DEPARTMENT
Wastewater Enterprise
AGENDA NO.
7 MEETING DATE
February 13, 2024
AGENDA ITEM
Public Utilities Commission
City and County of San Francisco
Award Agreement with SFUSD: Regular Calendar
Project Manager: Sarah Bloom
Approve Umbrella Memorandum of Understanding for Installation, Operation, and Maintenance of Green Infrastructure
Summary of
Proposed
Commission Action:
Approve the Umbrella Memorandum of Understanding (Agreement) between San Francisco Public Utilities Commission (SFPUC) and the San Francisco Unified School District (SFUSD), with a duration of 40 years which establishes the partnership framework for the SFPUC’s installation and operation of various green infrastructure projects on SFUSD properties, subject to the approval by the San Francisco Board of Supervisors and the San Francisco Board of Education.
Background: The SFPUC has a long-term vision to manage one billion gal lons of stormwater eac h year using green infrastructure by 2050. To reach that goal, the SFPUC must work with large landowners across the city to manage stormwater. SFUSD owns over 400 acres of land in San Francisco, with an average of 75 % impermeable surfac es. Building green infrastructure on school properties offers the SFPUC access to highly impervious parcels for cost- effective stormwater management, provides SFUSD with schoolyard improvements that improve children’s access to nature, and benefits all San Franciscans by creating a more resilient city.
This Agreement provides for the SFPUC’s consultation and cooperation with SFUSD to facilitate the SFPUC’s planning, design, and construction of various green infrastructure projects on S FUSD property. The Agreement is a commitment by the SFPUC and SFUSD to work cooperatively and in good faith to deliver green infrastructure projects that benefit San Francisco ratepayers and students. Under the Agreement, the SFPUC will directly hire contractors to install the green infrastruc ture, and a fter comp letion the SFPUC will be
responsible for operating and maintaining the green infrastructure , while SFUSD must operate and maintain any non- green infrastructure that was installed along with the green infrastructure.
The Agreement establishes the g eneral pa rtnership framework by which the green infrastructure projects will be delivered, including definition of the overall objectives and roles and responsibilities for SFPUC and SFUSD. The Agreement is 40 years in length to cover 10 years of project initiation and 30 years of operation and maintenance Agreement: Umbrella MOU for Installation, Operation, and Maintenance of Green Infrastructure Commission Meeting Date: February 13, 2024
Page: 2
of each green infrastructure project. The Agreement outlines cost responsibilities, required regulatory approvals, contracting requirements for the City and SFUSD, asset acceptance procedures for green infrastructure and other improvements, and damages or defaults throughout the 40 year Agreement.
Under the terms of the Agreement, individual projects will be initiated as site agreements between the SFPUC and SFUSD (a template for the site agreements with neg otiated terms is attached as Appendix A to the Agreement), each of which will be approved by the SFPUC Commission and SFUSD Board of Education under the authority of this umbrella Agreement. Each site agreement will specify the project scope, schedule and budget, along with a site -specific operations and maintenance plan.
The Agreement will require Board of Supervisors approval under Charter Section 9.118. The term of the Agreement will be 40 ye ars unless earlier term inated or the Parties agree to extend t he t erm, subject to approval by the Board of Supervisors.
Description of
Agreement:
The Agreement will allow the SFPUC to design, construct, operate and maintain green infrastructure projects on SFUSD properties.
Parties to Agreement: San Francisco Unifie d School District, San Francisco Public Utilities Commission
Purpose: Installation, Operation, and Maintenance of
Green Infrastructure Projects
Location: Various, City and County of San Francisco
Commencement
Date:
Anticipated June 2024
Result of Inaction: A delay in authorizing this Agreement will prevent SFPUC from constructing planned and future green infrastructure projects on SFUSD property.
Budget & Costs: There is no estimated cost of services for authorizati on of this Umbrella Agreement . Funds for individual S ite Agreements (Projects) will be made available in the Wastewater Capital Budget and approved on an individual basis.
Schedule: Services are anticipated to begi n in June 2024 with projects initiated for the first 10 years (Jun e 2024 to June 2034). Agreement will run until June 2064. The total duration of this agreement is 40 years.
Environmental
Review:
Execution of this Agreement does not constitute a proje ct under the California Environmental Quality Act (CEQA) Guideline s section s 15378(b)(4) and ( 5) because th is Agreement entails government funding mechanisms and administrative activities, neither of which Agreement: Umbrella MOU for Installation, Operation, and Maintenance of Green Infrastructure Commission Meeting Date: February 13, 2024
Page: 3
involve a commitment to a specific project that ma y result in direct or indirect physical changes in the environment or potentially significant impacts on the environment.
The SFPUC will consider approval of projects to be funded through this Agreement after completion of any environmental review required by CEQA and Administrative Code Chapter 31 and any certification required by Proposition E (approved by the voters in 2002 for water and wastewater projects).
Recommendation: SFPUC staff recommends that the Commission adopt the attached resolution.
Attachments: Final Umbrella MOU for Green Infrastructure Exhibit A-1 Site Agreement
Exhibit A-2 Form of Operations and Maintenance Plan
Exhibit B-1 Green Infrastructure Maintenance Guidelines Exhibit B-2 SFUSD Landscape Maintenance Calculator
Exhibit C City Form of Construction Contract
Exhibit D District Special Conditions
PUBLIC UTILITIES COMMISSION
City and County of San Francisco
RESOLUTION NO.
WHEREAS, Green infrastruc ture protects and enhances the function of the City a nd County of San Francisco’s combined sewer system by reducing the volume and rate of stormwater run-off into the system; and
WHEREAS, The San Francisco Public Utilities Commission (SFPUC) has a multi- faceted program to maximize the detention and retentio n of stormwater, including through green infrastructure; and
WHEREAS, The SFPUC and the San Francisco Unified School District (SFUSD) seek to enter into an agreement (Agreement) to memorialize the cooperation between the parties for the SFPUC to design, construct, and operate green infrastructure assets on SFUSD property; and WHEREAS, Individual projects will be initiated as site agreements under the umbrella Agreement (a template for the site agreements with negotiated terms is attached as Appendix A to the Agreement), each of which will be approved by this Commission and the SFUSD Board of Education as separate contracts subject to the authority of this umbrella Agreement; and WHEREAS, There is no estim ated cost of services for authorization of this Agreement, and funds for projects under individual site agreements will be made available in the Wastewater Capital Budget and approved on an individual basis; and WHEREAS, Services are anticipated to begin i n June 2024 and end in June 2064 and the total duration of this agreement is 40 years; and
WHEREAS, Execution of this Agreem ent d oes not constitute a project under the California Environmental Quality Act (CEQA) Guidelines sections 15378(b)(4) and ( 5) because this Agreement entails government funding mechanisms and administrative activities, neither of which involve a commitmen t to a specific project that may result in direct or indirect physical changes in the environment or potentially significant impacts on the environment; and WHEREAS, The SFPUC will consider approval of projects to be funded through this Agreement after completion of any environmental review required by CEQA and Administrative Code Chapter 31 and any certification required by Proposition E (approved by the voters in 2002 for water and wastewater projects); now, therefore, be it
RESOLVED, That, subject to the approval of the Board of Supervisors under Charter Section 9.118, this Commission hereby approves the Agreement between the SFPUC and SFUSD as an umbrella document that will govern the terms of the SFPUC’s anticipated design, delivery, and operation of subsequent green infrastructure projects on SFUSD propert y, with no contract amount and with a total duration of 40 years.
I hereby certify that the foregoing resolution was adopted by the Public Utilities Commission at its meeting of February 13, 2023.
Secretary, Public Utilities Commission
SAN FRANCISCO PUBLIC UTILITIES COMMISSION
SAN FRANCISCO UNIFIED SCHOOL DISTRICT
UMBRELLA MEMORANDUM OF UNDERSTANDING
FOR INSTALLATION, OPERATION, AND MAINTENANCE OF
GREEN INFRASTRUCTURE
between
the CITY AND COUNTY OF SAN FRANCISCO,
by and through its
PUBLIC UTILITIES COMMISSION,
and
the SAN FRANCISCO UNIFIED SCHOOL DISTRICT
in San Francisco, California
Effective as of ________________, 2024
TABLE OF CONTENTS
Page
2 ARTICLE 1 DEFINITIONS 2
ARTICLE 2 PURPOSE; BASIC UMBRELLA MOU INFORMATION;
PERMITTED USE, RESTRICTIONS AND LIMITATIONS 7
ARTICLE 3 TERM 10
ARTICLE 4 COMPLIANCE WITH LAWS; LICENSING 11
ARTICLE 5 SITE EVALUATION, SELECTION, PLANNING, AND DESIGN 14 ARTICLE 6 PRE- CONSTRUCTION REGULATORY APPROVALS 17
ARTICLE 7 BID AND AWARD; CONSTRUCTION CONTRACT
RESPONSIBILITIES 18
ARTICLE 8 SUBSTANTIAL COMPLETION OF PROJECT AND DISTRICT ACCEPTANCE 20
ARTICLE 9 POST CONSTRUCTION OPERATION AND MAINTENANCE 21 ARTICLE 10 DAMAGE OR DESTRUCTION 22
ARTICLE 11 [RESERVED] 24
ARTICLE 12 DEFAULTS 24
ARTICLE 13 INSURANCE AND BONDS 25
ARTICLE 14 INDEMNITY 25
ARTICLE 15 LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES 26 ARTICLE 16 SURRENDER 26
ARTICLE 17 HAZARDOUS MATERIALS 27
ARTICLE 18 GENERAL PROVISIONS 27
EXHIBIT A-1 Form of Site Agreement
EXHIBIT A-2 Form of Site-Specific Operations and Maintenance Plan EXHIBIT B-1 Green Infrastructure Improvements Maintenance Guidelines EXHIBIT B-2 District’s Maintenance Level of Service
EXHIBIT C Form Construction Contract (city)
EXHIBIT D District General and Special Conditions
3 BASIC UMBRELLA MOU INFORMATION
(Capitalized terms defined in Article 1)
This Basic Umbrella Memorandum of Understanding (MOU) Information is intended to summarize certain provisions of the Umbrella MOU and Site Agreements and is for the Parties’ reference only. If any information in the Basic Umbrella MOU Information conflicts with any more specific provision of this Umbrella MOU or any Site Agreement issued under it, the more specific provision will control. Capitalized terms are defined below in Article 1 [Definitions].
District: San Francisco Unified School District
SFPUC: San Francisco Public Utilities Commission
City City and County of San Francisco
Term Commencing on the Effective Date and lasting
until the Expiration Date.
Effective Date: [DATE]
Expiration Date:
The earlier of (a) the day before the fortieth
(40th) anniversary of the Effective Date or (b)
the date of expiration or termination of the last
unexpired and unterminated Site Agreement.
Extension Option: One (1) additional term of ten (10) years, if agreed to by the Part ies pursuant to the
procedures set forth in Section 3.3 [Option to
Extend Umbrella MOU] below.
