Indiana University Agreement Between Owner and Consultant for Asbestos Consulting

Transcription

1 Indiana University Agreement Between Owner and Cnsultant fr Asbests Cnsulting This AGREEMENT is made: (Date) BETWEEN the Owner: The Trustees f Indiana University 1800 N. Range Rad Blmingtn, IN And the Cnsultant: Fr the fllwing Prject: (prject name & prject number) (insert r attach prject descriptin) The Owner and Cnsultant agree as fllws:

2 CHECK THE SERVICES TO BE PROVIDED ( ) 1. Facility Asbests Survey 2. Asbests Prject Design 3. Asbests Prject Management and Air Sampling ARTICLE 1 TERMINATION, SUSPENSION OR ABANDONMENT 1.1 In the event f the Owner terminatin, suspensin r abandnment f the prject, the Cnsultant shall be equitably cmpensated by the wner fr services perfrmed t the date f terminatin, suspensin r abandnment. 1.2 Either the Cnsultant r the Owner may terminate this Agreement with r withut cause after giving n less than seven (7) days written ntice t the ther party. 1.3 In the event f terminatin, suspensin, abandnment r cmpletin f the prject, the Cnsultant shall deliver t the Owner within seven (7) days all Prject Dcuments, whether cmplete r incmplete, nt previusly delivered t the Owner during the curse f the prject. The Owner, as the hlder f the exclusive right t any and all cpyright interest in the Prject Dcuments shall have the right t use and reuse any and all Prject Dcuments fr any purpse in cnnectin with the prject, including, but nt limited t, its cmpletin using entities ther than the Cnsultant, at the Owner s sle discretin and at n additinal cst t the Owner. ARTICLE 2 MISCELLANEOUS PROVISIONS 2.1 This agreement shall be gverned by the law f the State f Indiana. 2.2 The Owner and Cnsultant respectively bind themselves, their partners, successrs, assigns and legal representatives t this Agreement. Neither party t this Agreement shall assign the Cntract in whle r in part withut the advance written cnsent f the ther. 2.3 The Cnsultant will nt engage in, r tlerate by its emplyees, cnsultants, r agents, sexual harassment. 2.4 The Cnsultant, its agents, emplyees, r cnsultants shall nt discriminate against any persn regarding emplyment because f race, sex, religin,

3 2.5 Reimbursable Expenses a. Receipts and ther relevant recrds must be furnished fr all reimbursable csts. Credit card statements are nt acceptable recrds. b. When Cnsultant emplyees are away frm the hme ffice fr twenty-fur hurs r mre, meals will be reimbursed at the current University per diem rate. c. Mtel csts will be reimbursed at the single rm rate. Telephne calls ther than thse related t University business, frm mtels will nt be reimbursed. d. Rental car csts are nt reimbursable expenses unless apprved in advance by the Owner. The use f Ecnmy Class vehicles is recmmended. e. Airline travel csts are nt reimbursable expenses unless apprved in advance by the Owner. Apprved airline travel arrangements shall be made thrugh travel agents designated by the Owner. Cnsultants shuld travel Cach Class and shuld purchase tickets at least 14 days in advance f travel when pssible. f. There will be n reimbursement fr travel including mileage, ldging, meals r parking within the state f Indiana. g. Out f state vehicle travel will be reimbursed at the then-current University mileage rate. h. Expense f filing fees fr securing apprval frm gverning authrities will be reimbursed. i. The Owner des nt reimburse fr miscellaneus verhead expenses, including but nt limited t telefax, incidental printing and cpying, ffice supplies, cmputer discs, curiers, federal express, pstage, mail services, and lcal and lng distance telephne service charges. Fr ther miscellaneus expenses, the Cnsultant may seek apprval fr reimbursement. Apprved reimbursement f miscellaneus expenses will be at a rate f f 1.1 times the expense incurred by the Cnsultant. Printing Csts All printing fr pre-bid r Owner-required reviews ( review sets ), and renderings/presentatins shall be prduced and distributed by the apprved Indiana University Centralized Printing Vendr ( Printing Vendr ). Any expenses assciated with such drawing and specificatin printing shall be brne by Indiana University and shall nt be a reimbursable item t the Owner. Cnsultants shall

