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Home My WebLink AboutMichels Corporation & Oshkosh CONSTRUCTION CONTRACT THIS AGREEMENT, made on the 1 St day of March, 2017, by and between the CITY OF OSHKOSH, party of the first part, hereinafter referred to as CITY, and Michels Civil— A Division of Michels Corporation, 817 West Main Street, P.O. Box 128, Brownsville, WI 53006, party of the second part, hereinafter referred to as the CONTRACTOR, WITNESSETH: That the CITY and the CONTRACTOR, for the consideration hereinafter named, agree as follows: ARTICLE I. SCOPE OF WORK The CONTRACTOR hereby agrees to furnish all of the materials and all of the equipment and labor necessary, and to perform all of the work shown on the plans and described in the specifications for the project entitled or described as follows: Public Works Contract No. 17-07 for South Park Basin Retrofit in the City of Oshkosh, for the Public Works Department, pursuant to Resolution 17-68 adopted by the Common Council of the City of Oshkosh on the 28th day of February, 2017, all in accordance and in strict compliance with the CONTRACTOR's Proposal and the other Contract Documents referred to in ARTICLE V of this Contract. ARTICLE Il, TIME OF COMPLETION The work to be performed under this contract shall be commenced and the work completed within the time limits specified in the Special Conditions and/or CONTRACTOR's proposal. ARTICLE III. PAYMENT (a) The Contract Sum. The CITY shall pay to the CONTRACTOR for the performance of the Contract the sum of Two Million Nine Hundred Three Thousand Nine Hundred Sixty-Seven Dollars and 86/100 ($2,903,967.86), adjusted by any changes as provided in the Specifications, or any changes hereafter mutually,agreed upon in writing by the parties hereto, provided, however, in the event the Proposal and Contract Documents are on a "Unit Price" basis, the above mentioned figure is an estimated figure, and the CITY shall, in such cases, pay to the CONTRACTOR for the performance of the Contract the amounts determined for the total number of each of the units of work as set forth in the CONTRACTOR's proposal; the number of units therein contained is approximate only, and the final payment shall be made for the actual number of units that are incorporated in or made necessary by the work covered by the Contract. 1 (b) Progress Payments. In the event the time necessary to complete this Contract is such that progress a . p p g payments are required, they shall be made according to the provisions set forth in the Specifications. ARTICLE IV. CONTRACTOR TO HOLD CITY HARMLESS The CONTRACTOR covenants and agrees to protect and hold the CITY harmless against all actions, claims and demands of any kind or character whatsoever which may in any way be caused by or result from the intentional or negligent acts of the CONTRACTOR, his agents or assigns, his employees or his subcontractors related however. remotely to the performance of this Contract 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. I ARTICLE V. INSURANCE The Insurance required by the City of Oshkosh as specified in the CITY's specifications, including addenda, or plans, or instructions, or advertisements, shall be Primary coverage and that any insurance or self insurance maintained by the City of Oshkosh, its officers, council members, agents, employees or authorized volunteers will. not contribute to a loss. All insurance shall be based upon the occurrence of:an event, and not based on claims made. All insurance shall be in full force prior to commencing work and remain in force until the entire job is completed and the length of time that is specified, i if any, in this Contract, the Specifications, whichever is longer. ARTICLE VI. COMPONENT PARTS OF THE CONTRACT i This Contract consists of the following component parts, all of which are as fully a part of this contract as if herein set out verbatim, or if not attached, as if hereto attached: i 1. This Instrument 2. The City's Plans and Specifications, including all Addenda's 3. City of Oshkosh Standard Specifications 4. Instructions to Bidders 5. Advertisement for Bids 6. Contractor's Proposal The,Contract Documents are complementary; what is required by one is as binding as if required by all. Before undertaking each-part of the work, the CONTRACTOR shall carefully study and compare the Contract Documents and check and verify all pertinent figures and measurements required therein. CONTRACTOR shall promptly report in writing to the Engineer any conflict, error, ambiguity or discrepancy which CONTRACTOR may discover and shall obtain written clarification from the Engineer before proceeding with any work affected thereby. P 9 I 2 In the event that any provision in any of the above component parts of this Contract 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. IT IS HEREBY DECLARED, UNDERSTOOD AND AGREED that the word "CONTRACTOR" wherever used in this Contract means the party of the second part and its/his/their legal representatives, successors, and assigns. IN WITNESS WHEREOF, the City of Oshkosh,Wisconsin, has caused this contract to be sealed with its corporate sealandto be subscribed to by its City Manager and City Clerk and countersigned by the Comptroller of said City, and the party of the second part hereunto set its, his or their hand and:seal the day and year first above written. In the Presence CONTRACTOR Michels Civil A ' D* Sion of Michels Corporation Y) (A S Jam s H.(dack�,aJr. General Manager (Seal of Contractor (Specify Title) if a Corporation.) By: Daniei R. Schwartz Assistant Sec etary (Specify Title) CITY OF OSHKOSH By MA A. R6h1'o'ff—, City Manager ss) A Atf And: Pamela R. Ubrig, City Clerk APPROVED: I hereby certify that the necessary provisions have been made to pay the liability which will accrue Linder this contract "H76 nn Lorenso ty Attorney dlfc, Trena Larson, City Comptroller 3 CCC Bond # 30006371 Liberty Bond # 013128218 PERFORMANCE BOND CITY OF OSHKOSH Contract Number 17-07 for South Park Basin Retrofit, City of Oshkosh Wisconsin Date Bond Executed(Date of Contractor Later) March 6th 2017 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Type of Orgnnizntiort Michels Civil A Division of Michels Corporation 817 W. Main Street _Individual _Partnership X CorporationBrownsville, Wisconsin 53006 State of Incorporation Wisconsin SURETY(IES)(Legal Names)and Business Address(es)) Penal Sum of Bond Continental Casualty Company $ 2, 903, 967.86 333 S Wabash Avenue 41st Floor Chicago, Il. 60604 And Liberty Mutual Insurance Company 5600 New King Street Suite 360 Troy, MI . 48098 I OWNER(Legal Name and Business Address) I j CITY OF OSHKOSH 215 Church Avenue E PO Box 1130 Oshkosh, Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves, their heirs,executors,administrators,successors and assigns to the Owner for payment of the sum shown above or the performance of the Contract identified above,which is incorporated herein by reference. This Bond shall cover any work performed during initial construction and any warranty period required by the � Contract. s If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material term of the Contract, then the Surety(ies) obligation under this Bond shall arise after: 1. The Owner provides notice to the Contractor and Surety that the Owner is considering declaring the Contractor in default of the Contract. Within five (5) business days of the Owner's notice,either the Contractor or the Surety may request a conference with the Owner to discuss such default and the remedy therefor. If a conference is requested, the conference shall be scheduled to take place at Owner's principal place of business or another agreed upon location within five (5) business days of 9 the request for conference. If the Owner, Contractor and Surety agree, the Contractor may be allowed a reasonable time to perform the Contract, but such agreement shall not waive the Owner's right, if any, to subsequently declare the Contractor in default; 2. The Owner declares the Contractor in default and notifies the Surety of the declaration of default;and 3. The Owner agrees to pay the balance of the Contract price in accordance with the terms of the Contract to the Surety or to a qualified Contractor selected to perforin the Contract. Failure of the Owner to comply with the notice requirement specified above shall not release the Surety from its obligations. Upon notice from the Owner as provided above, the Surety shall promptly and at Surety's expense take one of the following actions: 1. Arrange for the Contractor,with consent of the Owner, to perform and complete the Contract; 2. Undertake to perform and complete the Contract itself, through qualified agents or independent contractors; 3. Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner to enter into a contract with the Owner for performance and completion of the Contract, to be secured with performance and payment bonds, and to pay to the Owner as damages any amount in excess of the original contract amount for the completion of the Contract; any additional legal, design professional, architect, or consultant fees resulting from any delay in the completion of the Contract; and any applicable liquidated damages specified within the Contract resulting from any delay in the completion of the Contract. 