City’s Permitted Use:
Uses of a Project Site permitted pursuant to an
applicable Site Agreement, which may
generally include the installation, operation,
use, maintenance, and repair of Green
Infrastructure, together with improvements
reasonably necessary to restore or re-purpose
areas impacted by Project construction.
Green Infrastructure Improvements:
Physical or landscape -based interventions
installed on a Project Site pursuant to an
applicable Site Agreement and designed to
protect and enhance the function of City’s
combined sewer system by reducing the volume
and rate of stormwater run-off into the system.
4 SFPUC Notice Address:
San Francisco Public Utilities Commission
525 Golden Gate Ave, 13th Floor
San Francisco, CA 94102
Attn: General Manager
Re: SFUSD Umbrella MOU
With a copy to:
San Francisco Public Utilities Commission
Wastewater Enterprise
525 Golden Gate Ave, 11th Floor
San Francisco, CA 94102
Attn: Urban Watershed Planning Division
Manager
Re: SFUSD Umbrella MOU
With a copy to:
Office of the City Attorney
City and County of San Francisco
Room 234, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4682
Attn: PUC Team
Re: SFUSD Umbrella MOU
Telephone No.: (415) 554-2700
SFPUC Project Manager and Key Day-
to-Day contact for the SFPUC:
Mary Tienken
Project Manager, Project Management Division
Telephone No.: (415) 554-2482
SFPUC Operations and Maintenance
Contact:
Sarah Bloom
Senior Watershed Planner
Telephone No.(415) 238-5233
[email protected]
District Notice Address:
San Francisco Unified School District
Facilities Department
135 Van Ness Avenue, 2nd Floor
San Francisco, CA 94102
Attn: Associate Superintendent of Operations
Re: SFPUC Umbrella MOU
With a copy to:
San Francisco Unified School District
Legal Department
555 Franklin Street
San Francisco, CA 94102
Attn: Facilities General Counsel
Re: SFPUC Umbrella MOU
District Key Contact:
Licinia Iberri
Bond Program Director
Telephone No.: (415) 439-9271
5 District Project Representative:
[DISTRICT PM NAME]
[DISTRICT PM TITLE]
Email Address:
Telephone No.: _________________
District On -call and Emergency
Contact:
Cadi Poile
Executive Director, Facilities Services
Telephone No.: (415)319-3334
1 UMBRELLA MEMORANDUM OF UNDERSTANDING FOR
INSTALLATION, OPERATION, AND MAINTENANCE
OF GREEN INFRASTRUCTURE IMPROVEMENTS
THIS UMBRELLA MEMORANDUM OF UNDERSTANDING FOR
INSTALLATION, OPERATION, AND MAINTENANCE OF GREEN INFRASTRUCTURE (this “Umbrella MOU”), dated for reference purposes as of ___________, 2024, is made by and between the SAN FRANCISCO UNIFIED SCHOOL DISTRICT, a California public school district (“ District”), and the CITY AND COUNTY OF SAN FRANCISCO , a municipal corporation and charter city organized and existing under the laws of the State of California (“City”), acting by and through its Public Utilities Commission (“SFPUC”). The District and City may be referred to in this Umbrella MOU as a “Party” or collectively as the “Parties.”
RECITALS
This Umbrella MOU is made with reference to the following facts and objectives:
A. The SFPUC has instituted a multi -faceted program to maximize the detention and retention of stormwater, including by installing and operating green infrastructure (“Green Infrastructure”). The installation and operation of Green Infrastructure protect and enhance the function of City’s combined sewer system by reducing the volume and rate of stormwater run-off into the system and promoting groundwater recharge. SFPUC is a leader in the development of green approaches to control urban stormwater. The SFPUC requires suitable property to operate its stormwater management program.
B. The District owns and operates its extensive real property portfolio of school sites (each, a “Site” and collectively, “Sites”) in San Francisco, California, some of which are suitable for Green Infrastructure. District acknowledges that Green Infrastructure may enhance the recreational experience of schoolyards with shade and landscaping, as well as the District’s students’ understanding of stormwater management and the District’s efforts to be resilient in the face of climate change.
C. The Parti es desire to enter into this Umbrella MOU to allow the SFPUC to use Sites approved by the District (each, a “ Project Site,” and collectively, “ Project Sites”) to manage stormwater. To that end, City desires to make certain capital improvements, including installing Green Infrastructure and other site improvements (“Green Infrastructure Project”).
D. The development, use, and maintenance of the Project Sites for the Green Infrastructure Project and the fulfillment generally of this Umbrella MOU are in the vita l and best interests of City’s residents, promote their health, safety, and welfare, and are in accordance with the public purposes and provisions of all applicable Laws.
E. On ___________, 2022, by Resolution No. ________, the SFPUC’s Commission approved the SFPUC Wastewater Enterprise Ten-Year Capital Improvement Program and authorized the SFPUC General Manager or his or her designee to enter into this Umbrella MOU with the District and subsequent Site Agreements in a manner consistent with all applicable Laws.
F. On ___________, 2024, by Resolution No. ________, City’s Board of Supervisors authorized City, through the SFPUC, to enter into this Umbrella MOU and subsequent individual Site Agreement(s) and Site Operations and Maintenance Agreement(s) with the
2 District in substantially the forms on file with the Clerk of the Board of Supervisors in File No.________ on ______, 2024; on [date], the Mayor approved Board Resolution No.____________ .
G. On ___________, 2024, by Resolution No. ________, the San Francisco Bo ard of Education approved this Umbrella MOU and authorized the District’s Superintendent and/or his or her designee to enter into this Umbrella MOU and to subsequently seek approval from the Board of Education for individual Site Agreement(s) and Site Operations and Maintenance Agreement(s) and with City through its SFPUC.
H. The Parties now desire to enter into this Umbrella MOU to set forth their understandings a
nd agreements relating to a framework for installing and operating Green Infrastructure on Project Sites.
AGREEMENT
NOW, THEREFORE, City, through the SFPUC, and the District agree as follows:
Article 1
DEFINITIONS
Unless the context otherwise requires, the following capitalized terms (whether singular or plural) shall have the meanings set forth below:
1.1 “35% Design” means that phase in the design process of each proposed Green Infrastructure Project when the design team has defined the major design elements of the proposed Project and refined, narrowed, or focused its scope, schedule, and budget. At 35% Design, the scope of a proposed Project is determined.
1.2 “65% Design” means that phase in the design process of each proposed Green Infrastructure Project when the design team has developed plans and specifications of the proposed Project in sufficient detail to fully coordinate the major scope elements.
1.3 “95% Design” means that phase in the design process of each proposed Green Infrastructure Project when the project design, including plans and specifications, is deemed completed although still subject to review comments by applicable governmental permitting agencies (if any).
1.4 “AAR” means an “Alternatives Analysis Report” to be prepared in connection with the design of each proposed Green Infrastructure Project to identify the preferred alternative(s) that best meet(s) the objectives of the proposed Project.
1.5 “ADA” means the Americans with Disabilities Act of 1990 (42 U.S.C. §§ 12101, et seq.), as it may be amended from time to time.
1.6 “Agents” when used with respect to each Party means the agents, employees, officers, contractors, subcontractors and representatives of the Party in relation to this Umbrella MOU and the Project Sites.
3 1.7 “Approved Plans” means the final plans and specifications for a proposed Green Infrastructure Project that are finally approved pursuant to the process described below in Article 5 [Site Evaluation, Selection, Planning, and Design].
1.8 “Approved Schedule” means the schedule contained in, or developed pursuant to, a Site Agreement that sets forth the sequencing and staging of all construction activities on the Project Site.
1.9 “Basic Umbrella MOU Information” means the summary attached in chart form immediately preceding the text of this Umbrella MOU
1.10 “Bond Project” means a project managed by the District.
1.11 “CER” means a Conceptual Engineering Report to be prepared in connection with the design of each proposed Green Infrastructure Project.
1.12 “CDE” means California Department of Education, an agency of the State of California
1.13 “Claims” means any and all demands, claims, legal or administrative proceedings, losses, costs, penalties, fines, liens, judgments, damages, and liabilities of any kind.
1.14 “City” means the City and County of San Francisco, a municipal corporation.
1.15 “Commission” means the SFPUC’s governing Commission.
1.16 “Contractor” means each general contractor and/or individual contractor(s) retained by City pursuant to a Construction Contract to install and construct all or a portion of the approved Green Infrastructure Project contemplated by a corresponding Site Agreement.
1.17 “Construction Contract ” means a contract entered into between City and a Contractor that provides for installing and constructing all or a portion of a Green Infrastructure Project contemplated in a Site Agreement.
1.18 “Default” has the meaning assigned to such term in Section 12.1 [Events of Default] below.
1.19 “District” means the San Francisco Unified School District, a California public school district.
1.20 “District Associate Superintendent of Operations or designee” means the individual engaged by the District who is responsible for the planning, direction, and management of the operations of the District’s Facilities Services Department.
1.21 “District Project Representative” means one or more Agents designed by the District to represent its interests in the assessment, design, construction, monitoring, and maintenance activities in connect ion with Green Infrastructure installed pursuant to a Site Agreement.
1.22 “DSA” means the Division of the State Architect, an agency of the State of California
4 1.23 “Effective Date ” means [DATE], this agreement will not be effective until District’s Board of Education has approved it.
1.24 “Environmental Laws ” means any Law relating to industrial hygiene, environmental conditions, or the handling, use, storage, disposal, or remediation or clean- up of Hazardous Materials.
1.25 “Expiration Date ” means the earlier of (a) the day before the fortieth (40th) anniversary of the Effective Date or (b) the date of expiration or termination of the last unexpired and unterminated Site Agreement.
1.26 “Final Completion” means, with respect to a Green Infrastructure Project and any associated Non-Project Improvements, that the installation and construction of such Project and associated Non-Project Improvements are final and complete.
1.27 “Green Infrastructure” means all stormwater management components owned and maintained by City and/or the SFPUC that are or will be installed on Project Sites pursuant to a Site Agreement. Green Infrastructure does not include Other Project Site Improvements or Non-Project Improvements or any fee interest or ownership in the Project Site.
1.28 “Green Infrastructure Project ” or “Project” means the certain capital improvements, including the construction and installation of Green Infrastructure, Other Project Site Improvements, and Non-Project Improvements, that City constructs on District Sites pursuant to a Site Agreement. Green Infrastructure Project does not include any fee interest or ownership in the Project Site.
1.29 “GI - Interagency Team” means individual City and District staff to be identified in each Site Agreement, who will meet periodically during the applicable Site Agreement Term as stated in Section 2.4 [Ongoing Communication, Coordination, and Conflict Resolution] below to review the condition and performance of the Green Infrastructure installed pursuant to the applicable Site Agreement, discuss interim problems or concerns that may arise, and devise solutions to problematic conditions.
