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IP #881For the full report on P N it y Council agenda packets and/or Planning Commission agenda packets, PROJECT NO. 881 I A rena Com munity Room Res. 2010 -147 10/25/10 Resolution authorizing the appropriation of $9,774 to replace flooring at the Ice Arena Community Room by Division 9 Tile, LLC (improvement project no. 881) Res. 2011 -16 1/10/11 Resolution approving change order no. 1. for the tile flooring project for the Ice Arena Community Room by Division 9 Tile, LLC (improvement project no. 881) �0 CITY OF NEW HOPE CONTRACT WITH DIVISION 9 TILE, LLC. For valuable consideration as set forth below, this contract dated the 26 day of October 2010, is made and signed by the City of New Hope (hereinafter "City ") and Division 9 Tile, LLC. (hereinafter "Contractor "). CONTRACT DOCUMENTS The Contractor hereby promises and agrees to perform and comply with all the provisions of this Contract and specifications, all of which are incorporated hereby by this reference. This Contract shall compromise the total agreement of the parties hereto. No oral order, objection or claim by any party to the other shall affect or modify any of the terms or obligations contained in this Contract. THE WORK The work to be performed by Contractor under this Contract (hereinafter the "Work "), is defined in the Division 9 Tile, LLC contractors proposal. Any modifications to the work defined in the Contractors proposal will be made in writing. CONTRACT PRICE The City agrees to pay the contractor $9,774.00 dollars (Nine Thousand Seven Hundred Seventy - four Dollars), payable in accordance with the payment terms of the City of New Hope Instruction to Bidders. Contractor will be charged liquidated damages assessed in the amount of $100 per day for every calendar day that the contract remains uncompleted beyond the 31 day of -�7-0 n 2010' Total amount of this contract shall not exceed $9,774.00. COMPLETION DATE Contractor shall complete his performance under this Contract by the ' day of YLt , -C- 2010 (hereinafter "Completion Date "). INSURANCE /BOND Before beginning actual work under this Contract, the Contractor shall submit to the City and obtain the City's approval of a certificate of insurance on Standard Form C.I.C.C. -701 or ACORD 25 forms, showing the following insurance coverage and listing the City as a loss payee under the policies: a. General Contractor Liability: $1,000,000.00 b. Automobile Liability for all Automobiles: $1,000,000.00 c. Workman's Compensation: Statutory Amounts Contract Page 2 This certificate must provide for the above coverages to be in effect from the date of the Contract until 30 days after the Completion Date and must provide the insurance coverage will not be canceled by the insurance company without 30 days written notice to the City of intent to cancel. The certificate must further provide that the contractor's insurance coverage is primary coverage notwithstanding any insurance coverage carried by the City that may apply to injury or damage relating to the maintenance or repair of the City's streets or right -of -ways by either the City or any employee, agent, independent contractor or any other person or entity retained by the City to perform the services described herein. The Contractor shall furnish Performance and Materials /Labor Bonds, each in an amount at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. All Bonds shall be in the forms prescribed by the Contract Documents and be executed by such Sureties as (A) are licensed to conduct business in the State of Minnesota, and (B) are named in the current list of "Companies Holding certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts, U.S. Treasury Department. All bonds signed by an agent must be accompanied by a certified copy of the authority to act. If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Minnesota or it ceases to meet the requirement of clauses (A) or (B) in the previous paragraph, Contractor shall within five days thereafter substitute another Bond and Surety, both of which shall be acceptable to City. All bonds and insurance are subject to the review and approval of the New Hope City Attorney. 6. LAWS REGULATIONS AND SAFETY The Contractor shall give all notices and comply with all laws, ordinances, rules and regulations applicable to performance under this Contract. 