4. Make payment to the Owner, as soon as practicable after an amount is determined for completion of the Contract;or 5. Deny liability in whole or in part and notify the Owner, citing with specificity the reasons for such denial. If the Surety does not proceed with reasonable promptness, Owner may give notice to the Surety and the Surety shall be deemed in default on this Bond five (5) business days after notice by the Owner demanding the Surety perform its obligations under this Bond, Owner shall be entitled to enforce any remedy available to Owner upon default. Except for default of the Surety and Surety's election to perform or complete the Contract itself under Paragraph 2 above,Surety's liability shall be limited to the amount of this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or(ii) two(2) business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission, Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The laws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that may conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. i f The above obligation is void if the Contractor performs and fulfills all the terms, conditions and agreements of the Contract and any authorized modifications during the term of the original Contract and any extensions thereof. Notice to the Surety is waived for any modifications agreed upon by Owner and Contractor. Michels Civil a Division of Continental Casualty Company and Michels Corporation Liberty Mutual Insurance Company Name of Principal/Contractor Name of Surety BY: BY: Y 1u M(jv"4� TitlQ'eJAn &TU=an Title Sr Vice President Ann Marie Waters Attorney in Fact CCC Bond # 30006371 Liberty Bond # 013128218 PAYNIENT BOND CITY OF OSHKOSH Contract Number #17-07 for South Park Basin Retrofit, City of Oshkosh Wisconsin Date Bond Executed (Date of Contractor Later) March 6th 2017 PRINCIPAL/CONTRACTOR(Legal Name and Business Address) Tillie of Organization Michels Civil A Division of Michels Corporation 817 W. Main Street _hidivirhtal _Partnership Brownsville, Wisconsin 53006 X Corporation Stine of Incorporation Wisconsin SURETY(IES)(Legal Name(s)and Business Address(es)) Penal Sum of Bond Continental Casualty Company $ 2, 903,967.86 333 S. Wabash Avenue 41st Fl Chicago, Il 60604 And Liberty Mutual Insurance Company 5600 New King Street Suite 360 Troy MI. 48098 OWNER(Legal Name and Business Address) CITY OF OSHKOSH 275 Church Avenue PO Box 1130 Oshkosh,Wisconsin 54903-1130 OBLIGATION The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors, administrators, successors and assigns to the Owner to pay for labor, materials and equipment furnished for use in the performance of the Contract identified above, which is incorporated herein by reference,subject to the following terms. If the Contractor promptly makes payment of all sums due to claimants, and defends, indemnifies and holds harmless the Owner from all claims, demands, liens or suits by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract, then the Surety and the Contractor shall have no obligation under this Bond. If there is no Owner Default to pay the Contractor as required under the Contract for work performed or to perform or complete any material terra of the Contract,then the Surety(ies)obligation under this Bond shall arise after the Owner has promptly notified the Contractor and the Surety of claims, demands; liens or suits against the Owner or the Owner's property by any person or entity seeking payment for labor, materials or equipment furnished for use in the performance of the Contract and tendered defense of such claims, demands, liens or suits to the Contractor and the Surety. Amounts owed by the Owner to Contractor under the Contract shall be used for performance of the Contract and to satisfy claims, if any, under any Performance Bond. By the Contractor furnishing and the Owner accepting this Bond, they agree that all funds earned by the Contractor in the performance of the Contract are dedicated to satisfy obligations of the Contractor and Surety under this Bond, subject to the Owner's priority to use the funds for the completion of the work. Upon notice and tendering of claims as specified above, the Surety shall promptly and at Surety's expense defend, indemnify and hold harmless the Owner against such claim,demand,lien or suit. Surety shall answer claimants, with a copy to Owner, within sixty (60) days of the date of the claim, stating the amount that are disputed and the specific basis for challenging any amount that is disputed or pay or arrange for payment of an),undisputed amount claimed. Surety shall not be obligated to the Owner, claimants or others for obligations of the Contractor under this Bond that are unrelated to the Contract. The Owner shall not be liable for the payment of any costs or expenses of any claimant under this Bond and shall have no obligation to make payments to, or give notice on behalf of claimants, or otherwise have any obligation to claimants under this Bond. Notice to the Contractor or Surety shall be deemed to have been given: (i) upon delivery to an officer or person entitled to such notice, if hand delivered; or (ii) two (2)business days following deposit in the United States mail, postage prepaid; (iii) upon delivery by a commercial carrier that will certify the date and time of delivery; or (iv) upon transmission if by facsimile, email or other form of electronic transmission. Notices shall be provided to the Owner, Surety and/or Contractor at their address as specified on this Bond or to a facsimile, email or other electronic address that has been provided in writing to the other party to be used for this purpose. The taws of the State of Wisconsin shall govern the interpretation and construction of this Bond. Winnebago County shall be the venue for all disputes arising under this Bond. Any provision in this Bond that tray conflict with statutory or other legal requirement shall be deemed deleted herefrom and provisions conforming to the statutory or other legal requirement shall be deemed incorporated herein. Michels Civil A Division of Continental Casualty Company and Michels Corporation Liberty Mutual Insurance Company Name of Principal/Contractor Name of Surety BY: BY: CN� Titl Westerman Title Ann Marie Waters Zr. Vice President Attorney in Fact i i STATE OF ILLINOIS COUNTY OF DuPAGE 1, Christine Eitel —Notary Public of DuPage County, in the State of Illinois do hereby certify that Ann Marie Waters Attorney-in-Fact, of the Continental Casualty Company who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Continental Casualty Company for the used and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Lisle in said County, this 6 th day of March —A.D., 2017. (Notary Public) Christine Eitel My Commission expires: 05/26/2020 Notary Seal: "OFFICIAL SE CHRISTINE EITEt. NOTARY PUBLIC,STATE OF LLINOIS My COMMISSION EXPIRES 5126/20PO STATE OF ILLINOIS COUNTY OF DuPAGE 1, Christine Eitel -Notary Public of DuPage County, in the State of Illinois do hereby certify that Ann Marie Waters Attorney-in-Fact, of the Liberty Mutual Insurance Company who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that she signed, sealed and delivered said instrument, for and on behalf of the Liberty Mutual Insurance Company for the used and purposes therein set forth. Given under my hand and notarial seal at my office in the City of Lisle in said County, this 6th day of March _A.D., 2017. (Notary Public) Christine Eitel My Commission expires: 05/26/2020 Notary Seal: -)FFICIAL SEAL" CHJ-11STINE EITEL i40TARY PLI'BLO IG,STiffE F ILLINOIS 44 c0MWjpSjoJj EXPIRES 512612020 5 i THIS POWER OF ATTORNEY ISNOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated. Certificate No.6967692 American Fire and Casualty Company Liberty Mutual insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That American Fire&Casualty Company and The Ohio Casualty Insurance Company are corporations duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts,and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana(herein collectively called the"Companies'),pursuant to and by authority herein set forth,does hereby name,constitute and appoint, "Ann Marie Waters;Blanca Townsend;Christine Eitel;Dale A.Reilly;Deborah A.Campbell;Harriet R.Reilly;Karen A.Ryan;Kimberly R. Holmes;Leigh Ann Francis;Melissa Newman;Richard T.Morency;William F.Cahill;William P.Weible all of the city of Lisle state of IL each individually if there be more than one named,its true and lawful attorney-in-fact to make,execute;seal,acknowledge and deliver;for and on its behalf as surety and as its act and deed,any and all undertakings,bonds,recognizances and other surety obligations,in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF,this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 28th day of April 2015 >, p1D CAS w INs/, \NSUR NSNSUg American Fire and Casualty Company The Ohio Casualty Insurance Company N Liberty Mutual Insurance Company d a 1906 0 0 1519 0 1912 ¢ }99} b N West American Insurance Company N r�i� •�',y�'hanszs�"�ae `�i��,,acrs�-c�'T � ,.e�n�a �' 1 ,k * .>�. W By: STATE OF PENNSYLVANIA ss David M.Care ;Assistant Secretary M COUNTY OF MONTGOMERY G dOn this 28th day of April 2015 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of American Fire and 10— v a) Casualty Company,Liberty Mutual Insurance Company,The Ohio Casualty Insurance Company,and West American Insurance Company,and that he,as such,being authorized so to do, N p execute the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized offices i� a� > IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at Plymouth Meeting,Pennsylvania,on the day and year first above written. 