4 crdinate submissin f either paper cpies r electrnic files f the review sets t the Printing Vendr alng with instructins t the Printing Vendr fr distributin f the review sets. All printing fr prject cnstructin bid drawings, specificatins, and addenda will be prduced and distributed by the Printing Vendr. The Printing Vendr will als hst an nline web-based planrm that will list current and upcming IU cnstructin bid prjects fr infrmatin as well as bid set rdering. Cnsultants shall wrk with the Printing Vendr t crdinate the direct uplad r mailing n cnstructin dcument files/riginals. Any expenses assciated with reprts r dcumentatin abve the standard incidental printing, apprved by I.U. in advance, shall be brne by Indiana University and nt as a reimbursable item t the Owner. ARTICLE 3 INDIANA UNIVERSITY MINIMUM INSURANCE REQUIREMENTS FOR CONSTRUCTION, NON-CONSTRUCTION AND PROFESSIONAL DESIGN CONTRACTS Obligatins f Cntractrs and Cnsultants Cntractrs and Cnsultants (whether crpratin, sle prprietrship r partnership) shall prcure and maintain during the term f the cntract and until final acceptance f the cmpleted wrk under the cntract, insurance f the types f cverages and minimum limits as identified here and shall prvide the Owner with Certificate(s) f Insurance evidencing these cverages prir t beginning wrk. With the exceptin f their hld harmless bligatins, which are addressed separately belw, Cntractrs and Cnsultants shall be referred t herein as "Cntractr," irrespective f their area f expertise. It is the respnsibility f the Cntractr and Subcntractrs t becme familiar with Owner s insurance requirements and t ensure that they can meet these requirements prir t submitting a bid t perfrm the wrk. Please prvide this exhibit t yur insurance agent s the crrect certificate can be issued withut delay. N Cntractr r Subcntractr f any tier shall be n the jbsite r prceed with wrk, and shall nt be paid fr any wrk perfrmed, until prper certificate(s) f insurance have been submitted t and apprved by the Owner. All required insurance plicies shall be written by a cmpany(s) authrized t d business in Indiana. The Owner shall nt be liable t any persn fr the failure f the Cntractr r any Subcntractr t carry specified insurance.

5 It is the respnsibility f all Cntractrs t ensure that all f its Subcntractrs als meet these insurance requirements. If any part f any cverage includes a deductible, self insurance, a captive insurance cmpany r a frnting arrangement, the amunt s cvered must be disclsed n the certificate r in a separate letter frm the Cntractr. Owner reserves the right t apprve f this cverage. NOTE: Cntractr is required t meet the insurance specificatins during the time f cnstructin and during the warranty perid, usually tw years after the prject is accepted by Owner. Insurance Requirements 1. General Liability Cnstructin Cntracts Each ccurrence: $1 millin CERTIFICATE HOLDER: The Trustees f Indiana University 1800 N. Range Rad Blmingtn, In General aggregate: $2 millin Prducts and Cmpleted Operatins: $1 millin The "COMMERCIAL GENERAL LIABILITY" bx must be checked The "OCCUR" bx must be checked Per Prject bx must be checked Design/Cnsultant Cntracts Each ccurrence: $1 millin General aggregate: $2 millin The "COMMERCIAL GENERAL LIABILITY" bx must be checked The "OCCUR" bx must be checked 2. Autmbile Liability The bx(es) that is/are checked must include a check in the bx fr Any Aut r All Owned, Hired and Nn-Owned Auts