1.30 “Hazardous Material ” means (a) any material that, because of its quantity, concentration, or physical or chemical characteristics, is deemed by any federal, state, or local governmental authority to pose a present or potential hazard to human health or safety or to the air, water, soil, or environment and (b) any materials, substances, products, byproducts, waste, or other materials of any nature or kind whatsoever whose presence in and of itself or in combination with other materials, substances, products, byproducts, or waste may give rise to liability under any Environmental Laws. “Hazardous Materials” include any material or substance identified, listed, or defined as a “hazardous waste,” “hazardous substance,” “pollutant,” “contaminant,” or term of similar import, or is otherwise regulated pursuant to Environmental Laws; any asbestos and asbestos-containing materials; and petroleum, including crude oil or any fraction thereof, natural gas, or natural gas liquids.
1.31 “Invitees” when used with respect to either Party means its invitees, guests, or business visitors.
1.32 “Laws” means all present and future statutes, ordinances, codes, orders, regulations, and implementing requirements and restrictions of federal, state, county, and
5 municipal authorities, whether foreseen or unforeseen, ordinary as well as extraordinary, as adopted or as amended. References to all Laws, including specific statutes, relating to the rights and obligations of either Party mean the Laws in effect on the Effective Date specified in the Basic Umbrella MOU Information and as they are amended, replaced, supplemented, clarified, corrected, or superseded at any time while any obligations under this Umbrella MOU or any Site Agreement are outstanding, whether or not foreseen or contemplated by the Parties.
1.33 “Umbrella MOU” means this Umbrella Memorandum of Understanding.
1.34 “Milestone” means the completion of each of the following (in this order) during the design phase of each proposed Green Infrastructure Project: the AAR, the CER, 35% Design, 65% Design, and 95% Design.
1.35 “Other Project Site Improvements” means improvements that City includes within a Project’s design and construction documents at the completion of the 95% Design Milestone that are neither Green Infrastructure nor Non-Project Improvements and are necessary to return the Site to the same condition as existed prior to installing the Green Infrastructure or required by code.
1.36 “Option Term” means a single ten (10) year extension of the Term, if agreed to by the Parties in accordance with the procedure set forth in Section 3.3 [Option to Extend Umbrella MOU] below.
1.37 “Non-Project Improvements” means improvements that City coordinates and installs at the District’s expense at or adjacent to a Project Site following the District’s request and City’s approval pursuant to Section 5.6.1 [District Requests for Additional Construction Work] below.
1.38 “Notice of Final Completion” means, with respect to a City construction contract, a written notice to be issued by City that signifies that the Project construction is final and complete.
1.39 “Parties” means the District and City and their permitted assignees or transferees under this Umbrella MOU. Each of the Parties may be referred to individually as a “Party.”
1.40 “Permitted Use” means the uses of a Project Site by City and the SFPUC an d their officers, employees, and contractors permitted by this Umbrella MOU, as set forth in the Basic Umbrella MOU Information above, as such uses may be further defined pursuant to an applicable Site Agreement.
1.41 “Preventative Maintenance” is a set of maintenance activities performed at predetermined intervals or according to prescribed criteria before the occurrence of a failure.
These activities are intended to protect the installation, reduce the probability of failure of, and prevent or eliminate the degradation of the functions of the Green Infrastructure.
1.42 “Project Community” means, with respect to each Green Infrastructure Project, the students and student’s families, invitees, District Agents, and others who use or are expected to frequent the Green Infrastructure Project.
6 1.43 “Project Site ” means the portion of a Site approved for installation of Green Infrastructure, Non-Project Improvements, and Other Project Site Improvements, as identified in the applicable Site Agreement.
1.44 “Property to be Removed ” means, with respect to a Project Site, the Green Infrastructure or other equipment or personal property that are identified in such Site Agreement as those to be removed by City upon surrender of the Project Site at the expiration or termination of the Site Agreement Term. Property to be Removed shall not include Other Project Site Improvements or Non-Project Improvements.
1.45 “Regulatory Agency” means any local, regional, state, or federal body with jurisdiction and responsibility for issuing Regulatory A pprovals in accordance with applicable Laws.
1.46 “Regulatory Approvals ” means, with respect to each Project, all agreements, permits, consents, or other approvals required by applicable Laws in order for City to install, operate, and maintain Green Infrastruct ure and, as applicable, Other Project Site Improvements and Non-Project Improvements on the Project Sites.
1.47 “Release” when used with respect to Hazardous Material includes any actual or imminent spilling, leaking, pumping, pouring, emitting, emptying, discharging, injecting, installing, escaping, leaching, dumping, or disposing of Hazardous Material on, under, or about the Project Sites, other District property, or the environment.
1.48 “Remedial Maintenance” is a set of landscape maintenance activ ities that are performed as required, on a scheduled or unscheduled basis, to keep Green Infrastructure in proper operating condition and identify and eliminate potential failures.
1.49 “SFPUC” means the San Francisco Public Utilities Commission, an enterprise department of the City and County of San Francisco.
1.50 “SFPUC Project Manager” is the City-appointed representative whose job is to facilitate, coordinate, review, and generally represent City’s interests in all phases of the Green Infrastructure Projects.
1.51 “Site” means a parcel of real property in San Francisco, owned and operated by the District, and identified in a Site Agreement.
1.52 “Site Agreement” means an agreement substantially in the form of the attached Exhibit A-1 that, when fully executed and delivered, shall incorporate the provisions of this Umbrella MOU and authorizes City and the SFPUC to install, operate, and maintain Green Infrastructure for the Permitted Use on a Project Site identified in each such Site Agreement.
1.53 “Site Specific Maint enance and Operations Plan” means the enforceable, unrecorded maintenance agreement to be attached as Appendix B to each Site Agreement, jointly developed by the District and SFPUC on a project -by-project basis that sets forth each Party’s operation, maintenance, and repair or replacement obligations with respect to the subject Site and the Green Infrastructure, Other Project Site Improvements, and Non-Project Improvements to be installed on such Site; provided that City shall have no obligation to operate, maintain, repair, or replace Other Project Site Improvements or Non-Project Improvements installed at a Project Site.
7 1.54 “Special Conditions ” means those criteria and conditions contained in a document prepared by the District and provided to City in advance of bid advertisement with respect to a proposed Project Site that set forth certain contractual conditions during construction intended to protect student safety and the educational environment during construction at such Project Site.
1.55 “Standard Specific ations” means SFUSD’s District Design S tandard & Guidelines which provide details or material specifications for typical school -yard design elements that are applicable to all SFUSD sites.
1.56 “Subsurface Green Infrastructure” are components of Green Infrastructure that are constructed completely below grade. Typical components of the Subsurface Green Infrastructure include but are not limited to: aggregate rock storage layers, drain rock, impermeable liner/membranes, under drains and cleanouts, splash pads of fore bays, inlet structures or grates, overflow structures, overflow pipes, and sand traps. Subsurface Green Infrastructure shall not include Other Project Site Improvements or Non-Project Improvements.
1.57 “Surface Green Infrastructure” are components of Green Infrastructure Projects that are installed at or above grade. Typical components of the Surface Green Infrastructure include but are not limited to: planting, mulch, soil media, check dams, splash pads of fore bays, low flow channels, and structura l curbs. Surface Green Infrastructure Improvements shall not include Other Project Site Improvements or Non-Project Improvements.
1.58 “SWPPP” means a Storm Water Pollution Prevention Plan written and developed by a qualified SWPPP developer that outlines measures to prevent debris, trash, and sediment from entering runoff.
1.59 “Term” means the term of this Umbrella MOU that commences on the Effective Date and ends on the earlier of the Expiration Date or the date of any earlier termination of the Agreement as provided in this Umbrella MOU.
1.60 “WWE” means the SFPUC’s Wastewater Enterprise.
Article 2
PURPOSE; BASIC UMBRELLA MOU INFORMATION; PERMITTED USE;
RESTRICTIONS, LIMITATIONS, AND CONDITIONS APPLICABLE TO ALL
PROJECT SITES
2.1 Purpose
a) Umbrella MOU
This Umbrella MOU: (a) sets forth policy goals shared by the Parties as a basis for the partnership outlined by this Umbrella MOU; (b) establishes the legal relationship and framework under which City and the District may select, design, develop, construct, and maintain Green Infrastructure, Other Project Site Improvements, or Non -Project Improvements for the Permitted Use on, over, beneath, and within a Project Site identified in a Site Agreement issued under this Umbrella MOU; (c) ensures the appropriate infrastructure is installed to allow for such Permitted Use activities; and (d) defines roles and contracting requirements based on source of funds for the Green Infrastructure Project. The Basic Umbrella MOU Information is intended to
8 summarize certain provisions of the Umbrella MOU and Site Agreements and is for the Parties’ reference only. If any information in the Basic Umbrella MOU Information conflicts with any more specific provision of this Umbrella MOU or any Site Agreement issued under it, the mor e specific provision will control. This Umbrella MOU does not authorize the Permitted Use on any District property other than the Project Sites specified in fully executed, delivered, and approved Site Agreements.
b) Site Agreements
The District and SFPUC agree to work in good faith to identify suitable sites for Green Infrastructure Projects that meet SFPUC’s minimum performance goals. Subject to applicable Board Policies and Administrative Regulations, the District will allow SFPUC reasonable access to potential sites to conduct preliminary design evaluations and support initial engagement with the potential Project Community and relevant District staff, as long as any disruption to students and staff is minimal. SFPUC will coordinate with SFUSD Project Manager during all site visits and engagement with the potential Project Community and use the information gathered to inform CER design.
Subject to the terms of this Umbrella MOU, approvals required by applicable Law
s, and the respective requirements of each Party, if City and District decide to proceed with a Green Infrastructure Project, they will enter into a Site Agreement in substantially the form attached as Exhibit A-1, after the CER design review under Section 5.4 [Project Planning] but before beginning project design under Section 5.5 [Project Design]. The Site Agreements shall include a Site-Specific Operations and Maintenance Plan based on the model agreement attached as Exhibit A-2.
2.2 City Responsibilities for Costs
Except as may be provided explicitly to the contrary in this Umbrella MOU, at City’s sole cost and expense, City shall pay for all costs for the planning, design, construction, construction management and construction administration of the Green Infrastructure and Other Project Site Improvements. City shall have no obligation for any costs incurred to plan, design, construct, operate, maintain, repair, or replace Non -Project Improvements. The Site Agreement will allocate the costs of maintenance of the Green Infrastructure for each Site.
2.3 District Responsibilities for Costs
Except as may be provided explicitly to the contrary in this Umbrella MOU or any Site Agreement, and subject to applicable Board Policies and Administrative Regulations, District shall pay for all costs for the planning, design, construction, and construction administration of the Non-Project Improvements and for operating, maintaining, repairing, and replacing the Non- Project Improvements and Other Project Site Improvements. The District bears no responsibility for the cost of the Green Infrastructure and maintenance of the Green Infrastructure, which will be provided by SFPUC at no cost to the District.