00. �+ COMMONWEALTH OF PENNSYLVANIA pq 'O d �5 STc 1G�G!G'�t� Q M Notarial Seal Teresa Pastella,Notary Public gy; O C i of Plymouth Twp.,Montgomery County Teresa Pastella,Notary Public g �Q My Commission Expires March 28,2017 3 i. e�y, /vgyt,VP G . Qj O �� Member,Pennsylvania Association of Notaries E 0 p G� Afty p11� _c a ca c This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of American Fire and Casualty Company,The Ohio Casualty Insurance to c as Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: c W L ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject O c 4) to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute,seal, r O,= acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations.Such attorneys-in-fact,subject to the limitations set forth in their respective �5 3 Epowers of attorney,shall have full power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so @ L. p executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey-in-fact under > the provisions of this article may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. C i+N = ARTICLE XIII—Execution of Contracts-SECTION 5.Surety Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president, > ;v and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-in-fact,as maybe necessary to act in behalf ofthe Company to make,execute, M O seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attorneys-in-fact subject to the limitations set forth in their Z v respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so v O executed such instruments shall be as binding as if signed by the president and attested by the secretary. C cfl Certificate of Designation-The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys-in ~ fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization-By unanimous consent of the Companys Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds;shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Gregory W.Davenport,the undersigned,Assistant Secretary,of American Fire and Casualty Company,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full,true and correct copy of the Power ofAttomey executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed the seals of said Companies this 6t dayof March 7p 17 P�I0 ASG 41,(INSV �1taSUR N1N5Uq Q,,NPo 9 JP oavo g9 Jp vpo "1�i L� o a'i' / a 1906 0 o 1919 n > 1412 ° a 1991 By: ---- a Gregory W.Davenport,Assistant Secretary ��LL✓KAMP'�dad +�y vHAFAFS�'dab �) SSA(3A34��\= M(AAHa Y 739 of 1000 LMS 12873 122013 AC"® DATE(MM/DD/YYYY) tea- CERTIFICATE OF LIABILITY INSURANCE page 1 of 2 03/10/2017 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 CONTACT Willis of Minnesota, Inc. PHONE FAX c/o 26 Century Blvd. E-MAIL FxT). 877-945-7378 888-467-2378 P. 0. Box 305191 certificates@willis.com Nashville, TN 37230-5191 INSURER(S)AFFORDINGCOVERAGE NAIC# INSURERA:Greenwich Insurance Company 22322-001 INSURED Michels Civil, A Division of Michels Corporation INSURERB:National Fire and Marine Insurance Compan 20079-001 817 W Main Street INSURER C:XL Specialty Insurance Company 37885-901 Brownsville, WI 53006 INSURER D:XL Specialty Insurance Company 37885-001 INSURER E: Zurich American Insurance Company 16535-501 INSURER F: COVERAGES CERTIFICATE NUMBER:25281171 REVISION NUMBER:See Remarks 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 TYPE OF INSURANCE DDL SUB POLICY NUMBER POLICY EFF POLICY EXP LIMITS ITRA X COMMERCIAL GENERAL LIABILITY Y CGD7409553 /1/2017 2/1/2018 EACH OCCURRENCE $ 11000,000 AW -E-ccurence) $ 300,000 CLAIMS-MADE OCCUR PDftEM�Es(tHW' _ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY PRO JECT LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER: $ A AUTOMOBILE LIABILITY Y CAD7409554 /1/2017 2/1/2018 COMBINED SINGLE LIMIT(Ea 2,000,000 (Ea accident) $ X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ B UMBRELLA LIAB X OCCUR Y 42XSF10013904 /1/2017 2/1/2018 EACHOCCURRENCE $ 2,000,000 X EXCESS LIAB CLAIMS-MADE AGGREGATE $ 2,000,000 DED RETENTION$ PER H- $ C WORKERS COMPENSATION CWD7409551 /1/2017 2/1/2018 X I., ATIITF I IQ-ER AND EMPLOYERS'LIABILITY D ANY PROPRIETOR/PARTNER/EXECUTIVE N/A CWR7409552 /1/2017 2/1/2018 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ( E.L.DISEASE-EA EMPLOYEE $ 1,000,000 i MandatoryinNH) (f yes,describe under DESCRIPTIONOFOPERATIONS below E.L.DISEASE-POLICY LIMIT $ 1,000,000 j E CPP354784016 /1/2017 2 1/2018 Installation Floater Per Occurrence 2,000,000 Temporary Storage Per Occurrence 2,000,000 Transit Per Occurrence 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) C THIS VOIDS AND REPLACES PREVIOUSLY ISSUED CERTIFICATE DATED: 3/7/2017 WITH ID: 25273394 Project Name/#/Description: Public Works Contract No. 17-07, South Park Basin Retrofit. I Project Address/Location: South Park Basin Retrofit. I Coverage for Contractual Liability is provided under General Liability policy. l CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN j ACCORDANCE WITH THE POLICY PROVISIONS, City of Oshkosh Attn: City Clerk AUTHORIZED REPRESENTATIVE 215 Church Avenue PO Box 1130 Oshkosh, WI 54903-1130 SCt> Coll:5045290 Tpl:2130405 Cert:25281171 ©1988-2015 ACORD CORPORATION.All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents,That Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company(herein called "the CNA Companies"),are duly organized and existing insurance companies having their principal offices in the City of Chicago,and State of Illinois, and that they do by virtue of the signatures and seals herein affixed hereby make,constitute and appoint Karen A Ryan, Harriet R Reilly, William P Weible, William Cahill, Kimberly Sawicki, Ann Marie Waters, Melissa Newman, Kimberly R Holmes, Christine Eitel, Deborah A Campbell, Leigh Ann Francis, Richard A Freebourn Jr, Individually of Lisle,IL,their true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign,seal and execute for and on their behalf bonds,undertakings and other obligatory instruments of similar nature -In Unlimited Amounts- and to bind them thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of their insurance companies and all the acts of said Attorney,pursuant to the authority hereby given is hereby ratified and confirmed. This Power of Attorney is made and executed pursuant to and by authority of the By-Law and Resolutions,printed on the reverse hereof,duly adopted,as indicated,by the Boards of Directors of the insurance companies. In Witness Whereof,the CNA Companies have caused these presents to be signed by their Vice President and their corporate seals to be hereto affixed on this 21st day of December,2016. oAsuq Continental CasualtyCompany v �T [NSURq �9ANY OF p y �cF ° �Ro National Fire Insurance Company of Hartford OORPORATp o� , ; `NtrORPORgrfOT American Cas alty Company of Reading, Pennsylvania ; O 2 $ JULY 11, N V SEAL c y � 1902 a 1897 � HAHTF�� '�6 • �' Paul T.Bruflat Vice President State of South Dakota,County of Minnehaha,ss: On this 21 st day of December,2016,before me personally came Paul T. Bruflat to me known,who,being by me duly sworn,did depose and say: that he resides in the City of Sioux Falls,State of South Dakota;that he is a Vice President of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company described in and which executed the above instrument;that he knows the seals of said insurance companies;that the seals affixed to the said instrument are such corporate seals;that they were so affixed pursuant to authority given by the Boards of Directors of said insurance companies and that he signed his name thereto pursuant to like authority,and acknowledges same to be the act and deed of said insurance companies. 6J.MOHR 1111SLICS SOUTH DAKOTA NO SEAL ff AAP~,1~4 .+ ( My Commission Expires June 23, 2021 J. Mohr Notary Public CERTIFICATE I,D.Bult,Assistant Secretary of Continental Casualty Company,an Illinois insurance company,National Fire Insurance Company of Hartford,an Illinois insurance company,and American Casualty Company of Reading,Pennsylvania,a Pennsylvania insurance company do hereby certify that the Power of Attorney herein above set forth is still in force,and further certify that the By-Law and Resolution of the Board of Directors of the insurance companies printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of the said insurance companies this 6th day of March 2017 �GASUA %NSURq �YANY0A Continental Casualty Company �cF ° QF9o, National Fire Insurance Company of Hartford 2� OORPORATg �� Qism. w`N�ORPORgTfO sT American Casualty Company of Reading, Pennsylvania Q O • 2 o w a JULY 11, �? v SEAL r y � ��k a I 1897 � HARZFO� b • D. Bult Assistant Secretary Form F6853-4/2012 I Authorizing By-Laws and Resolutions ADOPTED BY THE BOARD OF DIRECTORS OF CONTINENTAL CASUALTY COMPANY: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company at a meeting held on May 12, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of Continental Casualty Company. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'"day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original,hard copy format, may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF NATIONAL FIRE INSURANCE COMPANY OF HARTFORD: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents,agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of National fire Insurance Company of Hartford. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original,hard copy format, may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore be it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." ADOPTED BY THE BOARD OF DIRECTORS OF AMERICAN CASUALTY COMPANY OF READING,PENNSYLVANIA: This Power of Attorney is made and executed pursuant to and by authority of the following resolution duly adopted by the Board of Directors of the Company by unanimous written consent dated May 10, 1995: "RESOLVED: That any Senior or Group Vice President may authorize an officer to sign specific documents, agreements and instruments on behalf of the Company provided that the name of such authorized officer and a description of the documents,agreements or instruments that such officer may sign will be provided in writing by the Senior or Group Vice President to the Secretary of the Company prior to such execution becoming effective." This Power of Attorney is signed by Paul T. Bruflat, Vice President, who has been authorized pursuant to the above resolution to execute power of attorneys on behalf of American Casualty Company of Reading,Pennsylvania. This Power of Attorney is signed and sealed by facsimile under and by the authority of the following Resolution adopted by the Board of Directors of the Company by unanimous written consent dated the 25'h day of April,2012: "Whereas, the bylaws of the Company or specific resolution of the Board of Directors has authorized various officers (the"Authorized Officers") to execute various policies,bonds,undertakings and other obligatory instruments of like nature;and Whereas, from time to time, the signature of the Authorized Officers, in addition to being provided in original, hard copy format, may be provided via facsimile or otherwise in an electronic