6 Cmbined Single Limit cverage: $1 millin. If separate Bdily Injury and Prperty Damage limits are purchased, each must be $1 millin. 3. Excess/Umbrella Excess cverage per se is nt required. Hwever, any f the dllar amunt requirements can be met by a cmbinatin f primary and excess cverage. Excess/umbrella cverage must be per ccurrence cverage. 4. Prfessinal Liability Any type f design r cnsulting cntract requires Prfessinal Liability cverage f at least $1 millin. Owner reserves the right t require increased limits f cverage if, in the pinin f the Owner, prject is hazardus in nature r pses a higher than usual risk. 5. Wrker s Cmpensatin The Cntractr shall prcure and maintain a Wrkers Cmpensatin plicy t cver its bligatin under the applicable laws f any state r federal gvernment t its emplyees emplyed n the jbsite r elsewhere n this prject, including its liability as an emplyer under cmmn law (cmmnly knwn as Emplyer s Liability Cverage B ) with limits f nt less than that listed belw. Befre cmmencing wrk, Cntractr shall submit t the Owner a valid State Frm (Certificate f Cmpliance Wrker s Cmpensatin and Occupatinal Diseases) r a facsimile theref at Owner s ptin. If the Cntractr has n emplyees (i.e., a ne-persn shp) then a Certificate f Exceptin must be btained frm the State. Wrker s Cmpensatin: Emplyer s Liability: Statutry $ 500,000 each accident r disease $ 500,000 plicy limit $ 500,000 each emplyee 6. Builder s Risk Insurance The Owner shall maintain during the curse f cnstructin Builder s Risk Insurance in an amunt f nt less than ne hundred percent (100%) f the insurable value f the cmpleted wrk, including materials, equipment, and supplies n the site and t becme a part f the cmpleted wrk, subject t a $25,000 deductible. The Cntractr shall bear respnsibility fr that deductible.

7 The insured shall be the Owner and the Cntractr(s) as their respective interests may appear. The Cntractr s lss, if any, is t be adjusted with and payable t the Cntractr upn written request t the Owner. The Cntractr shall be respnsible fr and shall insure, if required by the Owner, all materials, equipment, supplies nt n the site and t becme a part f the cmpleted wrk, Cntractr s equipment, tls, scafflding, staging, twers, frms and temprary buildings, and ther materials, equipment and supplies nt intended t becme a part f the cmpleted wrk. This prvisin shall nt release the Cntractr frm its bligatin t cmplete, accrding t plans and specificatins, the wrk cvered by the Cntract and the Cntractr and its Surety shall be bligated t the full perfrmance f the Cntractr s undertaking. NOTE: Prmpt ntice f ptential claims is required. In the advent f a n ccurrence that might be cvered by Builders Risk insurance, ntice must be given t the University within ne wrk day f the ccurrence. Except fr emergency repairs, n changes t damaged prperty will be made until an inspectin is made. Insurance Plicy Endrsements All insurance plicies must prvide the fllwing endrsements t the plicy and must be nted n the certificate(s): 1 1. Additinal Insured Endrsement (CG and CG2037) r equivalent frm required n General Liability, Autmbile Liability and Excess/Umbrella Liability plicies naming the Owner and/r Other Parties as defined in Owner s Cntract and including cverage fr cmpleted peratins. Owner shall be identified as: The Trustees f Indiana University, its fficers, agents and emplyees. If additinal insured status is autmatically granted by the insurance frm where required by written cntract then it is sufficient t nte that n the certificate with a reference t the frm number. This must include infrmatin abut the Excess/Umbrella cverage, e.g., Excess cverage is fllwing frm. 2. Aggregate Per Prject Endrsement (CG2503) t the General Liability Plicy indicating that the general aggregate applies separately t each prject. 3. Waiver f Subrgatin n General Liability, Autmbile Liability, and Emplyer s Liability/Wrkers Cmpensatin Plicies in favr f the Owner. 4. All insurance plicies shall be primary and nn-cntributing with respect t any insurance carried by the Owner, and shall cntain a severability f interests clause in respect t liability, prtecting each insured as thugh a separate plicy had been issued t each. 1 An addendum t the COI can be used if additinal space is needed.