2.4 Ongoing Communication, Coordination, and Conflict Resolution On or before the Site Agreement Effective Date with respect to the first Site Agreement to be executed and delivered pursuant to this Umbrella MOU, City and the District shall establish a “GI - Interagency Team,” composed of staff representatives of City and the District, to evaluate
9 and monitor proposed and installed Green Infrastructure under this Umbrella MOU for its duration. The GI-Interagency Team shall hold regular conference calls or meetings (at least twice annually but more frequently as deemed necessary by the Parties) to: review and evaluate potential products information and the performance of the Green Infrastructure on the Project Sites, assess the goals and commitments of this Umbrella MOU, and discuss interim problems or concerns that may arise during the Term. If the GI-Interagency Team is unable to reach a solution on a particular matter, it will be referred to____[City Official]_____ and Bond Program Director or their respective designees for resolution. The GI -Interagency Team shall also periodically review the Umbrella MOU and propose amendments where appropriate.
2.5 Permitted Use, Restrictions, and Limitations
a) Use of Premises
Use of a Project Site shall be subject to the covenants and conditions set forth in this Umbrella MOU and each applicable Site Agreement and all applicable Laws, District Board Policies and Administrative Regulations.
b) As-Is Condition; City’s Due Diligence; Disclosure of Soils or Environmental Reports or Assessments
City expressly acknowledges and agrees to enter onto and use each Project Site in its “as-is, with all faults” condition. City expressly acknowledges and agrees that neither the District nor any of its Agents have made, and District disclaims, any representations or warranties, express or implied , with respect to the physical, structural, or environmental condition of the Project Sites, the present or future suitability of the Project Sites for the Permitted Use, or any other matter relating to the Project Sites. City represents to the District t hat City will conduct a reasonably diligent investigation, either independently or through employees or contractors of City’s choosing, of the condition of the Project Sites and of the suitability of the Project Sites for the Permitted Use, and City is relying solely on its independent investigation. City further represents that its intended use of a Project Site is the Permitted Use as described in the Basic Umbrella MOU Information.
2.6 Signage and Education
The District will consider including in each Site Agreement provisions that allow the installation of educational signage on Project Sites referencing the function of Green Infrastructure and its impact on broader watershed and sewer systems.
2.7 Maintenance Training
Managing the Green Infrastructure on public school grounds will require additional training for District facilities personnel and faculty. The City shall bear all costs to provide this training to any District personnel. Subject to the District’s applicable Collective Bargaining Agreements, City and District shall collaborate to devise a training program to be included with each Site-Specific Operations and Maintenance Plan under the Site Agreements and organized to allocate duties for maintenance among school District and City staff, with separate components for faculty, students, facility managers, custodians, landscapers, trades, and potentially the broader community.
10 Article 3
TERM
3.1 Term of Umbrella MOU
The Term shall begin on the Effective Date and shall end on the Expiration Date, each as specified in the Basic Umbrella MOU Information unless earlier terminated in accordance with the terms of this Umbrella MOU. In addition to any terminations authorized elsewhere in this Umbrella MOU, either Party, by written notice to the other Party, may terminate this Umbrella MOU if no Site Agreement between City and SFUSD has been executed within ten (10) years of the Effective Date of this Umbrella MOU.
3.2 Term of Site Agreement(s)
Unless earlier terminated as provided in this Umbrella MOU (including the termination of this Umbrella MOU), the Site Agreement Term for each Site Agreement shall be as stated in each Site Agreement.
3.3 Option to Extend Umbrella MOU
By their mutual written agreement, the Parties may extend the Term for a single Option Term of ten (10) years.
3.4 Termination for Convenience by City
City shall have the option, in its sole discretion, to terminate this Umbrella MOU U mbrella Agreement or any Site Agreements at any time for convenience and without cause, as long as the City either completes any work under active construction or restores District’s property to its original condition or better and ensures the property is safe for District use. City shall exercise this option by givi ng the District written notice that specifies the effective date of termination.
Upon receipt of the notice of termination, the District and City shall undertake with diligence all necessary actions to effect the termination of the Umbrella MOU or any Site Agreements on the date specified by City and minimize the liability of City and the District to third parties. As of the effective date of termination, City shall have no further obligations under this Umbrella MOU or any Site Agreements, including unde r Article 16 [Surrender] of this Umbrella MOU.
THIS
SECTION 3.4 SHALL CONTROL OVER ALL OTHER PROVISION OF THIS UMBRELLA MOU AND THE SITE AGREEMENTS.
3.5 Termination by District
a) Termination for Convenience. The District shall have the option, in its sole discretion, to terminate this Umbrella MOU or any Site Agreements at any time for convenience and without cause. The District agrees to work in good faith to close out any Green Infrastructure Project. In the event of District termination of this Umbrella MOU , executed Site Agreements shall continue to survive and shall be subject to their individual termination provisions.
b) Termination in the Event of Sale, Lease, or other Conveyance of Project Site. The District shall have the option, in its sole discretion, to terminate this Umbrella MOU or any Site Agreement(s) at any time in the
11 event of a Board action to sell, lease, exchange, or otherwise convey or dispose of all or a portion of any Project Site.
Article 4
COMPLIANCE WITH LAWS; LICENSING
4.1 Compliance with Laws
In connection with the City’s installation, operation, use, maintenance, repair, or placement of Green Infrastructure at a Project Site or City’s construction or installation of Other Project Site Improvements and Non-Project Improvements at a Project Site, prior to the installation of any such Green Infrastructure, Other Project Site Improvements, and Non -Project Improvements, at its own expense, City shall comply with, and obtain all necessary environmental and governmental approvals and permits required under, all applicable Laws, including the California Environmental Quality Act (“CEQA”), Division of State Architect (“DSA”), grading, zoning, design review, and other required permits or approvals, if applicable, and shall provide the District with evidence of such approvals and permits; provided, however, that to the extent any such costs are attributable to Non-Project Improvements, the City shall seek approval from the District, including an accounting, prior to such costs being incurred and upon such approval, the District will reimburse City for any such costs promptly after receipt of City’s request for such reimbursement accompanied by supporting documentation reasonably acceptable to the District.
City shall at all times comply with and require all of its officers, employees, and Invitees that use, operate, maintain, or visit a Project Site during the applicable Site Agreement Term, to comply with, all applicable Laws with respect to City’s performance of its obligations arising under this Umbrella MOU or any Site Agreement. In addition, City must ensure all work on each Green Infrastructure Project shall meet all applicable safety and performance standards established by applicable Laws, including, to the extent applicable, Title 24 of the California Code of Regulations, the California Education Code (including the Field Act, Education Code §17280, et seq.), the Americans with Disabilities Act, CEQA and regulations promulgated thereunder, California Labor Code Sections 1770 to 1780, inclusive. City must ensure all maintenance and construction activities in connection with any Green Infrastructure Project implemented pursuant to any Site Agreement shall comply with the Environmental Protection Agency’s National Pollution Discharge Elimination System program and the Clean Water Act to prevent stormwater pollution as well as a SWPPP approved by the appropriate governing authority, if applicable.
During installation of Green Infrastructure, City shall a bide by the District’s General and Special Conditions, as may be updated from time to time, (attached hereto as Exhibit D), as long as such conditions are not in conflict with the San Francisco Municipal Code, including without limitation Chapter 6 of the Administrative Code. The City’s contracting for work at any Project Site, including without limitation any construction or design work, shall comply with the San Francisco Municipal Code, including without limitation Chapter 6 of the Administrative Code.
The City agrees to comply with all applicable state law, including without limitation the Education Code and the California Public Contract Code, except to the extent it conflicts with an applicable section of the Municipal Code. In the event of such a conflict of law, the parties agree to hold the agreement in abeyance and the City shall seek a waiver of the relevant sections of the municipal code.
12 City shall keep itself informed of applicable District Board Policies and Administrative Regulation affecting the performance of, or necessary to ensure the safe and appropriate performance of this Umbrella MOU, and shall at all times comply with any such applicable District Board Policies and Administrative Regulations as they may be amended from time to time, including but not limited to the following: Proprietary or Confidential Information of City and District. If the City or its Contractors are obtaining student information as part of this Agreement, City shall comply at all times with the requirements of the Family Educational Records Privacy Act (“FERPA”) and relevant state law regarding the confidentiality and handling of student records, including but not limited to California Education Code §§ 49073 et seq.
4.2 Criminal Background
If in the performance of this agreement, City or its contractors will interact with SFUSD students, then the following provisions apply: Criminal Background Check/Subsequent Arrest Notification.
a) Criminal Background Check – City Employees, Contractor or Sub - contractors
(a) Prior to the commencement of services and throughout the term of this Agreement, if City or any of its employees or contractors, will have more than limited contact with SFUSD students, or interact with District students outside of the immediate su pervision and control of the student’s parents or District staff, then City is required to comply with the criminal background check provisions of California Education Code § 45125.1. City must conduct criminal background checks through the California Dep artment of Justice (“CDOJ”), including both CDOJ and Federal Bureau of Investigation (“FBI”) background checks, and must obtain subsequent arrest notification (as below), for all City employees/Contractors who will have more than limited contact with District students or will interact with District students outside of the immediate supervision and control of the student’s parents or District staff in the performance of this Agreement.
(b) City certifies that no City employee/contractor who has been convicted of a serious or violent felony as defined by California Education Code § 45125.1 (citing California Education Code § 45122.1), a sexual offense as defined by California Education Code § 44010, a controlled substance offense as defined by California Education Code § 44011, or any other offense that renders City’s proximity to children or services to the District inappropriate, shall have contact with District students under this Agreement. This prohibition does not apply to an employee, agent or volunteer who has obtained a certificate of rehabilitation and pardon pursuant to California Penal Code § 4852.01 et seq. for a serious or violent felony listed under California Education Code § 45122.1. (c) City and/or its agents have the sole responsibility to comply with the CDOJ fingerprint and criminal background investigation requirements and maintain compliance throughout the duration of this Agreement.
(d) The District will not be responsible for the costs of the criminal background checks.
(e) City’s employees, agents, con tractors, or volunteers who will have no contact or will have limited contact and will no interact with District students outside of the supervision and control of student’s parents or District staff, are not
13 required to meet criminal background check and subsequent arrest notification requirements.
(f) If City asserts that all of its employees, agents, contractors or volunteers will have no contact or will have limited contact and will not interact with District students outside of the supervision and control of student’s parents or District staff, the District Administrator supervising this Agreement will be required to affirm that City has correctly disclosed the level of student interaction/contact associated with the services provided under this Agreement. The District’s determination shall control.