format(collectively,"Electronic Signatures");Now therefore he it resolved: that the Electronic Signature of any Authorized Officer shall be valid and binding on the Company." AGENCY CUSTOMER ID: 110600 LOC#: A ADDITIONAL REMARKS SCHEDULE Page-2-of 2_ AGENCY NAMED INSURED Michels Civil, A Division of Michels Corporati n Willis of Minnesota, Inc. 817 W Main Street POLICY NUMBER Brownsville, WI 53006 See First Page CARRIER NAIC CODE See First Page IEFFECTIVE DATE: See First Page ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE City of Oshkosh and its officers, council members, agents, employees and authorized volunteers are Additional Insureds with respect to the General Liability and Auto Liability and the work performed by the Named Insured when required by written contract, agreement or permit executed prior to loss. Excess Policy Follows Form. I i i i i 4 I t I t E ACORD 101 (2008/01) Coll:5045290 Tpl:2130405 Cert:25281171 ©2008 ACORD CORPORATION.All rights reserved. The ACORD name and logo are registered marks of ACORD ENDORSEMENT# This endorsement, effective 12:01 a.m., February 1, 2017, forms a part of Policy No. CAD7409554 issued to M10, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the event coverage is cancelled for any statutorily permitted reason,other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of i Cancellation: r As per schedule on file with company 30 E i All other terms and conditions of the Policy remain unchanged. E E t t E IXI 405 0910 i ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. ENDORSEMENT# This endorsement, effective 12:01 a.m., February 1, 2017, forms a part of Policy No. CGD7409553 issued to M10, INC. by Greenwich Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT In the eventcoverage is cancelledfor any statutorily permitted reason,otherthan nonpaymentof premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of i Cancellation: As per schedule on file with company 30 4 All other terms and conditions of the Policy remain unchanged. I r C IXI 405 0910 ©2010 X.L. America, Inc. All Rights Reserved. r May not be copied without permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) ENDORSEMENT# This endorsement, effective 12:01 a.m., February 1, 2017 forms a part of Policy No. CWD7409551 issued to M10, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY In the event coverage is cancelled for any statutorily permitted reason,other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: i Number of Days j Name of Person(s) or Entity(ies) Mailing Address: Advanced Notice of Cancellation: As per schedule on file with company 30 {i I i i i F All other terms and conditions of the Policy remain unchanged. I j This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The-information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective February 1, 2017 Policy No. CWD7409551 Endorsement No. Insured M10, INC. Premium Insurance Company Countersigned by K XL Specialty Insurance Company I i E WC 99 06 57 Ed. 12/10 ©2010 X.L. America, Inc. All Rights Reserved. e. May not be copied without permission. E e i I WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 57 (Ed. 12/10) ENDORSEMENT# This endorsement, effective 12:01 a.m., February 1, 2017 forms a part of Policy No. CWR7409552 issued to M10, INC. by XL Specialty Insurance Company. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. CANCELLATION NOTIFICATION TO OTHERS ENDORSEMENT This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY In the event coverage is cancelled for any statutorily permitted reason,other than nonpayment of premium, advanced written notice will be mailed or delivered to person(s) or entity(ies) according to the notification schedule shown below: Number of Days Name of Person(s) or Entity(les) Mailing Address: Advanced Notice of Cancellation: As per schedule on file with company 30 All other terms and conditions of the Policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Februaryl, 2017 Policy No. CWR7409552 Endorsement No. Insured M10, INC. Premium Insurance Company Countersigned by XL Specialty Insurance Company WC 99 06 57 Ed. 12/10 ©2010 X.L. America, Inc. All Rights Reserved. May not be copied without permission. AECOw w~mECOM ssoNorth Main Street Oshkosh,w/s*en1 aeuom.com Date March 27.2017 AECOK4Project No. 60432283 Ms.Pamela R.Ubrig City ofOshkosh Clerk 215Church Avenue R0.Box 1130 Oshkosh,VV|54S03-1130 Ms.Darlene Brandt Community Development Department 315Church Avenue �O.Box 1l30 Oshkosh,Wisconsin 54S03-113O Notification ofResidual Contamination andCondnuingOb|iQoUnnofortheRivemDove|opmeniintho0ityuf0uhkooh, � Wisconsin � Dear Sir orMadam: This is a letter in regard to the investigation of a release of chlorinated solvents from the former Mercury Marine plant located onthe south side ofMarion Road which has shown that contamination might bmpresent inthe hght~of-way Cleanup has been conducted and AECOM will be requesting that the Wisconsin Department of Natural Resources (WDNNgrant case closure. Anpart ofthe cleanup,soils were excavated totheextent practical. Natural attenuation (degradation)has been evaluated as a remedy and natural degradation processes are expected to continue to remediate the remaining soil and groundwater impacts. Case closure means that the VVDNRwill not borequiring any further investigation or cleanup action to be taken at the site. The general area of investigation/remediation that occurred within the right-of-way located along Marion Road is shown on the attached Figure I and Figure 2. Please carefully revewthefo||mwinA|etterondthnauoouiatodooi|andgmundweterpootectiona(condnuing obligations). Notify the WDNR within the next 30 days if there are any questions regarding the continuing obligations. The WDNR will not review the closure request for at least 30 days after the date of this letter.As an affected property owner,you have a right to contact the WDNR to provide any technical information that you may have that indicates that closure should not be granted for this site.If you would like to submit any information to the WDNR that is relevant to this closure request,you should mail that information to: Mr.Kevin McKnight � Wisconsin Department ofNatural Resources Remediation&Redevelopment Program � � O25East County Road YSuite 7OO � Oshkosh,WI 54801-9731 (920424-0899 � Emai|:Kovn.WuKnight@vwaconain.gov As part of the closure process the WDNR needs to know who will be responsible for maintaining the continuing obligations. Under s.292]2.Wis.Staty,the responsibility for maintaining the necessary protections onepmpertyfeU on the current property owner. As current property owner of this area,please notify the WDNR and prior to any excavation ino/near this identified area. Continuing Obliciations If closure is approved,there are some continuing obligations for which you and any subsequent property owner will be responsible.Under s.292.12(5),Wis,Stats.,occupants of this property are also responsiblefor *uProjeotsm0432283-R*e,o1�5oem/vnmemeuo'Del*em^le*nowwounrauomoo4ouuao-Row wmmoaunn.00cx / AECOM continuing obligations.Please notify any current and future occupants that may beaffected bythis continuing obligation,by supplying them with a copy of this letter. The WDNR fact sheet RR-819,"Continuing Obligations for Environmental Protection",has been included with this letter,to help explain a property owner's responsibility for continuing obligations on their property.If the fact sheet is lost,you may obtain copies at The fact sheet WDNR's publication#RR-589,"When Contamination Crosses a Property Line-Rights and responsibilities of Property Owners",has also been included with this letter,to help explain the responsibilities you may have for maintenance of a certain remedy,the limits of any liability for investigation and cleanup of contamination,and how these differ.|fthe fact sheet iolost,you may obtain acopy at The following are the continuing obligations for which you and subsequent property owners will be responsible: ° Groundwater Contamination Groundwater contamination that appears to have originated from the former Mercury Marine site is present in the right-of-way as shown on Figure 2.The levels of vinyl chloride(VC)and trichloroethene(TCE) contamination in the groundwater in the right-of-way are above the state groundwater enforcement standards found in chapter NR 140,Wisconsin Administrative Code(see Figure 2 and Table 1). However,AECOM Technical Services Inc.(AECOM)has investigated this contamination and has concluded that this groundwater contaminant plume is stable or receding and will naturally degrade over time.AECOM believes that allowing natural attenuation to complete the cleanup at this site will meet the requirements for case closure that are found in chapter NR 726,Wisconsin Administrative Code,and will be requesting that the WDNR accept natural attenuation as the final remedy for this site and grant case closure. The WDNR fact sheet RR 671,"What Landowners Should Know:Information About Using Natural Attenuation to Clean Up Contaminated Groundwater",has been included with this letter,to help explain the use of natural attenuation asoremedy.