Mississippi Administrative Code
Title 12 - Finance and Administration
Part 3 - Bureau of Building, Grounds and Real Property Management
Chapter 2 - Rules for the Bureau of Building, Grounds and Real Property Management
Rule 12-3-2.1 - Policies and Procedures
Section 12-3-2.1-400 - CODES AND POLICIES
Section 12-3-2.1-400.4 - ASBESTOS ABATEMENT POLICY

1. 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.

1. 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.

1. Inspection/Sampling/Testing

2. Abatement Document

3. Bidding

4. Abatement

1. 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:

3. 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:

7. The Professional will prepare and submit an estimate of the Project's total cost. The estimate should include:

8. 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.

1. (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:

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.

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.

1. Following the Owner's approval of the Abatement Document Phase, the Professional will assist the Owner in:

2. 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:

5. Reduced copies will be distributed as follows:

6. The Professional will provide the Attorney General's Special Counsel any information required after the award of Contract.

1. 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:

3. 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.

5. 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.

11. 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.

13. Upon completion of the Project, the Professional will provide the Owner with two (2) sets of record documents which include:

14. 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.

1. 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.