(g) City will include the provision in Section in every sub-grant or subcontract for this program requiring that all subcontractors comply with these background check provisions. City shall ensure that no services ar e provided under this Contract prior to compliance with the provisions of Section. Correspondingly, City shall ensure it does not permit any agent or volunteer with the City to perform services under this Agreement without complying with this Section. b) Subsequent Arrest Notification
(a) In addition to the initial criminal background check, City will obtain, and will require that all subcontractor’s obtain, from CDOJ subsequent arrest notification to monitor future arrests of employees, agents and volunteers who will have more than limited contact with District students or interact with District students outside of the immediate supervision and control of the student’s parents or District staff in the performance of this Agreement. District shall not be responsible for the costs associated with the subsequent arrest notifications. (b) Upon receipt of notice that any of its employees, agents, or volunteers who will have more than limited contact with District students or will interact with District students outside of the immediate supervision and control of the student’s parents or District staff in the performance of this Agreement has been arrested or convicted of a serious or violent felony as defined by California Education Code § 45125.1 (citing Education Code § 45122.1), a sexual offense as defined by California Education Code § 44010, or a controlled substance offense as defined by California Education Code § 44011, or any other offense that renders City’s proximity to children or services to the District inappropriate City, and its subcontractors, will immediately prohibit such employee, agent, or volunteer from having any contact with District students pursuant to this Agreement, and City and its subcontractors will immediately notify the District of such arrest. c) Without limiting any other available legal remedies, failure by City, its contractor and its subcontractors to comply with this Section may result in termination of this Agreement at the District’s sole discretion. d) City certifies that it will comply with, and will require that all contractors or subcontractors to comply with, all CDOJ fingerprint and criminal background investigation requirements of California Education Code § 45125.1 et seq., and maintain compliance throughout the duration o f this Agreement with District.
e) Evidence of compliance with these requirements shall be immediately available to the District upon request or audit.
4.3 Licensing
14 All contractors and subcontractors of City who perform services with respect to any Green Infrastructure, Other Project Site Improvements, and Non- Project Improvements constructed, placed, maintained, or used on a Project Site pursuant to any Site Agreement shall be duly licensed in the State of California as required by applicable Laws.
Article 5
SITE EVALUATION, SELECTION, PLANNING, AND DESIGN
5.1 Design and Site Selection; Soils, Ground Water, and Hazardous Materials Reports.
City is solely responsible for the site selection and construction of each Green Infrastructure Project, and is lead on planning and design for each Green Infrastructure project, subject to review and approval of by the Associate Superintendent of Operations or designee, including the selection of any designer(s), contractor(s), or installer(s) and for all future monitoring and maintenance work undertaken at each Project Site. In selecting Sites for a Green Infrastructure Project, City shall work cooperatively with the District when determining the appropriateness of a particular school Site for the installation of a Green Infrastructure Project.
Once the Parties have agreed on a particular Site for a proposed Project, City shall confirm such selection by written notice to the District. Within sixty days of such notice, unless previously delivered to City, the District shall deliver to City all findable/accessible documents then in the District’s possession or control that consist of reports or testing of the soils or environmental condition of the lands on or about the Site so selected, including any such reports or test results that concern the presence or absence of Hazardous Materials on or about such Site. The City may use these documents for reference but shall not rely solely on the accuracy of the information provided.
5.2 Parties’ Representatives
a) City
On a Project-by-Project basis, pursuant to each Site Agreement, City shall appoint a representative (“ SFPUC Project Manager”) to facilitate, coordinate, review, and generally represent City’s interests in all phases of the Green Infrastructure Projects from pre -planning through the conclusion of the installation and construction of proposed Green Infrastructure at the relevant Project Site. City shall provide written notice to the District if City changes the designated SFPUC Project Manager.
b) District
15 On a Project-by-Project basis, pursuant to each Site Agreement, the District shall designate one or more of its Agents (“ District Project Representative”) to generally represent the District’s interests in the pre-planning, design, construction, and maintenance activities taking place on the Project Sites. The District Project Representative will have sufficient general knowledge of the work being undertaken with respect to a proposed Green Infrastructure Project and, throughout the period of the design and construction of such Green Infrastructure Project, will communicate and work cooperatively with City’s representatives regarding the District’s preferences and requirements in the design, scheduling, and construction of proposed Green Infrastructure and to reasonably coordinate activities at a Project Site being used for educational and school purposes. The District shall provide written notice to City if the District changes the designated District Project Representative.
5.3 Design Consultant Selection
(a) If City engages a design consultant to design a proposed Green Infrastructure Project, City shall consider the following evaluation criteria for selecting from the design consultant candidates, although City may base its decision on additional criteria, except to the extent these criteria conflict with any federal or state funding requirements:
● DSA review process experience;
● Bay Area public school district schoolyard design experience; ● Green Infrastructure design experience;
● Design process experience involving engagement with the public and local communities;
● Design consultants that are also listed on the District’s Bond Program Architect Pool; and
● Other qualifications that City determines are reasonably acceptable. (b) The District may designate representatives to participate in the design consultant selection process who may review and make reasonable comments on design solicitations. The District may propose one representative to participate in any selection panels, which the City shall consider, subject to a reasonable right of refusal. (c) If the City’s design includes features that require DSA approval, the City must ensure compliance with DSA regulatory approval process, and District shall not bear any cost of Green Infrastructure Project design work to facilitate DSA or any other regulatory approvals.
5.4 Project Planning.
The Alternatives Analysis Report (“AAR”) and Conceptual Engineering Report (“CER”) phases comprise the City’s typical project planning process. The CER document requires the signatures of the Project engineer, Project manager, the SFPUC’s Wastewater Enterprise (“WWE”), the Project engineering manager, and the client representatives from the WWE and District before the Project team may proceed with the pro ject design phase. With respect to the planning of each proposed Green Infrastructure Project, the District shall review and comment upon each of the following milestone events as applicable: (a) AAR and (b) CER, in accordance with the procedures set forth in Section 5.5.2 [Project Design Review Process] below.
16 The District’s Bond Program has an adopted set of Procedures and Standards (“District Standards”) that guide implementation of all projects facilitated by the Bond program. Green Infrastructure Projects will generally be treated as Green Schoolyard Projects, and the District’s interaction with design professionals will generally follow the process laid out in Section 2.5(a) of the District Bond Program Standards.
5.5 Project Design.
a) District Standard Specifications and Special Conditions Following approval of the CER and no later than the completion of the 35% Design documents for each proposed Green Infrastructure Improvements Project, the District shall deliver Standard Specifications and submit its Special Conditions with respect to such Project.
The District’s form Special Conditions are attached hereto as Exhibit D. Depending on the scope and scale of each proposed Green Infrastructure Project, the District will prepare special contract conditions consisting of measures required to protect students, District employees, contractors, and the educational environment during construction at a Project Site (“Special Conditions”). If the District does not prepare Special Conditions, the document in Exhibit D shall be attached to the Site Agreement. City shall be responsible for integrating the District’s Special Conditions that pertain to child safety, working hours limitations, and project phasing into the construction documents, informing the District of any conflicting language, and resolving any conflicting language. The District shall reasonably cooperate to resolve conflicting requirements, which shall be provided to City during the Design Review Period (Defined in Section 5.5.3 [Design Review] below). If the District’s Standard Specifications change during the design phase, then City will consider implementing any reasonable changes requested by the District, so long as such changes do not increase the cost to the design or construction. b) Project Design Review Process
Once selected and retained by City, the design consultants will design the proposed Green Infrastructure Project and adhere to the District Standards and District’s Standard Specifications submitted to City prior to the District’s approval of the 35% Design for such Project. The District shall review and comment within thirty (30) days on design documents upon the completion of each of the following milestone events (each, a “ Milestone”): completion of 35% D esign, completion of 65% Design, and completion of 95% Design. The District will be invited to take part in regularly scheduled, bi-weekly design meetings that take place between these Milestones. c) Design Review
Upon completing each Milestone, City shall provide electronic submittals of the relevant design documents related to such Milestone to the District for its review and approval. The District shall provide consolidated written comments in the SFPUC comment review log within thirty (30) days (the “ Design Review Period”) of the District’s receipt of each set of Milestone documents to be reviewed. The District Project Representative shall be responsible for identifying, coordinating, and soliciting comments from the District’s internal stakeholders within the design review period of each Milestone. The City shall not unreasonably withhold incorporating and addressing the District’s comments and concerns.
5.6 District-Initiated Work
a) District Requests for Additional Construction Work
17 Once City selects a proposed Project Site, the District may request in writing that City coordinate and perform certain construction work not within the scope of the proposed Project (“Non-Project Improvements”) and not necessitated by the proposed Project at the District’s expense in areas reasonably adjacent to a Project Site. At its sole discretion, City may agree or decline to design, install, and construct the proposed Non- Project Improvements, whenever requested. City will provide cost estimate, which the District must authorize prior to implementing Non -Project Improvements. If City agrees to design, install, and construct the proposed Non-Project Improvements, a description of the work, its cost and such other pertinent information regarding such work as is a ppropriate shall be reflected in the applicable Site Agreement or an amendment to such Site Agreement. The District shall reimburse City for the costs of the requested additional work (including all labor, material costs, and all costs in obtaining any required permits or approvals of the installation and construction of the proposed Non-Project Improvements) promptly after receipt of City’s invoice(s) regarding such work along with supporting documentation reasonably acceptable to the District. Nothing in this Umbrella MOU requires the District to request or agree to any Non-Project Improvements.
5.7 Construction Management
The City will engage construction management personnel who will be responsible for ensuring that the Project is constructed according to the approved plans and specifications. From the time the contractor mobilizes to substantial completion, a member of the construction management team will be on the Project Site whenever the Contractor is present. The construction management team will have the sole responsibility to direct the Contractor, and has a central role in communication with the project team and site staff. The construction management team will be responsible for providing weekly construction schedule updates to District and site staff, coordinating construction activities with intermittent school events, and promptly communicating with District and site staff regarding construction issues that impact student health, safety or instruction.
Article 6
PRE- CONSTRUCTION REGULATORY APPROVALS
6.1 Pre-Construction Regulatory Approvals
Prior to commencing construction of each proposed Green Infrastructure Project, City s
hall obtain all Regulatory Approvals, authorizations, and permits required under any applicable Laws in connection with such Project from the DSA and all other government al agencies with jurisdiction over the Project Site (which may include the CDE and its affiliated agencies, and the California State Water Resources Control Board). Regulatory compliance is further detailed in the form of Site Agreement in Exhibit A-1.
DSA has jurisdiction over access compliance requirements for all buildings, structures and related facilities on SFUSD properties. For access compliance, the building standards published in the State Building Standards Code relating to access by the physically handicapped and the other regulations adopted by the DSA must be used as the minimum requirements to ensure that all improvements are accessible to, and functional for, the physically disabled. DSA compliance is the responsibility of City for each proposed Green Infrastructure Project.
18 6.2 Environmental Review
Except for feasibility or planning tasks, no Project Site construction or installation work may commence prior to completion of all environmental review necessary for the Green Infrastructure Project as required by applicable Laws, including CEQA, and any necessary approvals from any local authority including any site, grading, zoning, design review, and other required permits or approvals, if applicable.