|fthe fact sheet ialost,you may obtain ecopy at /l�df. Prohibited Activities The following activities will be prohibited on any portion of the property where native soil cover is located,unless prior written approval has been obtained from the WDNR:1)excavating or grading of the land surface;2)filling on covered or paved areas;3)plowing for agricultural cultivation;4)construction or placement of a building or other structure. Summary Once the WDNR approves the closure request,it will be documented in a Final Closure Letter,which will be copied to you. You may also obtain a copy of the closure letter by accessing the WDNR GIS Registry(via RR Sites Map)on the internetaL .The final closure letter will contain adescription ofthe continuing obligation and any prohibitions on activities.The final closure letter and a map of the properties affected will beincluded aapart o[the site file attached onthe GIS Registry, The GIS registry isadatabase(maintained bythe VVDNR)ofsites with residual soil and/or groundwater oontaminatinnthotcontnaotomandpmpertymwnenumustreferto for clearance(and approval,as applicable)prior to beginning any subsurface work. If you or any subsequent property owner wish to construct or reconstruct a well on your property,special well construction standards may be necessary to protect the well from the residual contamination. Any well driller who proposes to construct a well on your property in the future will first need to obtain approval from a regional water supply specialist in WDNR's Drinking Water and Groundwater Program.The well construction application,form 33OO-254.iaonthe internotat� 2I:/6u[/vi o/may beaccessed through the GIS Registry web address inthe preceding paragraph. xAp/ojects\60*3ee83_n/ve'o1suovo/opmenu500'oe/ivem»/emoowwounoouom60432283_now A=COM If you need more information about the request for closure,you may contact Andrew Mott(AECOM-Project Manager) at(920)236-6713.If you need more information about cleanup and closure requirements,or to review the WDNR's file on the case,you may contact Mr.Kevin McKnight at(920)424-7890. Yours sincerely, Andrew Mott Christopher J.Rogers Senior Project Manager Project Geologist Attachments: Figure 1: Site Layout Map Figure 2: Estimated Extent of Groundwater ES Exceedance Map Table 1:Groundwater Analytical Results WDNR Fact Sheets(3) i cc: KevinMcKnight—WDNR i i I I i 4 't i @I@ E' ` K:\Projects\60432283_Rivers 1.5 Development\500-Deliverables\Row Notification\60432283_Row Notification.Docx 3 r/%//i/ t r ,+ " "�° 'SY k y w w r'� .' w,' dad "7firy""r 5 g '"�✓ �� ✓� � ry �/// / / f a,, � d c 'rtr3 '� � ^y�S ac p "; �� /2 a }r � I✓ 9. ""'{ J'x n' � � � x"� n Asa N e, r 3oIf Course w LI-10 "!w,+. 7 r.• '�^" ° a a �. 'r r r r ,fi x r,� r` ,.x' , JeWel{ � 4 y.��r ��„„�R v. w �". r �' a' "'�+a*a r� .� "r'w ',��i'�7�n♦k v�y, ��r"�.J 7 5 rte� � �` ^"� �• ya P a � � a� an�,�w A t � � yy^ k t ��5, am ! � u p � q � y "� �^'"S�n"��i'� �a�! � r''w,r r. �! � s t m �� p?'a rrra"Yz,L , ��, 1 � I��i x ��N d m ; �i/�� 4 ,,r��i .'►� " e 'y rt, kr "r �:�" �r'�v �y,`r wx + t ww ( t r su x v �. � a t"'" y p z✓�t" r"t ".w n +,� Y'•s' ' ,"'" n �'� p d zi d 5"C^ t"j rp kw1 k r d S� ar yh J, ��y} l N A✓ A rF .y �„0�� DIS r, +, M 01 ®Oq. p p h N � J° �,�n�� 7 X • � 4� ^�''m^" !' �we� N / '�r``N r�!" N d'��+`"� dA'✓ at. )� "�"4(�'S'.r�'A � v ��x� ..�" s� �` r d� �f1 ; kz1,N 'k' .✓s d ar , {" k r r �` � & s` a l! r ✓ ".. m " �pJr sr r��'� r "�� n ��.. � ��'dr�h 1"' . 0 € r; �"� � as �` x �`, s*.f : a��` , Nr� a�� r � �, r3�.,r t�N r,.��` a " ;�_ �,e "�, , d ✓a�� N �y r r` 5 o N`x kill— NOTE: K de , N t / ' r° tr;., � o t �� > r r r'h i q i, , r rr r itC 1 w✓{x 9,Hr n rf u 4 a*�.� �" �; ! ,�rp'. M�,p3K�G^'." �r'..'.'d'�*'r�, � ervd.� C:��S:�Y'..re �� u« ,h�A, .� r. .. �"^;9,� :ya. i,,.3.,.,�Jr. i",.��,f,"+✓ �, .��.,rs."�tt :;dx x1 ��. Y x p NOTE:NO KNOWN MUNICIPAL WELLS N WITHIN 1200 FEET OF SITE WISCONSIN O MW O O o QUADRANGLE LOCATION E SOURCE:OSHKOSH 1992 QUADRANGLE MAP a a 0 ul SCALE:1 INCH=2,000 FEET o Drawn: TPB 06/14/2016 mCCDMLOCATION MAP Checked: ml MERCURY MARINE - PLANT NO. 64/24 Approved: 558 North Main Street THE RIVERS - PHASE II DEVELOPMENT PROJECT a 60432283 Oshkosh,W54901 OSHKOSH, WISCONSIN NUMBER 920.235.0270 x www.aecom.com FIGURE Copynght @2010, ey:AECOra USA,mt. NUMBER ASCOM LEGEND PROJECT NJNITDPiNG x£LL LDCnTIDN FORMER MERCURY ^,= MANHOLE LOC41109 MARINE PLANT 64 C6CCTCH BtSIN LOCAl,ON MARION RD. OSHKOSH,WISCONSIN -- sl . uNOf PGpcL'O 41GRN SEMEO L''.NE g® UNDERGPOU40 jAN�'uRf SEWER LIr+E I ---( -— UNDEACAOUND h tINE CONSULTANT i .E — . UrIDERGP0uN0 EIECtAiC c INE AECOM UNOEPGROUHO 1tsTEP LINE 558 NORTH MAIN ST ®DE�- . OVERHEAD ELECTRIC LINE OSHKOSH,WI 54901 a 920-235-0270 tel 920-235-0321 fax WWW.3ec0m.00m S 50 i5 0 c",DJ e Ttv 1151:_ 4 .0 c050 <S.0 '2.90 10.50 (2.03 4Y/ 8.1 1i•� *49 r�31.99 �i1.q: 2.20.0 In 15-t- Ott 44.t7 x'iA 0.4 4110 ..�L �.,:,.g,T],' •0[ -a•04 f+28•t+.:3•@45. 'G' .�$ cd aid fl-991 1@ ra.'la 04111 (boo i 4 �`t I REGISTRATION r (I [t tt 6+�W�8•t3 Ot1i .e1 t•S•4t -79 !•TT•w •2� 9 alI ISSUE/REVISION 'c19163 1016D1 d@.,141 ll,ll 11.17 R! +sl1•L2'O <t,�9 E L6 117,79 'a 4@,511 PLF a$,t1N ftj.,4T CL0 1 _.._._ r-7 47#mmuj vC LI,STt 17,Sa9 4�.1�1 10.211 <O.Et' i3. c•s,i,2.0 5,91 i9,S21 5.@9 14,10) Hol 1{ la ljl-�t '1.211 43,@41 'Ag2l MALYTICAL KEY URI DATE DESCRIPTION KEY PLAN ',.VC VAOL c�LOc1DE !•0 =c:s- -2•C ICHL G4OEt�Y ng p 'CE E'RC -LOR�C TwCHC E a vi C+iEEDS raP an r5 o _ E'CECD5 NF iaa Pr,, Ni � yL tS ErRRC cEEO Ht ulLa(TGRo-reS o w PROJECT NUMBER o N NOTE: DATA FROM SIGMA 60432283 ENVIRONMENTAL SERVICES ,(/ SHEET TITLE v � v O V 11()TL: O � O a c / { o E a SHEET NUMBER FIGURE 2 O O N CV (V f C Q O V' 00 O�j w # " i 0 O h. 0 96 N R r, d C; Nr- � O cc o c°-o I c m 0 f X: ; N 0000 �, . « it) N Qu) 00 . _ (n Lij ,.�.. s J y N l i M N C) { 4y M O O O O O O h d O 0 0 0 d O O V > O t�cY N U) lA LO O to CO to u') LO U7 n � l t!) C Q - C U) Z C3 C3 Yoo � O000 � 000Na `' X00 > oo v v c d v o M c NC 0 0 0 0 0 0 0 0 0 0 0 0 0 O O 0 0 o w@ W a Z Z C < tt> lf3 t[) t!') CV lf) to lt) to ll7 t() in �.... try t17 U') tf') f» O d vvv Z 0 0 0 0 Y 0 0 0 0 Y O O 0 0 0 0 V 0 0 d C1 o V Y CL ECO ro o m m o Q) O O d O N O C. 0 0 O C) O O d O H O 0 0 C) OO y YR-.d N N N ,0 }} N q �n �n u) o u) �n in �n �n �n 0 r 0 00 u) tO � m co Ln Z 0 0 0 0 V 0 0 0 0000 COQ NOO U LL X X V V V O V V V V V V V V o V V Y E °c U U W W c� +( 0 11 11 II II II ❑ .,V.� P a S O Q a c0) l 4 W L NCgIC y W > O C C C J'- � NN N _ N O G d C S, }< C U N flt N CU i C S N C A .fl a) Q O .0 L t] O t6 `4 J IA N C tU m .�., 2 N O O 0 7. p .n ti m O N Q.. N C N o _y tU N L 0) 6 C r > U �-� Z .� U �e � K co J d U d Z 5 ico U Q) i When Contamination Crosses a Property Line — Rights and Responsibilities of Property Owners Off-Site Limited Liability Exemption PUB-RR-589 July 2012 Information in this Fact Sheet Instead,the responsibilities of off-site owners are to; A. Summary of Property Owner Rights and 1) allow access to their property so that Responsibilities those responsible for the contamination B. The Statutory Exemption from may follow it across the property line as Environmental Cleanup they investigate and clean it up, and C. Option for a Written, Property-Specific Liability Exemption 2) if the cleanup approval includes a D. Other Options & Situations— Liability continuing obligation on the off-site Clarification Letters property, maintain the required physical E. Responsibility for Continuing and administrative conditions of that Obligations obligation. Please see Section E to learn F. More Information more about continuing obligations. A. Summary of Property Owner Rights and Responsibilities Off-Site Property Owners Must: When contamination from one property 1.Allow access to their property so that crosses a property line and affects a second those responsible for the contamination property, Wisconsin law provides an may take action, and exemption from environmental liability to the second owner, know as an"off-site" 2. If a continuing obligation is part of the owner(s. 292.13, Wis. Stats.). This means final cleanup, maintain those conditions on that generally the Department of Natural the relevant portion of their property. Resources (DNR)will not ask property owners to clean up contamination that did not originate on their property. B. The Statutory Exemption from Environmental Cleanup An Off-Site Property Owner is Requirements someone who owns property that Wisconsin law, s. 292.11, Wis. Stats., has been affected by contamination generally holds those who cause,possess or that originated on another control contamination responsible for reporting the contamination to DNR, investigating its full extent, and cleaning it up. This responsibility does not end at their property line. Wisconsin Department of Natural Resources P.O.Box 7921,Madison,WI 53707 ,""'" dnr.wi.gov,search"brownfield" rt Another section, s. 292.13, Wis. Stats., appropriate environmental data and property provides an exemption from environmental history. liability to owners of"off-site"properties, properties on which the contamination did In this situation, owners of"off-site" not originate. The owners of these properties must first notify DNR about the properties do not need to take action to contamination they have found. DNR will obtain this exemption. However, they have work with the responsible party to take the option to request a written, site-specific appropriate actions to investigate and liability exemption or a liability clarification cleanup the contamination. For example, if letter from DNR. Please see sections C and a long-time office supply store located next D for more information about these options. to a dry cleaner discovers dry cleaning solvents near the property line, DNR may not ask the office supply store to do more Usually off-site contamination is discovered than to provide access so that the dry cleaner as the party responsible for it conducts an may complete an investigation. investigation to determine the degree and extent of contamination. If the contamination crosses a property line, the Responsible Party Notifications responsible party needs to ask the owners of to Neighbors affected off-site properties for permissions so they may complete their investigation and Those responsible for contamination should /or cleanup. It's important for off-site take these steps to provide information to owners to reach agreement on access with the owners of off-site property affected by the responsible party, because failure to their contamination: provide access can nullify an off-site property owner's exemption from liability. 