7. INDEMNIFICATION The Contractor agrees to indemnify, defend and hold the City harmless from any damages, including costs and attorney's fees, from any claims, demands, actions or causes of action arising out of any act or omission on the part of the Contractor or its agents, servants or employees in the performance of or with relation to any of the work or services performed or furnished by the contractor under this Contract. 8. ASSIGNMENT The Contractor shall not assign or transfer, whether by an assignment or notation or otherwise, any of its rights, duties, benefits, obligations, liabilities or responsibilities without prior written consent of the City. Contract Page 3 9. NOTICE The address and telephone number of the Contractor for purposes of giving notices and any other purpose under this contract shall be Division 9 Tile, LLC. 845 Hwy 169 north, Plymouth, MN 55441 Gregory Mundahl; 763 - 231/7337. The address of the City for purposes of giving notices and any other purpose under this contract shall be 4401 Xylon Avenue North, New Hope, MN 55428. The contact person for this contract is Jim Corbett: 763 - 531 -5181. IN WITNESS WHEREOF, the parties to this Contract have hereunto set their hands and seals as of the day and year first above written. Contract Page 4 STATE DFMINNESOTA ) )oa. COUNTY OFHENNEP|N ) The �� foregoing was acknowledged before methis /`J day of & .2O1O.byKathiHemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public STATE OFMINNESOTA ) )so. COUNTY OFHENNEP|N ) The foregoing was acknowledged before me on this 10 day of J L-/(f Al h K ' .2010.by of �� ��/�� / � Lp .onbeha�of L/m^/fCd - / / Notary Public Public Notary Public 00� 7 My Comm. Expires on 31, 201 COUNCIL aim Originating Department I Approved for Agenda ( Agenda Section Parks and Recreation I January 10, 2011 1 Development and By: Shari French, P &R Director By: Kirk McDonald, City Manager ' Item No. 8.3 Resolution approving change order no. 1 for the tile flooring project for the Ice Arena Community Room by Division 9 Tile, LLC (improvement project #881) Requested Action Staff is recommending that the Council approve change order no. 1 to the contract with Division 9 Tile, LLC in the amount of $8,300. Background At the October 25 meeting the City Council approved the low quote in the amount of $9,774 from Division 9 Tile, LLC to replace the flooring in the Ice Arena community room with VCT (vinyl composition tile). The city received 3 quotes and all were within several hundred dollars of each other. The project included removal and disposal of the old flooring and installation of the new. The plan was to complete the project over the holiday break, as dance classes and community room rentals were scheduled to start up again the beginning of the year. Change order part 1: after tearing off the original the the contractor found asbestos in the mastic /glue used to lay_ that the over 30 years ago. While it was anticipated that the original layer of file would contain some asbestos, this situation with the mastic was not anticipated and so will cost an additional $2,800 to appropriately contain and remove the mastic. The Building Official has been involved with this and is closely following it along with the MN Health Department. Change order part 2: as the City Manager shared earlier with the city council, the contractor pulled up some file at an edge before quoting, found concrete beneath it and assumed that the entire flooring underneath the Motion by l r j wu Second by To: I: \RFA \P &R \ARENA \R -881 change order Ldocx Request for action January 10, 2011 Page 2 30 year old floor (tile and carpeting) was concrete, but during tear off discovered much of it was gyp - crete. Due to the gyp - crete, portions of the old floor topping were pulled up when the old flooring was removed creating an uneven surface which is not suitable for the installation of the new tile. The contractor recommends that a one- quarter to one -half inch coating of self - leveling latex product be applied to create a new smooth surface on which the new file would be installed. The room is 2,400 square feet and the additional cost for the contractor to purchase and install the product is $5,500. The Building Official has been consulted regarding the solution to the problem and is in agreement with it. Staff consulted with the city attorney on this entire change order and he concurs that these were unknown situations that occur during such