6.3 Construction General Permit
To the extent and in the manner required by applicable Laws, in connection with any proposed Green Infrastructure Improvements, City shall adhere to the State Water Resources Control Board Requirements and when required obtain a “Construction General Permit” from the State Water Resources Control Board and develop a SWPPP that outlines measures to prevent debris, trash, and sediment from entering runoff. Any Contractor selected by the SFPUC to construct such Project shall be required to implement the SWPPP.
Article 7
BID
AND AWARD; CONSTRUCTION CONTRACT RESPONSIBILITIES
7.1 Construction Contract Responsibilities
Promptly after the final design plans and specifications for a proposed Green Inf
rastructure Project are approved pursuant to the process described in Article 5 [Site Evaluation, Selection, Planning and Design] above (the “Approved Plans”), and all Regulatory Approvals required for construction of such proposed Green Infrastructure Project are granted or obtained, including CEQA, City, unless otherwise assigned in the applicable Site Agreement, shall advertise and award the construction of the Green Infrastructure Project according to the process outlined in the form of Site Agreement in Exhibit A -1, and substantially in the form of the agreement in Exhibit C (Form Construction Contract) included herein, and in compliance with applicable codes, including without limitation Chapter 6 of the San Francisco Administrative Code. City, unless otherwise assigned in the applicable Site Agreement, shall enter into a written construction contract or contracts (each, a “ Construction Contract”) with a general contractor and/or individual contractors as necessary (each, a “Contractor”) in accordance with applicable contracting requirements.
7.2 Insurance and Indemnity
(a) Each Construction Contract shall require the Contractor to obtain a policy of commercial general liability insurance and a comprehensive auto liability policy with the same or greater limits as required by the applicable Site Agreement. The Contractor shall furnish City and District with the original certificates, naming the District and City as additional insureds and including any amendatory endorsements affecting coverage and waiver of subrogation as required by written contract prior to commencing construction of the Green Infrastructure Project. (b) Each Construction Contract shall require the Contractor to indemnify hold harmless, and defend the District, its Board, officers, employees and agents against any and all claims, demands, liabilities, losses, damages, judgments, costs and expenses (including legal fees
19 and costs of investigation) arising out of Contractor’s performance of the Construction Contract with City, including but not limited to claims for personal injury, death, property damage, loss of profits, and infringement of intellectual property rights. (c) Each Construction Contract shall require Contractor to fully indemnify the City to the maximum extent provided by law, such that each Contractor must save, keep, bear harmless and fully indemnify the City and any of its officers and employees from any and all liability, damages, claims, judgments or demands for damages, costs or expenses in law or equity that may at any time arise.
(d) Any Construction Contract that City enters into to construct the Green Infrastructure Project shall require the Contractor to obtain a policy of commercial general liability insurance, a comprehensive auto liability policy, and a Worker’s Compensation policy with the same or greater limits as required of C ity under the Site Agreement, and with a waiver of subrogation. The Contractor shall furnish City and the District with the original certificates, naming the District and City as additional insureds and including any amendatory endorsements affecting coverage as required by written contract prior to commencing construction of the Green Infrastructure Project.
(e) Each Contractor shall be required to carry “Builder’s Risk” or “Course of Construction” insurance to protect the interests of the District, City, and the Contractor by covering property under construction as well as equipment and materials to be installed. (f) Waiver of Subrogation. The insurance policies required under this Agreement, including without limitation the Workers’ Compensation policy(ies), sh all be endorsed with a waiver of subrogation in favor of the City and the District for all work performed by the Contractor, its employees, agents, subgrantees, and subcontractors. (g) City shall administer and resolve any claims or disputes with the City’s Contractors arising out of Green Infrastructure Projects.
7.3 Project Management
(a) During the course of installing and constructing a proposed Green Infrastructure Project (including any Other Project or Non-Project Improvements), the designated SFPUC Project Manager and the District Project Representative shall serve as the single points of contact for all communications between the Parties regarding such installation and construction. In the event the District desires to communicate with the Contractor performing such installation and construction work, such communication shall be directed to the SFPUC Project Manager or his or her designee, unless otherwise assigned in the applicable Site Agreement.
(b) Prior to commencing installation and construction work for a proposed Green Infrastructure Project, the SFPUC shall coordinate and conduct, in collaboration with the District, a training session to explain to the SFPUC construction management personnel the requirements for working on each Project Site, and the SFPUC construction management team shall use good faith efforts to enforce such requirements. This training does not relieve the Contractor of any obligation included in the Construction Contract.
20 (c) Prior to commencing installation and construction work for a proposed Green Infrastructure Project, the SFPUC shall engage a DSA Approved Project Inspector and Special Inspector to perform material testing and inspections required for DSA Project Certification. From time to time during the course of approved installation and construction work at a Project Site, City shall provide written notice to the District regarding the status of such installation and construction work and will generally notify the District of (1) inspections, material testing, or other construction milestones and (2) any material delays in the Approved Schedule that are anticipated to materially delay the anticipated completion date for a Green Infrastructure Improvement Project or any No n-Project Improvements. All construction activity shall comply with the Construction Contract, including applicable provisions of the District’s general and special conditions. Any requests for information, proposed change orders, or other questions arising during construction that impact instruction, student health, safety, or that pertain to Other Project Site or Non-Project Site Improvements… shall be brought by the SFPUC to the Associate Superintendent of Operations or designee for review and approval, which shall not be unreasonably withheld. If the District fails to promptly review any such item within ten (10) business days, and the City determines in good faith that the lack of prompt review could lead to a compensable delay under the Construction Contract, then the City may proceed without the District’s approval on such item with a final 24-hour written notice provided to the District Article 8
SUBSTANTIAL COMPLETION OF PROJECT AND DISTRICT ACCEPTANCE
8.1 Substantial Completion and Punch List
When the Contractor with respect to a Green Infrastructure Project notifies City of its assertion that the installation and construction of such Green Infrastructure Project, including any associated Other Project or Non-Project Site Improvements are substantially complete, City will coordinate with the District Representative to schedule the punch list inspection. The City’s Contractor shall be present at the punch list inspection. The District and the SFPUC Representatives will identify, and the City will document, any detected deficiencies to create a punch list. City Representative will obtain the District Representative’s approval prior to issuing a Notice of Substantial Completion, which approval by District will not be unreasonably delayed or withheld. The Notice of Substantial Completion shall have the punch list attached.
8.2 Final Completion
When the Contractor notifies City of its assertion that it has completed all items of work on the punch list and seeks a determination that the installation and construction of such Green Infrastructure Project and any associated Non -Project Improvements are complete, City will notify the District Project Representative and coordinate with the District Representative to schedule a final walkthrough. The SFPUC Representative will obtain the District Representative’s written approval prior to issuing Notice of Final Completion, which approval by District will not be unreasonably delayed or withheld.
8.3 DSA Certification
City shall obtain all required DSA approvals. For projects requiring DSA approval, City shall request a Pre-Application meeting and invite District to attend. City shall coordinate DSA
21 BOX access with the District, and shall comply with all DSA requirements, including payment of additional fees, required for DSA Project Certification.
8.4 Deliverables
Within one hundred eighty (180) days of the issuance of a Notice of Final Completion of a Green Infrastructure Project, City shall provide the District with electronic copies of all pertinent operations and maintenance documents as required by the Construction Contract, any relevant warranty information, electronic PDF and AutoCAD files of the As -Built/Record Drawings, evidence of compliance with any and all governmental or regulatory codes and regulations, certificates of inspection for any features holding such requirement, and any additional information relating to such Project that may be of beneficial use to the District in the term of this Umbrella MOU.
Article 9
POST-CONSTRUCTION
OPERATION AND MAINTENANCE
9.1 Operation and Maintenance; Title to Green Infrastructure, Other Project Site Improvements, and Non-Project Improvements
The Site Agreement and Site-Sp ecific Operations and Maintenance Plan will specify roles for operation, maintenance, repair, and replacement of any project features. Generally, unless otherwise specified in the Site Agreement or Site-Specific Operations and Maintenance Plan, City will operate, maintain, and, subject to the provisions of Article 10 [Damage or Destruction], repair and replace all Green Infrastructure Improvements and District will operate, maintain, and subject to the provisions of Article 10 [Damage or Destruction], repair and replace all Other Project Site Improvements and Non -Project Improvements. City may fund operation, maintenance, repair, and replacement with its own staff, with contracted staff, or with District staff, subject to the Site Agreement or Site -Specific Operations and Maintenance Plan and applicable training outlined in Section 9.2 [Green Infrastructure Training Program].
Upon the issuance of a notice of Final Completion, title to all Green Infrastructure installed at or adjacent to any Project Site shall automatically vest in the City; while the City has title to the Green Infrastructure, the City does not have any title or ownership interest in District’s property or Project Site. In no event, does the City’s title to the Green Infrastructure supersede the District’s rights outlined in Section 3.5(b) [Termination in the Event of Sale, Lease, or other Conveyance of Project Site ]. For the avoidance of doubt, in the event of termination of this Agreement or any Site Agreement by the District, title to the Green Infrastructure covered by the terminated Agreement(s) shall vest with the District and the City shall have no further rights under the terminated Agreement(s). Upon the issuance of a notice of Final Completion, title to all Other Project S ite Improvements or Non- Project Improvements installed at or adjacent to any Project Site shall automatically vest in the District. In no event shall any Site Agreement bestow any ownership interest in District’s property/Project Site.
9.2 Green Infrastructure Training Program
Prior to completing and accepting each Green Infrastructure Project, the District and City shall work cooperatively to identify and implement training opportunities for the District project
22 management and maintenance staff regarding Green Infrastructure preventative and remedial maintenance best practices, which shall be provided by the City. Training of District maintenance staff regarding Green Infrastructure maintenance will not impact the Parties’ allocation of such responsibilities and obligations under this Umbrella MOU and the Site Agreement. From time to time, City will identify SFPUC staff qualified to address any potential maintenance questions that arise during the Term and provide their contact information to the District. The site specific training program will be described in the Site- Specific Operations and Maintenance Plan.
Article 10
DAMAGE
OR DESTRUCTION
10.1 Damage or Destruction of Green Infrastructure
With respect to each Green Infrastructure Project, the District shall (a) to the extent feasible, protect the Green Infrastructure from disturbance and damage caused by use of the Green Infrastructure by students and student’s families, Invitees, District Agents, and others (with respect to each such Green Infrastructure Project, collectively, the “Project Community ”) and shall work jointly with City to determine whether any damage to the Green Infrastructure Project caused by the Project Community can be r epaired or replaced; (b) partner with, identify, and educate the Project Community regarding the Green Infrastructure installed at such Project Site; and (c) minimize post- construction disturbance or damage by any member of the Project Community to the Green Infrastructure. In the event that damage to the Green Infrastructure Project from the Project Community occurs, the District agrees to facilitate at least one (1) timely community event to support ongoing education and stewardship at the project location. District further agrees to repair or replace, or reimburse the SFPUC for reasonable costs, subject to advance notice and approval of the costs, the SFPUC incurs to repair or replace, any damage or destruction of Green Infrastructure caused by a District employee or Facilities Department contractor subject to the approval, appropriation and availability of funds by the District’s Board of Education. District agrees that it will act in good faith in seeking Board of Education approval of these expenditures.
