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80A - JOINT WORK CENTER MOU
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Last modified
4/28/2022 11:33:23 AM
Creation date
5/2/2019 6:11:42 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Community Development
Item #
80A
Date
5/7/2019
Destruction Year
2024
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EXHIBIT 3 <br />EXHIBIT B — OUTLINE SPECIFICATIONS <br />DIVISION 1 <br />prevent exposure above the permissible level, the Lessor shall provide comparable <br />accommodating space at no cost to the State. In addition, the Lessor shall pay for all <br />costs associated with this move including (but not limited) to: administrative, furniture, <br />communications contracts and equipment costs. <br />4. In the event that after written notice Is provided by the State, the Lessor fails, refuses, <br />or neglects to diligently pursue abatement of any hazardous material, the State may <br />affect such abatement. The State may deduct all reasonable costs of such abatement <br />of hazardous materials from the rent. <br />5. The Lessor shall indemnify, defend, and hold the state of California, its officers, and <br />employees harmless from and against any and all losses, damages, judgments, <br />expenses (including court costs and reasonable attorney fees), or claims whatsoever, <br />arising out of, or in any way connected with or related to, directly or indirectly, the <br />presence of hazardous materials within the State -leased space or the building in <br />which the leased premises are located. <br />B. Asbestos: <br />1. For buildings constructed prior to January 1, 1979, the Lessor shall provide the State <br />with a current written asbestos survey of the areas listed in Section 1.8. A.1. An <br />independent California Division of Occupational Safety and Health (CalOSHA) <br />Certified Asbestos Consultant shall complete the survey. <br />2. For buildings constructed after December 31,1978, and prior to any tenant <br />improvements or major repairs, the Lessor and Lessor's construction contractor are <br />responsible for sampling any suspected asbestos -containing material (ACM) to be <br />disturbed during the project. Where ACM is suspected to be present, the Lessor shall <br />provide the State with a written asbestos survey covering all materials to be disturbed <br />during the project; the survey shall be performed by an independent Lessor -contracted <br />consultant. <br />3. Where ACM or suspect ACM has been identified by survey, the Lessor shall provide <br />the State with a copy of a written Operations and Maintenance (O&M) plan. This O&M <br />plan must be effective In minimizing damage or disturbance of any ACM or suspect <br />ACM and provide for quick repairs of the same. <br />4. If damaged ACM or suspect ACM is found, or the physical condition of AGM indicates <br />possible fiber release, a response action in accordance with the approved O&M plan <br />shall be conducted. The approved O&M plan shall include provisions for air sampling <br />by an independent Certified Industrial Hygienist during and at the completion of all <br />response actions. Analysis of air samples shall be conducted utilizing Transmission <br />Electron Microscopy (TEM). The standard for reoccupancy of an affected area shall be <br />concentrations at or below 70 asbestos structures per millimeter squared <br />(structures/mm2). <br />5. Lessor shall perform asbestos notification as required by Chapter 10.4 of the Health <br />and Safety Code. Any abatement work shall be performed by a licensed contractor <br />with asbestos certification (ASB). The State reserves the right to establish consultant <br />oversight of any asbestos -related work program at its expense. <br />12 <br />Rev. March 2919 <br />80A-622 <br />
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