remodeling of older facilities are not the fault of the contractor. Funding Funding was approved for this project from the Park Infrastructure Fund which is levy funded each year. The fund was established in 2001 by City Council action. There are adequate funds to pay for the increase in the project cost. Staff recommends approval of this resolution. The contractor plans to begin work to complete the project on Tuesday and the room should be available for use by the public by the end of the week of January 17. In the meantime the Dance program has remained on schedule using the former New Hope Elementary School for all classes. Attachments Resolution Change order Letter from city attorney, Steve Sondrall I: \RFA \P &R \ARENA \R -881 change order l.docx City of New Hope Resolution No. 2011- 16 Resolution approving change order no. 1 for the tile flooring project for the Ice Arena Community Room by Division 9 Tile, LLC (Improvement project #881) WHEREAS, the city has entered into a contract with Division 9 Tile, LLC for the Community Room floor tiling improvement project #881; and, WHEREAS, additional work has been determined to be needed as follows: • Asbestos abatement: $2,800. • Floor topping: $5,500. WHEREAS, staff recommends the change order from Division 9 Tile, LLC; and WHEREAS, the city of New Hope prepares a five year Capital Improvement Program (CIP) as a guiding document for equipment acquisition and improvement projects to assist with the preparation of each annual operating budget; and WHEREAS, the CIP is not formally adopted as a budget document, nor does it authorize the acquisition of the individual equipment and /or projects listed therein; and WHEREAS, the additional funds needed for this project are provided within the Parks Infrastructure Fund. NOW THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Minnesota that the City Council hereby approves Change Order No. 1 in the amount of $8,300. BE IT FURTHER RESOVED THAT the appropriation of needed funds for payment to Division 9 Tile, LLC from the Park Infrastructure Fund is authorized. Adopted by the City Council of the City of New Hope, Hennepin County, Minnesota, this 10th day of January 2011. I � Mayor Attest: City Clerk I: \RFA \P &R \ ARENA \R -881 change order Ldocx JENSEN SONDRALL & PERSELLIN, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 $ TELEFAx (763) 493 -5193 e -mail law@jspattorneys.com AMANDA M. FURTH GORDON L. JENSEN' ADAM J. KAUFMAN MELANIE P. PERSELLIN'' STEPHEN M. RINGQUIST' STEVEN A.SONDRALL 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Licensed in Illinois /Colorado 3 Qualified Neutral Mediator under Rule 114 January 5, 2011 Kirk McDonald City Manager City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Ice Arena Community Room Flooring Replacement Our File No.: 99 -10000 Dear Kirk: Writer's Direct Dial No.: (763) 201 -0211 e -mail sas@ispattorneys.com This letter will summarize yesterday's agreement with Greg Mundahl of Division 9 Tile regarding the Change Order to the flooring replacement project in the Ice Arena's community room. This agreement is of course subject to City Council approval. As we discussed in the meeting, new issues developed after the the and carpeting were removed exposing the sub - flooring. All parties believed the sub - flooring was concrete. However, the sub - flooring turned out to be gyperete. I will not go into the differences between the two. Suffice it to say the unexpected gyperete sub - flooring created two issues that resulted in additional costs not provided for in Division 9's initial quote for flooring replacement. As a result, the change order seems reasonable. We concluded in yesterday's meeting that the $2,800.00 change order amount for asbestos abatement was not caused by the work of Division 9's subcontractor when the existing carpet and tile floor were removed. This additional cost relates to the removal of the glue (mastic) remaining in the gyperete after the original tile was removed. It is my understanding that condition would not have, occurred if the sub-flooring would have been concrete -instead of gyperete. Further, this glue also contains asbestos and its removal prior to the installation of the new floor is required by the Minnesota Department of Health per state regulations dealing with this kind of asbestos. We agreed yesterday this is not the fault of Division 9 and the asbestos abatement cost included