If all or any portion of the Green Infrastructure on a Project Site are damaged or destroyed by any cause outside the City’s or District’s control, within one hundred eighty (180) days of City’s knowledge of such damage or destruction, City shall endeavor to give the District written notice (a “Damage Disposition Notice”) of City’s determination and the District agrees with such determination (such agreement shall not be unreasonably withheld)of one of the following:
(a) that such Green Infrastructure are repairable or replaceable, that City h as allocated, or expects to allocate, adequate funds necessary to fund such repairs or replacements, that the then -condition and then remaining useful life of such Green Infrastructure justify the expense of repairing or replacing such Green Infrastructure, and that City has therefore determined that it will repair or replace the damaged or destroyed Green Infrastructure; (b) to not repair or replace the damaged Green Infrastructure because the damage to the Green Infrastructure is not sufficiently significant that it requires decommissioning or removal, and the damage will not adversely affect District or District’s use of the Project Site, and that the use of such damaged Green Infrastructure shall continue pursuant to this Umbrella MOU and the applicable Site Agreement; or
23 (c) City’s determination to not repair or replace the damaged or destroyed Green Infrastructure and that the damage to the subject Green Infrastructure Project requires the decommissioning or removal of the damaged Green Infrastructure as contemplated in Article 16 [Surrender] below.
After Other Project Site Improvements or Non-P roject Improvements are accepted by the District, City shall have no obligation to repair or replace any damaged or destroyed Other Project Site Improvements or Non-Project Improvements, unless and except to the extent caused by the negligence or willful misconduct of the City or its officers, employees or representatives.
Although the District may elect, at its sole discretion , to not repair or replace any damaged or destroyed Other Project Site Improvements or Non -Project Improvements, it will hold City and its officers and employees harmless and indemnify City for any Claims to the extent based on any damage or destruction to Other Project Site Improvements or Non- Project Improvements that is the subject of this Section 10.1. The District may assert Claims against City’s Contractor(s) based on allegations of defective construction or installation of any Other Project Site Improvements or Non-Project Improvements (whether or not destroyed or damaged).
10.2 Notice of Damage to the Project Sites
The District shall give City notice of the destruction of, any damage to, or the need to repair any Green Infrastructure on a Project Site p romptly and no later than 30 -days after discovery.
10.3 City’s Election
(a) Election to Repair or Replace Destroyed or Damaged Green Infrastructure
If, pursuant to Section 10.1(a) [Damage or Destruction of Green Infrastructure Improvements] above, City gives a Damage Disposition Notice to the District that City has determined to repair or replace any damaged or destroyed Green Infrastructure on a Project Site, City shall use reasonable efforts to implement such repairs or replacement in a timely manner. If, however, City is unable to complete such repair or replacement for any cause within the timeframe agreed upon by City and District, City shall notify the District and cooperate with District to outline a reasonable plan and timetable to complete the repairs or replacement. If City has not repaired or replaced the damaged or destroyed Green Infrastructure within one (1) year of the date of City’s notice, either City or the District may terminate the Site Agreement with respect to such damaged or destroyed Green Infrastructure by written notice to the other Party. (b) Election to Continue to Operate Damaged Green Infrastructure If, pursuant to Section 10.1(b) [Damage or Destruction of Green Infrastructure] above, City gives a notice to the District that City has determined to not repair or replace the damaged Green Infrastructure because the damage to the subject Green Infrastructure Project did not sufficiently diminish Project performance that it requires the decommissioning or removal of the damaged Green Infrastructure, then the use of such damaged Green Infrastructure shall continue pursuant to this Umbrella MOU and the applicable Site Agreement. The City must demonstrate, to the satisfaction of the District, that the damaged Green Infrastructure will not adversely affect District or District’s use of the Project Site. District must approve any
24 determination to continue use of damaged Green Infrastructure. If the District does not approve the City’s determination, the City shall proceed with an election under Section 10.1(a) or Section
10.1(c). Further, the City shall hold the District, its officers, employees and students harmless and indemnify District for any Claims to the extent based on any damage or destruction to the Green Infrastructure that is the subject of this Section 10.3. (c) Election to Decommission or Remove
Damaged Green Infrastructure
If, pursuant to Section 10.1(c) [Damage or Destruction of Gr een Infrastructure] above, City gives a Damage Disposition Notice to the District that City has determined to not repair or replace the damaged or destroyed Green Infrastructure because the damage to the subject Green Infrastructure Project requires the decommissioning or removal of the damaged Green Infrastructure, then (i) the Site Agreement with respect to such damaged or destroyed Green Infrastructure shall terminate effective thirty (30) days after the District’s receipt of such Damage Disposition Notice and (ii) the damaged or destroyed Green Infrastructure shall be removed (if they were identified in the Site Agreement as Property to be Removed) or decommissioned pursuant to the procedures described in Article 16 [Surrender] below, unless otherwise agreed to by the District in writing.
(d) Premises upon termination or surrender
The City shall either return the Site to a condition substantially similar to its prior state, or leave the Site in an improved state, subject to Article 22 [SFPUC Property to be Removed or Modified] of the Site Agreement.
Article 11 [RESERVED]
Article 12
DEFAULTS
12.1 Events of Default
An event of default (a “Default”) under this Umbrella MOU shall occur when one of the Parties (a “Breaching Party”) fails to comply in a material manner with any of its obligations or representations made under this Umbrella MOU or any Site Agreement, if the failure continues for ninety (90) days after the date that the Breaching Party receives notice from the other Party (a “Nonbreaching Party”) specifying such failure, or, if such default is not capable of cure within the ninety (90)-day period, the Breaching Party fails to promptly undertake action to cure such failure within such ninety (90) -day period and thereafter fails to use reasonable diligence to complete such cure within one hundred eighty (180) days after the Nonbreaching Party’s notice.
12.2 Remedies
Upon the occurrence of an uncured Default, in addition to all other rights and remedies available to a Nonbreaching Party at law or in equity, the Nonbreaching P arty may (a) continue this Umbrella MOU and applicable Site Agreements in effect, with the right to enforce all of its
25 rights and remedies or (b) elect to terminate the Site Agreement, if any, to which any such Default directly relates, after the City and the District have met to discuss the status of the uncured Default.
Article 13
INSURANCE AND BONDS
13.1 Self-Insurance
Each Party acknowledges that the other Party self -insures against casualty, property damage, and public liability risks. Each Party shall maintain an adequate program of self-insurance or insurance, as applicable, for public liability risks during the Term and will not be required to carry any third-party insurance with respect to the Project Sites or otherwise. The City shall name the District as an additional insured, and its respective officers, directors, employees and agents.
13.2 City’s Contractors
Insurance requirements for City Contractors are discussed in Section 7.2 [Insurance and Indemnity].
13.3 General Contractors’ Bonds
City shall require its Contractors that install, maintain, repair, replace, or otherwise perform work on the Project Sites to provide bonds to guarantee the performance of the work and the payment of subcontractors and suppliers for any installation of Green Infrastructure. The Contractor should obtain a Performance and Payment Bond with penalties equal to one hundred percent (100%) of the contract price as determined from the prices in the bid form. The bond amount may be adjusted from time to time as necessary to cover and satisfy all payment obligations arising from the contract. Bonds shall be duly executed by a responsible c orporate surety, authorized to issue such bonds in the State of California and secured through an authorized agent with an office in California. If Contractor breaches the Construction Contract, and fails to cure its breach, the City shall make a claim on the Performance Bond and enforce all applicable rights. A failure to enforce by the City that results in damages to the District shall constitute a material breach of this Umbrella Agreement.
Article 14
INDEMNITY
Except as otherwise specifically stated in this Umbrella MOU or a Site Agreement, City shall defend, indemnify, and hold the District and its Agents harmless from and against any and all Claims that arise in any manner out of the performance of City or its contractors, officers or employees of City’s obligations under this Umbrella MOU or any Site Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negli gent or intentional acts or omissions of the City or its contractors, officers, employees, or representatives.
26 Except as otherwise specifically stated in this Umbrella MOU or a Site Agreement, the District shall defend, indemnify, and hold City and its officers and employees harmless from and against any and all Claims that arise in any manner out of the performance of the District or its Agents of the District’s obligations under this Umbrella MOU or any Site Agreement, but only in proportion to and to the extent such liability, loss, expense, attorneys’ fees, or claims for injury are caused by or result from the negligent or intentional acts or omissions of the District or its Agents.
Article 15
LIMITATION
OF LIABILITY FOR CONSEQUENTIAL DAMAGES
City and District ex pressly acknowledge and agree that this Umbrella MOU does not consider any potential liability of either City or District for consequential or incidental damages.
Neither City nor District would be willing to enter into this Umbrella MOU or any Site Agreement in the absence of a complete waiver of liability, to the fullest extent permitted by Law, for consequential or incidental damages to the extent resulting from the acts or omissions of City or its officers or employees or of District or its Agents, and the Parties each expressly assumes the risk with respect thereto. Accordingly, without limiting any Indemnification obligations of either Party or other waivers contained in this Umbrella MOU and as a material part of the consideration for this Umbrella MOU, City and District each fully releases, waives, and discharges the other forever for any and all Claims for consequential and incidental damages arising out of this Umbrella MOU or any Site Agreement, including lost profits arising from the disruption to Green Infrastructure, any interference with use in connection with this Umbrella MOU and Site Agreements, regardless of the cause, and whether or not due to the active or passive negligence or willful misconduct of City or its contractors, subcontractor, officers or employees, or District or its Agents, and the Parties covenant not to sue one another for such damages.
Article 16
SURRENDER
16.1 Obligations Upon Surrender.
Unless otherwise stated in an applicable Site Agreement, within one hundred eighty (180) days of the termination or expiration of this Umbrella MOU, at its own cost, City shall remove the Property to be Removed identified in any Site Agreement as those that are to be removed upon surrender of the subject Site. Similarly, unless otherwise stated in an applicable Site Agreement, within one hundred eighty (180) days of the termination or expiration of a Site Agreement, at its own cost, City shall remove the Property to be Removed from the subject Site. With respect to any Site where some of the Green Infrastructure are not included in the Property to be Removed, City shall make necessary modifications if required to any such Green Infrastructure so as to render the Site suitable for use by District employees and students, and safe for occupation.
Further, in no event will the City leave the Site in a worse condition than it was prior to the Green Infrastructure Project. At the very least, the City shall return the Site to a condition substantially similar to its original condition or better. City shall have no obligation to remove or modify any Other Project Site Improvements or Non -Project Improvements. City’s obligations under this Article will survive the Expiration Date or other termination of this Umbrella MOU.