1)When initially requesting site access to The access agreement is an opportunity to sample for contamination on neighboring negotiate terms such as the restoration of property, offer to share those sampling landscaping and scheduling the work. results with the neighbors. Sometimes contamination that originated on 2) Notify off-site property owners before one property is not discovered by the requesting state approval of any cleanup responsible party, but rather by neighbors that leaves residual contamination on an off- who conduct their own environmental site property, including any engineering assessments on their properties. Neighbors controls that would be required in order for may do this in order to assure potential the state to approve the cleanup. This purchasers of their property's condition or to notification is required by law, S. 292.12(4), obtain financing. Property owners who Wis. Stats. discover contamination that they believe originated elsewhere may qualify for the statutory exemption from environmental C. Option for a Written, Property- liability. However, they need to Specific Liability Exemption demonstrate that the contamination originated somewhere else by collecting If off-site property owners can demonstrate that the contamination originated 2 I i i somewhere else on another property, they contamination and comply with any may obtain a written liability exemption other conditions that DNR finds from DNR. The fee to obtain DNR's review necessary. of this data and make a determination of liability is required in accordance with ch. The liability exemption is not transferable to NR 749, Wis. Adm. Code. future off-site owners. DNR's Off-site Liability Exemption application,Form A written liability exemption letter can be 4400-201, includes instructions and useful if the off-site neighbors affected by describes the information needed by DNR in contamination from another property needs order to grant a site-specific off-site liability to refinance, lease their property, sell their exemption. Please see Section F for more property or undertake construction. information. The off-site property owner can use D. Other Options & Situations— investigation data collected by the Liability Clarification Letters responsible party in response to the contamination or, an owner of an off-site If an affected property owner is unable to property may collect their own data to meet the conditions to obtain an off-site demonstrate the contamination is coming liability exemption, DNR can instead from somewhere else.. provide a liability clarification letter for a fee. For more information about this option, In order to obtain this liability exemption, an please see fact sheet RR-619, General off-site property owner must demonstrate Liability Clarification Letters. that: • The contamination originated somewhere else; Liability clarification letters may be helpful • The off-site owner did not possess or when: control the property where the contamination originated; and Someone is considering purchase of • The off-site owner did not possess or property with contamination that may control the hazardous substance, or have originated somewhere else; the cause its discharge onto the clarification letter would state the contaminated properties. conditions under which the liability exemption would be available to an off- Off-site property owners must also: site owner; • Allow the party that is responsible Widespread contamination has affected for the contamination, as well as multiple properties; DNR can write one DNR, reasonable access to their liability clarification letter that describes property for investigation and clean the conditions under which an off-site up of the contamination; and exemption would be available to the • Avoid actions that worsen the affected property owners; contamination, not interfere with actions taken in response to the There is credible evidence that • groundwater contamination has moved onto a property from somewhere else, 3 although no groundwater samples have proposal. This is required by law and been collected and analyzed from the allows off-site property owners time to affected "off-site"property; tell DNR about any technical concerns regarding the proposed cleanup. The • There is groundwater contamination in law does not provide for objections the area and a likelihood that a property based on convenience. may become affected by contamination that originated somewhere else. 2. If a cleanup proposal that includes off- site continuing obligations is approved, If any of these liability clarification letters DNR will send a letter to off-site owners are requested, the DNR's Off-Site Liability detailing their requirements to maintain Exemption form (Form 4400-201) should be the continuing obligation. used. 3. An off-site property owner may enter E. Responsibility for Continuing into a "legally enforceable agreement" Obligations (i.e. a private contract)with the party responsible for the contamination, under which the responsible party assumes Often residual contamination remains after responsibility for maintaining a an approved environmental cleanup, and continuing obligation on the off-site sometimes the cleanup approval includes person's property. engineering controls to reduce its impact. For example, a common type of continuing 4. A property owner may request obligation is maintaining a "cap" of asphalt modification of a continuing obligation or concrete to keep rain from flushing soil when environmental conditions change. contaminants into the groundwater, or a cap For example, petroleum contamination of clean soil that prevents human contact degrades over time and results of new with contaminated soil. analytical samples may support modifying or removing a continuing When residual contamination extends across obligation. A review fee is required for a property line, a continuing obligation may this step. also extend onto a neighboring"off-site" property as a legal part of the cleanup 5. All contaminated properties that get approval. So while owners of off-site closure appear in DNR's GIS Registry, properties may not be responsible for an on-line property information system. cleaning up the contamination, they may If there is a continuing obligation, it will become responsible by law for maintaining be described in the closure approval the continuing obligation. letter found in the GIS Registry, allowing current and future property Important information about continuing owners to find information about the obligations continuing obligation requirements. 1. The party responsible for cleaning up contamination must notify all affected off-site property owners of a proposed continuing obligation on their property before DNR reviews the cleanup 4 Legal requirements for "off-site" changing the physical conditions property owners when continuing specified in a continuing obligation. obligations are in place: For more information about related topics, I. The property owner must obtain prior please consult these resources on DNR's approval from DNR if the owner intends Remediation.and Redevelopment Program to construct or reconstruct a water web site at dtir.wi.gov/topic/Browtifields/. supply well. e Off-site Liability Exemption Application, 2. If residual contamination is disturbed, DNR form 4400-201, the property owner is responsible for proper sampling, handling and treatment e General Liability Clarification Letters, or disposal of the contamination. Publication RR-619. 3. If specified in the cleanup approval, the * Off-Site Contamination web page, property owner must periodically inspect including Frequently Asked Questions, at the continuing obligation, maintain it dnr.wi.gov/totiic/brownfields/offsite.litmI and record the maintenance activities. For example,this often means keeping * Residual Contamination and Continuing in good repair the pavement that covers Obligations web page at contaminated soil. dnt-.wi.gov/topic/Brownfields/Residual.litml 4. The property owner must obtain prior written approval from the state before DNR Regional Brownfield Contacts Please direct questions to the Brownfield specialist in your local DNR regional office- dnr.wi.gov/topic/Browiifielcls/Cotitact.htmi. To find out more information about the Remediation and Redevelopment Program, please see our website at diii-,wi.gov/topic/brownfields/. 5 1 •— +,�; . Using Natural Attenuation to Clean Up Contaminated Groundwater: What Landowners Should Know r RR-671 December 2016 What Is Natural Attenuation? Natural attenuation makes use of natural processes in soil and groundwater to contain the spread of contamination and to reduce the amount of contamination from chemical releases. Natural attenuation is an in-sitz treatment method. This means that contaminants are left in place while natural attenuation works on them. Natural attenuation is relied upon to clean up contamination that remains after the source of the contamination is removed. An example of a source of contamination would be a leaking underground petroleum tank. How Does Natural Attenuation Work? Natural attenuation processes work at many sites, but the rate and degree of effectiveness varies from property to property, depending upon the type of contaminants present and the physical, chemical and biological characteristics of the soil and groundwater. Natural attenuation processes can be divided into two broad categories—destructive and non-destructive. Destructive processes destroy contaminants. The most common destructive process is biodegradation. Non-destructive processes do not destroy the contaminant, but reduce contaminant concentrations in groundwater through dilution, dispersion or adsorption. Biodegradation Biodegradation is a process in which micro-organisms that naturally occur in soil and groundwater(e.g. yeast,fungi, or bacteria), break down, or degrade hazardous substances to less toxic or non-toxic substances. Microorganisms, like humans, eat and digest organic compounds for nutrition and energy (organic compounds contain carbon and hydrogen atoms). Some types of microorganisms can digest organic substances such as fuels or solvents that are hazardous to humans. Microorganisms break down the organic contaminants into harmless products—mainly carbon dioxide and water. Once the contaminants are degraded,the microorganism