8 5. All plicies shall cntain a cvenant requiring (30) days written ntice by the insurer t the Indiana University Office f Risk Management befre cancellatin, reductin r ther mdificatins f cverage fr any reasn, whenever pssible. Certificate Details Descriptin f Operatins The DOO must include the Indiana University prject name and prject number t which this cverage applies. Insurance Cmpanies All insurance carriers selected by cntractr must be rated A- r abve in the mst recent editin f the A.M. Best s Key Rating Guide. Hld Harmless Agreement Cntractr shall indemnify and save harmless the Owner frm any and all lsses, csts, damages, liability and expenses, including reasnable attrney fees ( Lsses ), arising ut f r in cnjunctin with claims r suits fr damage t any prperty nt included in the scpe f wrk and/r injury t persns, including Cntractr's emplyees and all Subcntractr's emplyees f any tier, including death, alleged r claimed t have been caused by r thrugh the perfrmance f the wrk r peratins incidental t the wrk by the Cntractr, its agents r emplyees, r by its Subcntractrs f any tier, their agents r emplyees, whether thrugh negligence r willful act; and Cntractr shall, at the request f Owner, undertake t investigate and defend any and all such claims r suits against Owner. Hld Harmless Agreement Cnsultants With regard t lsses, csts, damages, liability and expenses, including reasnable attrney fees ( Lsses ) that may be cvered by Cnsultant s prfessinal liability insurance, Cnsultant shall indemnify and save harmless the Owner frm any and all Lsses arising ut f r in cnjunctin with claims r suits fr damage t any prperty nt included in the scpe f wrk and/r injury t persns, including Cnsultant s emplyees and all emplyees f a Sub- Cnsultant, if any, f any tier, including death, caused by r thrugh the perfrmance f the wrk r peratins incidental t the wrk by the Cnsultant, its agents r emplyees, r by its Sub-Cnsultants, if any, f any tier, their agents r emplyees, whether thrugh negligence r willful act and Cnsultant. With regard t lsses, csts, damages, liability and expenses, including reasnable attrney fees ( Lsses ) that may be cvered by Cnsultant s ther liability insurance prgrams, Cnsultant shall indemnify and save harmless the Owner frm any and all lsses, csts,

9 damages, liability and expenses, including reasnable attrney fees ( Lsses ), arising ut f r in cnjunctin with claims r suits fr damage t any prperty nt included in the scpe f wrk and/r injury t persns, including Cnsultant s emplyees and all emplyees f a Sub- Cnsultant, if any, f any tier, including death, alleged r claimed t have been caused by r thrugh the perfrmance f the wrk r peratins incidental t the wrk by the Cnsultant, its agents r emplyees, r by its Sub-Cnsultants, if any, f any tier, their agents r emplyees, whether thrugh negligence r willful act and Cnsultant shall, at the request f Owner, undertake t investigate and defend any and all such claims r suits against Owner. ASBESTOS FACILITY SURVEY FOR INDIANA UNIVERSITY Scpe Of Wrk ASBESTOS BULK SURVEY The asbests bulk survey will satisfy the requirements established by the Occupatinal Safety and Health Act (OSHA) 20 CFR and the Asbests Hazard Emergency Respnse Act (AHERA) 40 CFR ξξ The purpse f the asbests bulk survey is t: (1) determine the lcatin, cnditin and quantity f accessible asbests-cntaining materials (ACM); (2) prvide an expsure ptential t ACM; and (3) reduce expsure ptential t ACM. The asbests bulk survey will be perfrmed in accrdance with 40 CFR ξξ The Cnsultant will cnduct a visual inspectin f accessible areas and physical assessment. The physical assessment will nly determine the lcatin, friability, amunt and cnditin f accessible suspect ACM. If it is apparent t the cnsultant that suspect material is likely behind walls, abve ceilings, r in chases r mechanical spaces, he will infrm the University Architect s Office immediately and nte this in his reprt as well. The University r the general cntractr may make sme penings t previusly inaccessible areas during r prir t inspectin. In such cases the cntractr will be respnsible fr cmplete inspectin f there areas. Because the scpe f wrk will include nly accessible areas, the pssibility exists that sme asbests-cntaining materials will be mitted frm the survey if they are cncealed behind walls and ceilings r have restricted access. If the material is inaccessible but visible, the Cnsultant will nte in its reprt if the material is suspect ACM. Upn request by wners, representative penings may be made t prvide access. The cst f making penings will be paid fr by the wner and perfrmed by wner s persnnel.

