wetland Delineator. Wetland Determinations and
Delineations conducted by Mr. Bates do not require concurrence from the WDNR.
Benefits of hiring a WDNR Assured Wetland Delineator for this project include:
Elimination of a 60 Day WDNR concurrence review period.
No WDNR Review Fees. Client cost savings of$300.00.
- High level of confidence of wetland boundary accuracy for planning purposes.
PROJECT COST SUMMARY:
Wetland Determination & Delineation........ $2,300.00 Lump Sum
C- R � DATE(MMleWYYYY)
CERTIFICATE OF LIABILITY INSURANCE 09128/2016
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 pollcy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to
the terms and nonditlons of the policy,certain polloles may require an endorsement. A statement on this cortlflcate does not confer rights to the
Certificate holds In lieu of such ondomomont(s).
I PRODUCER CONTACT Judy Juwons
Fuhrman Insurance Unlimited,Inc. PHONE
10503 Northwestern Avenue (262)866.0600 N,1: (282)$861000
FranksviEle,WE 53126 A e dudy0Afuhrmaninsurancoxom-
INSURE 8 AFFORMNG COVERAGE.. NAIL#
1 INaURERA: State Auto Insurance Company
INSURED Bates Soil&Water Testing Services,LLCINsuRERB: SOCIETY INSURANCE COMP 6
N1237 County Crest Circle
Hodonville,WI 54944 INSURERC:
INSURER D: DEPT O1; PUBLIC WC RKS
INSURERE: OSHKOSH, WISCONSIN
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED A13OVE 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 18 SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
ISR 11L FOUCYNUMBER �ADDLIWBRYEF IPO LIC
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A 41ENERALLIMUTY S002468912 05/15/2016 05/15/2017 EACH OCCURRENCE g 1,000,000 .
i COMWRCUAL GENERAL LU R11.11Y PREMISES 1EQ 0MXMXq1 $ 100,000
CLAUMS4MDE W OCCUR MED EV Airyompersaa) s 5,000
PERSONAL&ADV INJURY $ 1,000,000
GEn'ERALAGGREGATE S 2,000,000
GENTLAGGREGATELtMITAPPLIESPER: PRODUCTS-WRtOPAGO S 2,000,000
POLICYn%ef El LOC
A AUTOMOBILE LIABILITY BAP2223686 05/15/2016 05/15/2017100
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ANYAUTO SODILYINJURY(Pgrpwsm) $
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A UMBRELLA LIAB OCCUR SOC2468912 05/15/2016 0510512017 EACH OCCURRENCE $ 2,000,000
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ANY PROPRIETORIPARTNERIECECUINE ELEACHACCIDENT $ 500,000
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ADDITIONAL INSUREDS PERATTACHED ENDORSEMENTS
CERTIFICATE OF INSURANCE ACCEPTABLE TO THE CIN OF OSHKOSH SHALL BE SUBMITTED PRIOR TO COMMENCEMENT OF THE WORK TO THE
APPLICABLE CITY DEPARTMENT. THESE CERTIFICATES SHALL CONTAIN A PROVISION THAT COVERAGE AFFORDED UNDER THE POLICIES WILL
NOT BE CANCELLED OR NON RENEWED UNTILAT LEAST 30 DAYS'PRIOR WRITTENT NOTICE HAS BEEN GIVEN TO THE CITY CLERK-CITY OF
OSHKOSH
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
City Of Oshkosh THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
215 Church Avenue ACCORDANCE NTH THE POLICY PROVISIONS.
P.O,Box 1130
AUTHORIZED REPRESENTATIVE
Oshkosh,WI 54903-1130
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ACORD 25(2010108) The ACORD name and logo are registered marks of ACORD
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THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
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NOTICE OF CANCELLATION
SCHEDULED PARTY
This endorsement modifies insurance provided under the following:
COMMERCIAL AUTOMOBILE COVERAGE PART
COMMERCIAL GENERAL LIABILITY COVERAGE PART
COMMERCIAL INLAND MARINE POLICY
COMMERCIAL PROPERTY COVERAGE PART
CRIME AND FIDELITY COVERAGE PART
BUSINESSOWNERS SPECIAL PROPERTY COVERAGE" FORM
EMPLOYMENT PRACTICES LIABILITY INSURANCE COVERAGE FORM
LIQUOR LIABILITY COVERAGE PART
OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART
PRODUCT WITHDRAWAL COVERAGE PART
PRODUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART
RAILROAD PROTECTIVE LIABILITY COVERAGE PART
SCHEDULE
1. Name:
CITY OF OSHKOSH DEPARTMENT OF
2, Address:
PUBLIC WORKS
295 CHURCH AVENUE
OSHKOSH, WI 54902
-3,jOptlonal Notification: 30ays
Information requlfed to complete this Schedule, if not shown above, will be shown in the Declarations.
A. We will mail the designated person or organization in the Schedule above at least 30 days' advance notice
or the number of days' advance notice shown in the Schedule above if we cancel or nonrenew this policy for
any reason other than nonpayment of premium, subject to statutorily permitted reasons.
S. We will mail the designated person or organization in the Schedule above at least 10 days' advance notice If
we cancel this policy for nonpayment of premium; or
C. The person or organization shown in the Schedule above will be mailed confirmation if you cancel this policy
for any reason.
In no event will 'the action or timing of the named insures election to cancel or modify the terms of this
policy serve to extend the policy beyond the expiration dale shown in the Declarations.
Failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents, or
representatives.
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Incrudes copyrighted•materlar of
Insurance Servioes Office, Inc., with Its permrssion
r Issue Date 04/06/2016 01:44:02 PM acme alsu�,
MOBDEC SOC 2468912 Q$ 04106/2016 UVN BATE CPP` RN 48FUHR0040115 054944
Companiesjw STATE AU
TO
Insurance SOC 2468912 08
ADDITIONAL INTERESTS/INSUREDS
COMMERCIAL GENERAL LIABILTY
j OTHER INTERESTS TYPE LOC/BLDG
ANI INCORPORATED Designated Person or Organization
111 S GARFIELD AVENUE=
HINSDALE, IL 60521
CITY OF OSHKOSH DEPARTMENT OF Notice of Cancellation-Scheduled Party
PUBLIC WORKS
215 CHURC14AVENUE
OSHKOSH,WI 54902
i
HALLMARK CUSTOM HOMES Owners, Lessees,or Contractors
PO BOX 201
HORTONVILLE,WI 54944
f
TOWN OF NEENAH Owners, Lessees,or Contractors
1648 S PARK AVE
NEENAH,WI 64956
MCMAHON&ASSOCIATES INC Owners,Lessees,or Contractors
1445 MCMAHON DR
NEENAH,WI 54956
ANI INCOPOR4TED Owners, Lessees,or Contractors
111 S GARFIE=LD AVEVUE
HINSDALE,IL 60521
Issue Date 04/06/2016 01:44:02 PM SL 50 01 (01104) Page 006 of 006
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