populations decline because they have used their food sources. These small populations of microorganisms pose no contaminant or health risk. Many organic contaminants, like petroleum, can be biodegraded by microorganisms in the underground environment. For example, biodegradation processes can effectively cleanse soil and groundwater of hydrocarbon fuels such as gasoline and benzene,toluene, ethylbenzene, and xylene—known as the BTEX compounds, under certain conditions. Biodegradation can also breakdown other contaminants in groundwater such as trichloroethylene(TCE), a chlorinated solvent used in metal cleaning. However,the processes involved are harder to predict and are less effective at contaminant removal compared to petroleum-contaminated sites. Wisconsin Department of Natural Resources P.O.Box 7921,Madison,WI 53707 dnr.wi.gov,search"brownfield" qp .. Mieroorganiame eat oil Microarganisma.digeat oil and Micraorganlama or other organic covert it to carbo dlo ide(M) give off C01 contaminant and w--star(H&O) and H2O Figure 1. Schematic Diagram of Aerobic Biodegradation in Soil Dilution and Dispersion The effects of dilution and dispersion reduce contaminant concentrations but do not destroy contaminants. Clean water from the surface seeps underground to mix with and dilute contaminated groundwater. Other processes that lead to reduced concentrations of contaminants include clean groundwater flowing into contaminated areas, and the dispersion of pollutants as they spread out and away from the main path of the contaminated plume. Adsorption Adsorption occurs when contaminants attach or"sorb"to underground particles. Most oily substances (like petroleum compounds)repel water and escape from the groundwater by attaching to organic matter and clay minerals in the subsurface. This process holds back or retards contaminant movement and reduces the concentration of contaminants in the groundwater. However, like dilution and dispersion, adsorption does not destroy contaminants. Why Consider Natural Attenuation To Clean Up Soil And Groundwater? In certain situations, natural attenuation is an effective, inexpensive cleanup option and the most appropriate way to remediate some contamination problems. Natural attenuation focuses on confirming and monitoring natural remediation processes rather than relying on engineered or"active"technologies (such as pumping groundwater,treating it above ground,then disposing of the treated water). Contaminants from petroleum are good candidates for natural attenuation because they are among the most easily destroyed by biodegradation. Natural attenuation is non-invasive,which allows treatment to go on below ground,while the surface can continue to be used. Natural attenuation can also be less costly than active engineered treatment options, and requires no special equipment, energy source,or disposal of treated soil or groundwater. Will Natural Attenuation Work At My Property? Whether natural attenuation will work at a particular location is determined by investigating the soil and groundwater. These investigations determine the type of contaminants present,the levels of contamination, and the physical and chemical conditions that lead to biodegradation of the contaminants. In order to rely on natural attenuation, responsible patties are required to confirm that natural attenuation processes are working by monitoring the soil and groundwater over a period of time to show that the contaminant concentrations are decreasing and that the contamination is no longer spreading. Those conducting the cleanup need to know whether natural attenuation, or any proposed remedy,will reduce the contaminant concentrations in the soil and groundwater to legally acceptable limits within a reasonable period of time. Natural attenuation may be an acceptable option for sites where active remediation has occurred and has reduced the concentration of contaminants (for instance, removing leaking underground tanks and contaminated soil). However, natural attenuation is not an appropriate option at all sites. If the contamination has affected a drinking water well, or has entered a stream or lake, active cleanup options may be necessary to make sure people and the environment are protected from direct contact with the contamination. The speed or rate of natural attenuation processes is typically slow. Monitoring is necessary to show that concentrations decrease at a sufficient rate to ensure that contaminants will not become a health threat in the future. Closure Of Contaminated Sites Using Natural Attenuation As A Final Remedy When contamination is discovered at a property(such as a gas station with leaking underground tanks), the person who is responsible for causing the contamination, and persons having possession or control of hazardous substances that have been discharged, have the responsibility to remove the source of contamination and investigate and clean up the contamination that has escaped into the soil and groundwater. The contaminant release must be reported to the Wisconsin Department of Natural Resources (DNR)and the site investigation and cleanup are overseen by a state agency. Depending on the type of contaminant, the oversight agency could be the Department of Agriculture, Trade and Consumer Protection or Department of Natural Resources. When the cleanup has complied with state standards, the person responsible for the contamination will ask the state agency for closure of the case. If natural attenuation is relied upon to finish cleaning up a contaminated property after closure,the responsible person will need to show that contaminant concentrations are not spreading,that contaminant concentrations are stable or decreasing, and that the concentrations will decrease in the fixture until state groundwater standards are met. Because natural attenuation processes are slow, it may take many years before the properties with contamination are clean. State rules require that all owners of properties where groundwater contamination has spread must be informed of the contamination below their property. In addition,the properties with groundwater contamination exceeding state groundwater enforcement standards must be listed on a database to notify future owners and developers of the presence of contamination. If future monitoring occurs and shows that natural attenuation processes have removed the contaminants to state-required cleanup levels,then the properties can be removed from the database. The state agency will grant closure if the site investigation and monitoring shows that natural attenuation will clean up groundwater to state standards within a reasonable period of time. All state rules for cleanup must be met and the person who is responsible for the contamination must comply with all conditions of the state's closure approval. Publications The following publications provide additional information on natural attenuation. Websites where these can be downloaded free of charge are also listed. • A Citizen's Guide to Bioremediation, September 2012, EPA 542-F-12-003; littps://www.epa.gov/sites/productioti/files/2015- 04/documents/a citizens guide to biorernediatiq".)df • Commonly Asked Questions Regarding the Use of Natural Attenuation for Petroleum-Contaminated Sites at Federal Facilities, www.clu-in.orgdownload/techfocus/na/lia-I)etrol.pdl • M017itored Natural Attenuation of Petroleum Hydrocarbons: U.S. EPA Remedial Technology Fact Sheet, May 1999, EPA 600-F-98-021; WWW.Chl- iii.oi•gdownload/i-eiiied/pet-hvd.pd • Monitored Natural Attenuation of Chlorinated Solvents,May 1999,EPA 600-F-98-0022; NV\VNV.CILI- in.orgdoNvtiload/i-eiiied/chl-solv.pd • Guidance on Natural Attenuation for Petroleum Releases, WI DNR, Bureau for Remediation and Redevelopment, March 2003,PUB-RR-614; dtir.wi.gov/files/PDF/pLibs/i-r/RR6]4.pd The State of Wisconsin Contact Information Department of Natural Resources If you have questions about natural 0 Region Offices Z attenuation contact a DNR Environmental NORTHERN Program Associate(EPA) in your local DNR regional office. The EPA can direct 0 Spooner ...... you to a project manager. ------ Rhinelander o P- WEST CE TRAL A, &Eau Claire NORTHEAST I—J raid du 4n¢ lr Aid wn SOUTH CENTRAL "$on I ilwaukee S UTHEAST Note: Tlteseare the Remediation and Redevelopment Program's designated regions. Othet-DNRpt-ogi-atni-egioiialboitiidariesitiaybe different. This document is intended solely as guidance and does not contain any mandatory requirements except where requirements found in statute or administrative rule are referenced.This guidance does not establish or affect legal rights or obligations and is not finally determinative of any of the issues addressed.This guidance does not create any rights enforceable by any party in litigation with the State of Wisconsin or the Department of Natural Resources.Any regulatory decisions made by the Department of Natural Resources in any matter addressed by this guidance will be made by applying the governing statutes and administrative rules to the relevant facts. Continuing Obligations Beg •, for Environmental Protection f ' Responsibilities of Wisconsin Property Owners PUB-RR-819 November 2013 This fact sheet is intended to help property owners understand their legal requirements under s. 292.12, Wis. Stats., regarding continuing obligations that arise due to the environmental condition of their property. The term "continuing obligations" refers to certain actions for which property owners are responsible following a completed environmental cleanup. They are sometimes called environmental land use controls or institutional controls. These legal obligations, such as a requirement to maintain pavement over contaminated soil, are most often found in a cleanup approval letter from the state. Less commonly, a continuing obligation may apply where a cleanup is not yet completed but a cleanup plan has been approved, or at a property owned by a local government that is exempt from certain cleanup requirements. What Are Continuing