10 2. The Cnsultant will cllect bulk samples frm suspect material accrding t the sampling described in the AHERA, 40 CFR The bulk sampling strategy will be as fllws: A. Surfacing Material: N less than ne sample frm each hmgeneus area will be cllected n every individual flr f the building. Fr drmitries r ther similar buildings a minimum f tw samples will be cllected per hmgenus area fr each wing flr. Samples will be cllected in a randm manner that is representative f a hmgenus area as fllws: 1. At least 3 bulk samples will be cllected frm each hmgenus area that is 1,000 square feet r less. 2. At least 5 bulk samples will be cllected frm each hmgeneus area that is greater than 1,000 square feet, but is less than r equal t 5,000 square feet. 3. At least 7 bulk samples will be cllected frm each hmgeneus area that is greater than 5,000 square feet. 4. N less than ne sample frm each hmgeneus area will be cllected n every individual flr f the building. Fr drmitries r ther similar buildings a minimum f tw samples will be cllected per hmgeneus area fr each wing flr. B. Thermal Insulatin System: Samples will be cllected in randm manner that is representative f a hmgeneus area as fllws: 1. At least 6 bulk samples will be cllected frm each hmgeneus thermal institutin system, 3 frm straight run insulatin and 3 frm mud packed jints. Three samples minimum will be cllected fr each different fitting (elbw, tees, valves, etc.) 2. At least 1 bulk sample will be cllected frm each hmgeneus patched insulatin system, if the patched sectin is less than 6 linear r square feet. 3. Fr drmitries r ther similar buildings n less than three samples in every categry shall be cllected per wing (usually 2 samples per flr). 4. Bulk samples will nt be taken where the insulatin appears t be fiberglass, fam glass, rubber r ther nn-suspect ACM. C. Miscellaneus Building Material: Samples will be cllected sufficient t determine the presence f ACM. This will be accmplished by taking at least three samples per hmgeneus system r area.

11 D. Nn-Friable Suspected ACM: Samples will be cllected t determine the presence f ACM. This will be accmplished by cllecting at least three samples per hmgeneus area. E. The cnsultant will sample the fllwing materials, minimum 3 samples per hmgeneus material: basic plaster, skim plaster, decrative r acustical plaster, dry wall (nt jints), ceiling tile, ceiling tile adhesive, flr tile, flr tile mastic, basebard, basebard adhesive, stair treads, stair tread adhesive, blck r brick mrtar, windw caulk. NOTE: Rf sampling will be cnducted nly when the rf will be repaired, remved, r therwise distributed during cnstructin activities. Rf sampling will be required unless therwise specified by the architect. Cnsult with the architect prir t cllectin f samples. 3. The Cnsultant will mark n a drawing prvided by Indiana University t shw the precise lcatin f the bulk samples. The Cnsultant will take at least ne phtgraph f each hmgenus material frm which a bulk sample is cllected. 4. The Cnsultant will have the bulk samples analyzed fr asbests cntent by Plarized Light Micrscpy (PLM), which is the EPA recgnized methd fr determining bulk asbests cntent. The bulk samples will be sent t a labratry accredited t perfrm PLM analysis in accrdance with AHERA and AHERA regulatins. Fr each hmgeneus area f friable materials with a PLM result between 1% and 5% the cnsultant will btain a pint cunt. One sample in the hmgeneus area, a sample with the highest PLM result, will be pint cunted. All PLM and pint cunt results will be reprted. 5. The Cnsultant will prepare a written assessment reprt that meets all requirements f 40 CFR ξ At a minimum, the assessment reprt will include the fllwing infrmatin: analytical results f bulk samples; a descriptin f sample lcatins; and a descriptin f material cnditins. The Cnsultant will prvide ne cpy f the asbests inspectin reprt and the asbests management plan. 6. The entire asbests inspectin will be placed n database management system. 7. The cnsultant will sign ff n all future IDEM ntificatin dcuments as the fficial asbests inspectin fr that building, a building fr which they were cntracted t inspect. FEES

12 THE COST WILL BE BASED ON THE FOLLOWING: Three asbests inspectrs Asbests bulk sample analysis Digital phtgraphs will be placed int the database management system CADD drawing identifying the presence f psitive ACM and suspect ACM Database entry int the management system One hard cpy with clr prints t g t prject file Three management cpies: One t Envirnmental Health and Safety One t Owners Representative One t Designer fr Abatement Cntract TOTAL COST NOT TO EXCEED: $ ASBESTOS CERTIFICATION FOR THE STATE OF INDIANA List persnnel t be invlved and their Indiana Certificatin Numbers ASBESTOS PROJECT DESIGN FOR INDIANA UNIVERSITY ASBESTOS PROJECT DESIGN Asbests Prject Design shall include the fllwing: 1. A prject inspectr accredited by the State f Indiana and the US Envirnmental Agency.

