Section 12-3-20-400.4 - THE POLICY (amended April 2009 Scruggs to AG)
THE POLICY
Where Asbestos Containing Materials [ACM] must be removed, the following guidelines and procedures have been developed to manage this process:
ACM Guidelines |
* Asbestos Certification |
* Schedule |
* Asbestos Abatement Phases |
* Inspection/Sampling Testing Phase |
* Abatement Document Phase |
* Bidding Phase |
* Abatement Phase |
* Professional Consulting Services |
A.ASBESTOS CERTIFICATION1. The Professional is to secure the services of asbestos specialist(s) who possesses current Project Designer and/or Project Inspector certificate(s) issued by the Mississippi Department of Environmental Quality's Office of Pollution Control.2. A copy of each Certificate will be attached to a comprehensive report submitted by the Professional to the Owner defining the ACM present, its type, location and approximate quantity. 3. If the Professional has an asbestos specialist on staff who possesses proper certification, the asbestos testing can be performed in house.B.SCHEDULE1. Upon execution of the Standard Form of Agreement Between the Owner and the Professional, the Professional will submit a Schedule of Performance for approval by the Bureau Staff. This Schedule will include allowances for time required by the Bureau and Using Agency for review and approval of the submissions. When the Schedule has been approved by the Bureau, it will not, except for reasonable cause, be exceeded by the Professional.C.ASBESTOS ABATEMENT PHASES1. Inspection/Sampling/TestingD.INSPECTION/SAMPLING/TESTING PHASE1. The Professional will consult with the Owner to ascertain the applicable requirements of the Project.2. The Professional shall perform a complete inspection of the Project to determine: c. Quantities of Asbestos3. The Professional will secure the services of a testing laboratory qualified by the National Institute of Safety and Health [NIOSH] to conduct tests. Services should include: 4. The Professional, if qualified as a NIOSH laboratory, may conduct the asbestos sampling, analysis and reporting.5. The Owner will reimburse the Professional for the testing required by this phase.6. Four (4) copies of the comprehensive written report will be submitted to the Owner. Documents should include: b. Testing Laboratory Reports7. The Professional will prepare and submit an estimate of the Project's total cost. The estimate should include: a. Costs associated with removal of ACMb. Costs associated with disposal of ACMc. Replacement of any finishes or materials disturbed during the removal process8. The Professional will show progress to date and confirm the remainder of the Schedule.9. The Bureau must give written approval of the Inspection/Sampling/Testing Phase before the Professional proceeds with the next phase.E.ABATEMENT DOCUMENT PHASE1. (removed 7/9/09 per AG notification)2. The Professional will prepare and submit four (4) copies of Working drawings and specifications for approval. Two (2) copies will be delivered to the Bureau and two (2) copies will be delivered to the Using Agency. The drawings and specifications should detail and prescribe: a. The Work to be accomplished.b. Protective measures in accordance with EPA guidelines.c. Procedures for shutting down mechanical and electrical systems.d. Phasing of Work, if required.e. Outlining responsibilities for cleaning.f. Outlining responsibilities for removing loose equipment.3. After receiving a reviewed copy of the Abatement Documents from the Owner, the Professional will review and revise the documents. When the final revised copies are ready for distribution two (2) copies will be given to the Owner and two (2) copies to the Using Agency prior to release of documents for bids.4. The Professional will provide complete sets of plans, specifications, and other bidding documents for bidding purposes.a. The Professional will be reimbursed for printing the bid documents by the Owner, with cost approval prior to printing.b. Costs of all plans and specifications, other than for bidding, will be at the Professional's expense.5. The Professional will prepare and submit to the Owner a detailed construction cost analysis based on a quantity survey. The estimate will show an escalation projected from the date of the estimate to the projected bid date.6. The Professional will agree that approval of the drawings and specifications by any person, body, or agency will not relieve him of the responsibility for the adequacy, fitness, suitability, correctness of design, and designing the Work in accordance with sound and accepted practices and in compliance with prevailing building codes, federal and state laws and regulations regarding asbestos abatement.F.BIDDING PHASE1. Following the Owner's approval of the Abatement Document Phase, the Professional will assist the Owner in: c. Preparing Construction Contracts2. The Professional will attend the bid opening and furnish a bid tabulation sheet in accordance with the Bureau's format. [See Appendix 400.]3. Immediately after receipt of bids, the Professional will submit to the Owner a certified tabulation of all bids received accompanied by a recommendation as to the award of Contract.4. Following the award of