Obligations? Continuing obligations are legal requirements designed to protect public health and the environment in regard to contamination that remains on a property. Continuing obligations still apply after a property is sold. Each new owner is responsible for complying with the continuing obligations. Background Wisconsin, like most states, allows some contamination to remain after cleanup of soil or groundwater contamination (residual contamination). This minimizes the transportation of contamination and reduces cleanup costs while still ensuring that public health and the environment are protected. The Department of Natural Resources (DNR), through its Remediation and Redevelopment (RR) Program, places sites or properties with residual contamination on a public database in order to provide notice to interested parties about the residual contamination and any associated continuing obligations. Please see the "Public Information" section on page 3 to learn more about the database. (Prior to June 3, 2006, the state used deed restrictions recorded at county courthouses to establish continuing obligations, and those deed restrictions have also been added into the database.) Wisconsin Department of Natural Resources P.O.Box 7921,Madison,WI 53707 MSCONSUN DEPT OF"TURAL RESOURCES dnr.wi.gov, search"brownfield" Types of Continuing Obligations 1. Manage Contaminated Soil that is Excavated If the property owner intends to dig up an area with contaminated soil,the owner must ensure that proper soil sampling, followed by appropriate treatment or disposal, takes place. Managing contaminated soil must be done in compliance with state law and is usually done under the guidance of a private environmental professional. 2. Manage Construction of Water Supply Wells If there is soil or groundwater contamination and the property owner plans to construct or reconstruct a water supply well, the owner must obtain prior DNR approval to ensure that well construction is designed to protect the water supply from contamination. Other Types of Continuing Obligations Some continuing obligations are designed specifically for conditions on individual properties. Examples include: • keeping clean soil and vegetation over contaminated soil; It is common for properties • keeping an asphalt "cover" over contaminated soil or with approved cleanups to groundwater; have continuing obligations • maintaining a vapor venting system; and because the DNR generally • notifying the state if a structural impediment (e.g. building) does not require removal of all that restricted the cleanup is removed. The owner may then contamination. need to conduct additional state-approved environmental work. Property owners with the types of continuing obligations described above will find these requirements described in the state's cleanup approval letter or cleanup plan approval, and must: • comply with these property-specific requirements; and • obtain the state's permission before changing portions of the property where these requirements apply. The requirements apply whether or not the person owned the property at the time that the continuing obligations were placed on the property. Changing a Continuing Obligation A property owner has the option to modify a continuing obligation if environmental conditions change. For example, petroleum contamination can degrade over time and property owners may collect new samples showing that residual contamination is gone. They may then request that DNR modify or remove a continuing obligation. Fees are required for DNB's review of this request and for processing the change to the database ($1050 review fee, $300/$350 database fee). Fees are subject to change; current fees are found in Chapter NR 749, Wis. Adm. Code, on the web at www.le2is.state,wi.Lis/rsb/code/nr/iir749df. �p Public Information The DNR provides public information about continuing obligations on the Internet. This information helps property owners, purchasers, lessees and lenders understand legal requirements that apply to a property. DNR has a comprehensive database of contaminated and cleaned up sites, BRRTS on the Web. This database shows all contamination activities known to DNR. Site specific documents are found under the Documents section. The information includes maps, deeds, contaminant data and the state's closure letter. The closure letter states that no additional environmental cleanup is needed for past contamination and includes information on property-specific continuing obligations. If a cleanup has not been completed, the state's approval of the remedial action plan will contain the information about continuing obligations. Properties with continuing obligations can generally be located in DNR's GIS Registry, part of the RR Sites Map. RR Sites Map provides a map view of contaminated and cleaned up sites, and links to BRRTS on the Web. If a completed cleanup is shown in BRRTS on the Web BRRTS on the Web and but the site documents cannot be found in the RR Sites Map are part of Documents section, DNR's closure letter can still be CLEAN obtained from a regional office. For assistance, please (the Contaminated Lands contact a DNR Environmental Program Associate (see Environmental Action Network) at the RR Program's Staff Contact web page at d_9r.wi.gov/tat)ic/Browntieldslclean.htrnl dtnr.Ny�t,gov/tovic/Browti fie I ds/Contact.litin 1). Off-Site Contamination: When Continuing Obligations Cross the Property Line An off-site property owner is someone who owns property that has been affected by contamination that moved through soil, sediment or groundwater from another property. Wisconsin law, s. 292.13, Wis. Stats., provides an exemption from environmental cleanup requirements for owners of "off-site" properties. The DNR will generally not ask off-site property owners to investigate or clean up contamination that came from a different property, as long as the property owner allows access to his or her property so that others who are responsible for the contamination may complete the cleanup. However, off-site property owners are legally obligated to comply with continuing obligations on their property, even though they did not cause the contamination. For example, if the state approved a cleanup where the person responsible for the contamination placed clean soil over contamination on an off-site property, the owner of the off-site property must either keep that soil in place or obtain state approval before disturbing it. Property owners and others should check the Public Information section above if they need to: • determine whether and where continuing obligations exist on a property; • review the inspection, maintenance and reporting requirements, and • contact the DNR regarding changing that portion of the property. The person to contact is the person that approved the closure or remedial action plan. 3 Option for an Off-Site Liability Exemption Letter In general, owners of off-site properties have a legal exemption from environmental cleanup Legal Obligations of requirements. This exemption does not require a Off-Site Property Owners state approval letter. Nonetheless, they may request a property-specific liability exemption Allow access so the person cleaning up the letter from DNR if they have enough information contamination may work on the off-site to show that the source of the contamination is property(unless the off-site owner not on their property. This letter may be helpful completes the cleanup independently). in real estate transactions. The fee for this letter is $700 under Chapter NR 749, Wis. Adm. Code. Comply with any required continuing For more information about this option, please obligations on the off-site property. see the RR Program's Liability web page at diit-.wi.�ov/toL)ic/Bi-owtificids/Liability.litmi. Required Notifications to Off-Site Property Owners 1. The person responsible for cleaning up contamination must notify affected property owners of any proposed continuing obligations on their off-site property before asking the DNR to approve the cleanup. This is required by law and allows the off-site owners to provide the DNR with any technical information that may be relevant to the cleanup approval. When circumstances are appropriate, an off-site neighbor and the person responsible for the cleanup may enter into a "legally enforceable agreement" (i.e. a contract). Under this type of private agreement, the person responsible for the contamination may also take responsibility for maintaining a continuing obligation on an off-site property. This agreement would not automatically transfer to future owners of the off-site property. The state is not a party to the agreement and can not enforce it. 2. If a cleanup proposal that includes off-site continuing obligations is approved, DNR will send a letter to the off-site owners detailing the continuing obligations that are required for their property. Property owners should inform anyone interested in buying their property about maintaining these continuing obligations. For residential property, this would be part of the real estate disclosure obligation. More Information For more information, please visit the RR Program's Continuing Obligations web site at diir.wi.gov/tooic/Brownfields/Residual.litmi. For more information about DNR's Remediation and Redevelopment Program,See Our web site at dnr.wi.gov/org/aw/rr/. This document contains information about certain state statutes and administrative rules but does not include all of the details found in the statutes and rules. Readers should consult the actual language of the statutes and rules to answer specific questions, The Wisconsin Department of Natural Resources provides equal opportunity in its employment,programs,services,and functions under an Affirmative Action Plan, If you have any questions,please write to Equal Opportunity Office,Department of Interior,Washington,D.C.20240. This publication is available in alternative format upon request. Please call 608-267-3543 for more information. 4