13 2. Cnsultatin t determine the scpe f wrk. 3. On-site verificatin f materials t be abated. 4. Bid dcuments. 5. Remval specificatins and drawings. 6. Cst estimating. 7. Asbests abatement cntractr screening. 8. Managing pre-bid cntractr walk-thrugh f the abatement area(s). Tw walk-thrughs are required. 9. Review and summatin f cntractr bids. 10. Recmmendatin f cntract award. 11. Preparatin f cntracts and review f all applicatins fr payment. Prject design services als include a detailed abatement cntractr pre-screening and qualificatin prcess. Thse cntractrs wh qualify will participate in ur supervised walkthrugh f the prpsed prject area. All questins raised during the pre-bid walk-thrugh will be dcumented in the frm f an addendum t ensure all bidders are aware f any changes r interpretatins. All sealed bids will be evaluated by the Cnsultant. The bids will be categrized by base bid, alternate bid(s), unit prices, and ther cnsideratins such as insurance bnding. With this infrmatin ur recmmendatin f the successful bidder will be made. The ttal fee fr Prject Design will be determined n a fixed fee r a cst nt t exceed basis. PROJECT DESIGN FEE Fixed Fee $ r Nt t Exceed Fee $ ASBESTOS PROJECT MANAGEMENT AND AIR SAMPLING SERVICE A. The Cnsultant shall prvide prject management and sampling services including the fllwing: 1. Backgrund air sampling t establish baseline fiber levels. 2. Enfrcement f the State f Indiana Asbests Abatement Regulatins.

14 3. Enfrcement f the US Envirnmental Prtectin Agency and the Occupatinal Safety and Health Administratin regulatins. 4. Enfrcement f cntract specificatins. 5. On-site bservatin f all abatement activities. 6. Meetings will the abatement cntractr and wner. 7. PCM air sampling will be utilized 8. Cnduct air sampling in accrdance with the Natinal Institute f Occupatinal Safety and Health (NIOSH) Standard Analytical Methd fr Asbests in Air, Methd Fllw air-sampling schedule as utlined in the specificatins. Include persnal, area inside, and area utside samples. 10. Perfrm final visual inspectin t verify that all specified asbests cntaining material has been remved prir t final clearance air sampling. 11. Perfrm final clearance air sampling in all remval areas. 12. Written results f all air samples taken fr the duratin f the abatement prject will be submitted t the wner upn cmpletin f the prject. 13. Final reprt dcumenting the cmpletin f the prject. 14. Each cnsulting Prject Manager will dcument all pre-abatement, abatement and pst-abatement activities f the cntractr. 15. Prvide detailed checklists and prject shift lngs t ensure that the abatement prject is supervised cntinuusly. 16. Wrk will be perfrmed 8:00 am t 5:00 pm, Mnday thrugh Friday unless therwise agreed 17. Asbests Abatement Cntractr may wrk duble shifts, weekends, evenings, and hlidays. FEE FOR ASBESTOS PROJECT MANAGEMENT AND AIR SAMPLING Fixed Fee $ r Nt t Exceed Fee $ This Agreement entered int as f the day and year first written abve. OWNER (Signature) CONSULTANT (Signature)

15 Jy Stephens, Purchasing Agent (Printed name, title and address) Capital Prjects Business Office (Printed name, title and address) 1800 N. Range Rad Blmingtn, IN 47408

16 CONSULTANT ASBESTOS CERTIFICATION TO: INDIANA UNIVERSITY The Cnsultant certifies that: Adequate research and review f prduct infrmatin will be undertaken and, t the best f my knwledge, n asbests cntaining materials will be specified fr the prject indicated belw. Asbests cntaining materials include any building material with markings n the packaging r material itself with the fllwing r similar wrding: "May cntain mineral fibers", riginating frm Canada. IU Prject Name and Number: Cnsultant Firm: Cnsultant f Recrd- Name: Cnsultant f Recrd- Signature: Date