in Division 9's original bid only included disposal of the old tile floor we knew contained asbestos. Removal of the glue left behind due to the gyperete was not considered part of the original quote and as a result this additional asbestos abatement cost is warranted. It is my further understanding you have already addressed the floor topping issue due to the gyperete sub - flooring so I will not comment on that part of the change order. Please contact me if you have any additional questions or comments or this letter does not accurately reflect the issues discussed in yesterday's meeting. Very truly yours, Steven A. Sondrall PMttorney\SAS \l Client Files\2 City of New Hope \99 -10000 City Mgr \ltr K. McDonald re ice arena flooring.doc Jan uo euii ii:iumn Lana OV LaKes iiie & bton '163 Tie propose In strict accordance with plans specyleafibas end standard proposal conditions AefoMoving: SECTION: VCT Flooring Replacement - Furnish equipment, labor and material to complete the following scope of work. P. I 1. Asbestos Abatement - Add $ 2,800.00 Notifications and permit fees to MHD & WCA as applicable and posted near work areas. All work to be performed under full containment. Abatement will be done using wet methods and prompt clew-up of ACM under negative sir enclosure system, as appropriate and documented with recording Tnanometer. ACM waste will be disposed of in 2 layers of 6 mil. Poly. All ACM waste will be properly labeled and transported to an appropriate landfill Clearance samples will be analyzed by an accredited testing firm. 2. Floor Topping - Add $ 5,5ff.00 Prep existing gyperete topping to receive new topping, Provide V4" +/- cementious base topping suitable for VCT floor finish. Addthe sum of. EIGHT THOUSAND THREE HUNDRED DOLLARS: $8,300.00 Accepted By: Respectfully submitted by: a gef. Project Ma�ff Gregory hl Mr�� DaM. greg.d9tile@gmaii.com This proposal Is subject to acceptance within thirty (30) days from date and void thereafter, at the option of the contractor. January 13, 2011 Mr. Gregory Mundahl Division 9 Tile, LLC 845 Hwy. 169 North Plymouth, MN 55441 Subject: Change Order No. 1 for Community Room Floor Replacement Project For your records, enclosed is a signed copy of change order no. 1 for $8,300. As you are aware, the New Hope City Council approved this change order at its meeting of January 10, 2011. Thank you for taking the necessary steps to complete the project safely and efficiently. Sincerely, Valerie Leone, CMC City Clerk Enc. cc: Shari French Jim Corbett 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 ® www. ci.new-hope.mn.us City Hall: 763-531-5100 ® Police (non-emergency): 763-531-5170 ® Public Works: 763-592-6777 * TDD: 763-531-5109 City Hall Fax: 763-531-5136 * Police Fax: 763-531-5174 + Public Works Fax: 763-592-6776 rrom: rHxmaKer 10: 10000 - I0I00 Nage: GIG Uaie. IL /GJIGUIU I.GO.VJ r'IVI �611 R ® CERTIFIC OF LIB I LITY I S OPID KNEL DATE ( MM /DD/YYYY) 12/23/10 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 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 Liberty Insurance Agency Monticello NAME: PHONE FAX (NC, No, Ext): (AIC, No): ADDRESS: 1560 Hart Boulevard PRODUCE CUSTOMERID #: DIV - 1 Monticello MN 55362 INSURER(S) AFFORDING COVERAGE NAIC # Phone : 7 63 -2 95 -800 6 INSURED INSURERA: West Bend Mutual $10,000 Division 9 Tile LLC and Land of Lakes Stone LLC INSURERB: - INSURERC: GENERAL AGGREGATE 845 HwV 169 North - Ste C Plymouth MN 55441 INSURER PRODUCTS - COMP /OPAGG INSURER E $ INSURER F: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TOW HICH THIS CERTIFICATE MAYBE 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. LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDD/YYYY) (MMIDD/YYYY) LIMITS • GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE FX] OCCUR X Blkt Addl Insd X BC01065131 12/08/10 12/08/11 EACH OCCURRENCE $ 1,000,000 PREMISES (Ea occurrence) $ 200,000 MED EXP (Any one person) $10,000 PERSONAL &ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PRO JECT LOC PRODUCTS - COMP /OPAGG s2,000,000 $ • AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS BC01065131 12/08/1012/08/11 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) $ r $ X BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X X $ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNERIEXECUTIVEF7 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA TORY LIMITS ER E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE - $ E.L. DISEASE - POLICY LIMIT $ DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE CITYNEW I THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of New Hope 4401 Xylon Ave New Hope MN 55428 reserved. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD BerklevRl Minnesota Workers' Compensation Assigned Risk Plan Standard Workers' Compensation and Employers' Liability Policy Contract Administrator Berkley Risk Administrators Company, LLC P.O. Box 59143 Minneapolis, Minnesota 55459 -0143 N�,��';°N , a.w� Phone (612) 766 -3000 Fax (866) 215 -8118 NCCI Carrier Code 21466 CERTIFICATE OF INSURANCE 1. The Insured: WCIP Policy Number: WC- 22 -04- 211995 -00 Association File Number: 3119792 Division 9 Tile LLC dba. Land of`Lakes Stone LLC 845 Hwy 169N Plymouth, MN 55441 t Tax ID #: F 41- 1926068 ,." 'Yti1� • �> UIC #: 022825180000 Policy Period: From: 1218/2010 To: 12/8/2011 Date of Mailing: 1/6/2011 The Certificate is issued as a matter of information only and confers no rights upon the Certificate Holder. This Certificate does not amend, extend or alter the coverage afforded by the Policy listed below. This is to certify that the Policy of Insurance described herein has 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 Policy described herein is subject to all the terms, exclusions and conditions of such Policy. 't`YFI�, +��F,Iht�at�IAI�CE , ,.: ;` �i�illtSF1i411tf Coverage Part One Officer Exclude Gregory Mendahl Officer Sta te(s) Workers' Compensation Statutory MN Part Two Bodily Injury by Accident $100,000 each accident. Employers' Liability Bodily Injury by Disease $500,000 policy limit. Bodily Injury by Disease $100,000 each employee. Should any of the above described policies be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. Certificate Holder's Name and Address: City of New Hope 4401 Xylon Ave New Hope, MN 55428 All Entities /Insureds: Division 9 Tile LLC Land of Lakes Stone LLC Election Election Category Status Name Officer Exclude Gregory Mendahl Officer Exclude Michael Gardner Date Issued: 1/6/2011 Liberty Insurance Agency Inc PO Box 239 Monticello, MN 55362 Signature_ To: Kirk McDonald, City Manager Shari French, Director of Park & Rec Curtis Jacobsen, Community Development Director From: Roger Axel, Building Official Date: 2/8/08 Subject: Ice Arena Asbestos Disposal milli Enclosed are copies of documents (identified as 'A' and 'B') received from Division 9 Tile relative to the disposal of the asbestos floor file removed from the Ice Arena Community Room. No building permit or related inspections were required for this work so I have no 'official' part in the decision to issue final payment to Division 9 Tile. I was brought into the discussion after the floor the had already been removed. My involvement is purely to protect the City from any potential liabilities based on MN Statutory and Rule provisions that were not followed in the file removal process. Comparing the two disposal manifests provided by Division 9 Tile, my concerns relative to the execution of the disposal of the asbestos containing material, ACM, are: Item #1. Two (2) individuals indicated they transported the same ACM to the Spruce Ridge Landfill in Glencoe, MN (Item #4). Item #2. Indicates a fourteen (14) day difference between transportation of the same ACM. Item #3. 'A' document indicates six (6) bags of ACM while 'B' document indicates twenty (20) cubic yards of ACM was delivered to Spruce Ridge Landfill. Understandably, the 6 bags of ACM from the Ice Arena probably were included in the larger shipment of ACM but that information was not identified on the'B' document. Item #5. Signature of Faye Bruckschen on 'B' document was confirmed as receiving the Shop Box container from Waste Management (WM). Original'A' document has no signature from disposal Site Owner, which caused the 'B' document to be generated. For the record, Mr. Mundahl may make statements accusing me of being "out to get him" personally based on previous encounters with him at the home he rents in the City of New Hope. I will state that this is not the case here. Any contractor that created this same series of events that Mr. Mundahl created would be treated the same and be required to comply with the same statutory requirements. u if waste is asbestos waste,, comp>9te au sections. Manifest No. if waste is '. 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