Contract, the Professional will prepare four (4) copies of updated construction documents (specifications) and four (4) copies of reduced plans. Each copy will be marked OFFICIAL CONTRACT DOCUMENTS and will include: a. Executed Bid Proposal Form (Photocopy is acceptable)b. Agreement Form (With original signatures)c. Contract Bond (With original signatures)d. Power of Attorney (No riders)e. Insurance Certificates (Completed with no alterations)f. Bulletins, addenda, and supplemental drawings5. Reduced copies will be distributed as follows:a. Owner - two (2) copies.b. Contractor - one (1) copy.c. Professional - one (1) copy.d. Owner's Representative - one (1) copy.6. The Professional will provide the Attorney General's Special Counsel any information required after the award of Contract.G.ABATEMENT PHASE1. The Professional's relationship to the General Contractor is outlined in the General Conditions of the Contract between the Owner and the Contractor and is modified by any Supplementary Conditions.2. The Professional will perform the following services during the Construction Phase: a. Complete administration of all construction Contractsb. Issue certificates for paymentc. Examine and approve shop drawings and correct shop drawings when necessary for conformance with the design intentd. Make revisions, corrections, or clarifications in the Contract Documents by bulletins or change orders, together with all correspondence and clerical work in connection with bulletins and change orderse. Provide sufficient on-site investigation to substantiate any of the abovef. Accept the completed Project, together with such certificates, manuals, and guarantees as provided in the Contract Documents3. The Professional will collect, maintain and house weekly payrolls from all Contractors and Subcontractors for compliance with the labor standard provisions in the Contract.4. The Professional will be responsible for conducting field inspections as needed. a. The Professional will maintain a log of all visits to the site by the Consultants and the Professional's firmb. This log will be submitted once a month to the Owner apprising the Owner of the progress and condition of the Work5. The Professional will be the interpreter of the requirements of the Contract Documents and judge of the performance thereunder of the Contractor.6. The Professional will not issue any verbal or written orders for omissions from, additions to, or changes in the Construction Contract until approved in writing by the Owner.7. The Professional will determine the amounts owed to the Contractor based on inspections at the site and evaluations of the Contractor's applications for payment.8. The Professional will recommend, for the Owner's approval, the issuance of certificates for payment in such amounts as provided in the Contract Documents.9. The issuance of certificates for payment will not be a representation that the Professional has made any examination to ascertain how and for what purpose the Contractor has used the monies paid on account of the Contract sum, other than to secure certification under oath that all Materialmen, Laborers, and Subcontractors have been paid by the Contractor.10. Daily air monitoring and final air clearance testing will be included in the Contractor's responsibility in the Abatement Documents.a. The Contractor will select, supervise and pay for all job air monitoringb. If for any reason, this is omitted from the Contractor's responsibility, the Professional will provide the air monitoring services without additional cost to the Owner11. If the Asbestos Hazard Emergency Response Act [AHERA] regulations require a final air clearance test by an independent testing laboratory not associated with the Contractor, the Professional will obtain that final test and the Owner will reimburse the Professional directly for the expense of obtaining these services, provided the selection and costs are preapproved by the Owner in writing.12. The Professional and Consultants will conduct a semi-final inspection when the Work has been completed.a. When these items have been corrected by the Contractor, the Professional, Consultants and Bureau Staff Inspector will conduct a final inspection.13. Upon completion of the Project, the Professional will provide the Owner with two (2) sets of record documents which include:a. Changes caused by Addendad. Observed changes by the Professional, Contractor, or Subcontractors14. The Professional will provide the Attorney General's Special Counsel any information required at the end of the Contract.15. During the Warranty period, the Professional will Work with the Owner's Representative to secure remedies of defects that become apparent.a. The Professional will make, along with the Owner's Representative, a Warranty inspection prior to the expiration of the Warranty period and report observed discrepancies to the Contractor for correctionH.PROFESSIONAL CONSULTING SERVICES1. If the Professional renders basically abatement services, all plans, specifications, detailed drawings and miscellaneous services required for architectural or engineering Work will be accomplished by the Professional at no additional cost to the Owner.12 Miss. Code. R. 3-20-400.4