27 Article 17
HAZARDOUS MATERIALS
In the performance of its obligations under this Umbrella MOU or any Site Agreement, neither City nor any of its officers or employees shall cause or permit any Hazardous Material to be brought upon, kept, used, stored, generated, installed, disposed of, or released in, on, under, or about the Project Sites or any other part of District property, or transported to or from any District property in violation of Envi ronmental Laws, except that City may use small quantities of Hazardous Materials as customarily used and needed for construction, routine operation, cleaning, and maintenance of the Green Infrastructure, so long as all such Hazardous Materials are contained, handled, and used in compliance with Environmental Laws. City shall immediately notify the District if and when City learns or has reason to believe any Release of Hazardous Material has occurred in, on, under, or about the Project Site. City shall be responsible for remediating any such Release of Hazardous Material.
Prior to initiating any construction activity, the City will complete a hazardous materials survey in compliance with applicable regulations. If hazardous materials are encountered in the Project Site, the City may either terminate the Site Agreement or comply with all hazardous materials handling, transportation, remediation and disposal requirements, regulations and applicable state and federal laws.
Article 18
GENERAL
PROVISIONS
18.1 Successors and Assigns
This Umbrella MOU shall be binding upon and inure to the benefit of the Parties and their respective directors, officers, legal representatives, successors, and assigns.
18.2 Notices
Any notice given under this Umbrella MOU will be effective only if in writing and delivered in person or by sending it first-class mail or certified mail with a return receipt requested or by overnight courier, return receipt requested, with postage prepaid, to: (a) a Party at the address set forth in the Basic Information with respect to such Party, or (b) to any other address that either Party designates as its new address by notice given to the other in accordance with the provisions of this Section at least ten (10) days before the effective date of the change. A properly addressed notice transmitted by one of the foregoing methods shall be deemed received upon the confirmed date of delivery. Any e -mail addresses, telephone numbers, or facsimile numbers provided by one Party to the other shall be for convenience of communication only; neither Party may give official or binding notice orally or by e-mail or facsimile. The effective time of a notice shall not be affected by the receipt, prior to receipt of the original, of an oral notice or an e -mail or facsimile copy of the notice.
18.3 Amendments
No part of this Umbrella MOU may be changed, waived, discharged, or terminated orally, nor may any breach thereof be waived, altered, or modified, except by a written instrument executed and approved in the same manner as this Agreement.
28 18.4 Tropical Hardwoods and Virgin Redwoods.
RESERVED.
18.5 Notification of Limitations on Contributions.
The District acknowledges that it is familiar with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which prohibits any person who contracts with City, whenever such transaction would require the approval by a City elective officer, the board on which that City elective officer serves, or a board on which an appointee of that individual serves, from making any campaign contribution to (a) the City elective officer, (b) a candidate for the office held by such individual, or (c) a committee controlled by such individual or candidate, at any time from the commencement of negotiations for the contract until the later of either the termination of negotiations for such contract or twelve (12) months after the date the contract is approved.
The District acknowledges that the foregoing restriction applies only if the contract or a combination or series of contracts approved by the same individual or board in a fiscal year have a total anticipated or actual value of $100,000 or more. The Dis trict further acknowledges that the prohibition on contributions applies the District; each member of the District’s governing boards, and the District’s chief executive officer, chief financial officer, and chief operating officer; any person with an ownership interest of more than ten percent (10%) in the District; any subcontractor listed in the contract; and any committee that is sponsored or controlled by the District. Additionally, the District acknowledges that it must inform each of the persons described in the preceding sentence of the prohibitions contained in Section 1.126. Upon City’s request, the District shall provide to City the names of each person, entity, or committee described above.
18.6 MacBride Principles - Northern Ireland.
The provisions of San Francisco Administrative Code Section 12F are incorporated into and made a part of this Umbrella MOU by this reference. By signing this Umbrella MOU, the District confirms that it has read and understood that City urges companies doing business in Northern Ireland to resolve employment inequities and to abide by the MacBride Principles, and urges San Francisco companies to do business with corporations that abide by the MacBride Principles.
18.7 No Implied Waiver
No failure by a Party to insist on the strict performance of any obligation of the other Party under this Umbrella MOU or any Site Agreement or to exercise any right, power, or remedy arising out of a breach, regardless of the length of time that the breach continues will constitute a waiver of the breach or of the Party’s right to demand strict compliance with any term, covenant, or condition or operate as a surrender of its rights under this Umbrella MOU or any Site Agreement. No express written waiver of any default or the performance of any provision of this Umbrella MOU or any Site Agreement will affect any other default or performance, or cover any other period of time, other than the default, performance, or period of time specified in the express waiver. One or more wr itten waivers of a default or the performance of any provision of this Umbrella MOU or any Site Agreement will not be deemed to be a waiver of a subsequent default or performance. Any Party’s consent under this Umbrella MOU or any Site Agreement will not relieve the other Party of any obligation to secure the consenting Party’s consent in any other or future instance as required by this Umbrella MOU or any such Site Agreement.
18.9 Assignments
29 Neither Party may directly or indirectly (including by merger, acquisition, or other transfer of any controlling interest in a Party), voluntarily or by operation of law, sell, assign, encumber, pledge, or otherwise transfer any part of its interest in or rights with respect to this Umbrella MOU or any Site Agreement, without the other Party’s prior written consent.
18.10 Nondiscrimination.
In the performance of this Umbrella MOU, the District will not discriminate against any employee, any City employee working with the District, or applicant for employment with the District, or against any person seeking accommodations, advantages, facilities, privileges, services, or membership in all business, social, or other establishments or organizations, on the basis of the fact or perception of a person’s race, color, creed, religion, national origin, ancestry, age, height, weight, sex, sexual orientation, gender identity, domestic partner status, marital status, disability or Acquired Immune Deficiency Syndrome or HIV status (AIDS/HIV status), or association with members of protected classes, or in retaliation for opposition to discrimination against protected classes.
18.11 Sunshine Ordinance
In accordance with Section 67.24(e) of the San Francisco Administrative Code, contracts, contractors’ bids, leases, agreements, responses to Requests for Proposals, and all other records of communications between City and persons or firms seeking contracts will be open to inspection by City immediately after a contract has been awarded. Nothing in this provision requires the disclosure of a private person’s or organization’s net worth or other proprietary financial data submitted for qualification for a contract, lease, agreement or other benefit until and unless that person or organization is awarded the contract, lease, agreement, or benefit. Information provided that is covered by this Section will be made available by City to the public on request.
18.12 Conflicts of Interest
Through its execution of this Umbrella MOU, the District acknowledges that it is familiar with the provisions of Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and California Government Code Section 87100, et seq., and Section 1090, et seq., and certifies that it does not know of any facts that would constitute a violation of those provisions, and agrees that if the District becomes aware of any violation during the Term, the District will immediately notify City.
18.13 Recording
Neither Party shall record this Umbrella MOU, any Site Agreement, nor any memorandum or short form of any of them in City’s Recorder’s Office.
18.14 Counterparts
This Umbrella MOU may be executed in two or more counterparts, each of which will be deemed an original, but all of which taken together will be one and the same instrument.
18.15 Authority to Approve Agreement
Each person signing this Umbrella MOU and any Site Agreement on behalf of the Parties warrants and represents that he or she has the full right and authority to enter into this Umbrella
30 MOU and Site Agreements. This Umbrella MOU shall only become effective upon approval of the District’s Board of Education.
18.16 No Authority to Make Representations on Behalf of the Other Party Neither Party, nor any Agent of a Party, is authorized to make any representations on behalf of the other Party.
18.17 Interpretation of Agreements
The following rules of interpretation apply to this Umbrella MOU. (a) General
Whenever required by the context, the singular includes the plural and vice versa; the masculine gender includes the feminine or neuter genders and vice versa; and defined terms encompass all correlating forms of the terms (e.g., the definition of “indemni fy” applies to “indemnity,” “indemnification,” etc.).
(b) Captions
The captions preceding the articles and sections of this Umbrella MOU and in the table of contents have been inserted for convenience of reference and such captions in no way define or limit the scope or intent of any provision of this Umbrella MOU. (c) Words of Inclusion
The use of the term “including,” “such as,” or words of similar import when following any general or specific term, statement, or matter may not be construed to limit the term, statement, or matter to the stated terms, statements, or matters, whether or not language of non-limitation, such as “including, but not limited to” and “including without limitation” are used.
Rather, the stated term, statement, or matter will be interpreted to refer to all other items or matters that could reasonably fall within the broadest possible scope of the term, statement, or matter. (d) Severability
If any provision of this Umbrella MOU or its application to any person, entity, or circumstance is invalid or unenforceable, the remainder of this Umbrella MOU, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each provision of this Umbrella MOU will be valid and be enforced to the full extent permitted by applicable Laws, except to the extent that enforcement of this Umbrella MOU without the invalidated provision would be unreasonable or inequitable under all the circumstances or would frustrate a fundamental purpose of this Umbrella MOU.
(e) Governing Law and Venue
This Umbrella MOU must be construed and enforced in accordance with the laws of the State of California and City’s Charter without regard to the principles of conflicts of law.
This Umbrella MOU is made, entered, and will be performed in San Francisco. Any action concerning this Umbrella MOU must be brought and heard in San Francisco. (f) Entire Agreement
31 This Umbrella MOU, including all its attached exhibits and schedules (which are hereby incorporated into this Umbrella MOU), contains the entire agreement between the Parties, and all prior written or oral agreements regarding the same subject matter are merged into this document.
The Parties further intend that this Umbrella MOU, all Site Agreements, and all exhibits and schedules will constitute one agreement that contains the complete and exclusive statement of its terms and that no extrinsic evidence (including prior drafts and revisions) may be introduced in any judicial, administrative, or other legal proceeding involving this Umbrella MOU. Each Party hereby acknowledges that neither such Party nor its officers or employees have made any representations or warranties with respect to the Project Sites or this Umbrella MOU except as expressly set forth herein, and no rights, easements, or additional Agreements are or will be acquired by City by implication or otherwise unless expressly set forth in this Umbrella MOU or a Site Agreement.
(g) Time of Essen
ce
Time is of the essence with respect to all provisions of this Umbrella MOU in which a definite time for performance is specified.
(h) Survival
Expiration or earlier termination of this Umbrella MOU will not affect the right of either Party to enforce any and all indemnities and representations and warranties given or made to the other Party under this Umbrella MOU, or any provision of this Umbrella MOU that expressly survives termination.
(i) Applicable Laws
For avoidance of doubt, the District is governed by the DSA and Education Code. The City agrees to comply with all applicable state law, including without limitation the Education Code and the California Public Contract Code, except to the extent it conflicts with an applicable section of the Municipal Code. In the event of such a conflict of law, the parties agree to hold the agreement in abeyance and the City shall seek a waiver of the relevant sections of the Municipal Code. The Parties agree that the City, as a charter city, may procure the Constructio n Contracts pursuant to and in compliance with San Francisco Administrative Code Chapter 6. (j) Cooperative Drafting
This Umbrella MOU has been negotiated at arm’s length between persons sophisticated and knowledgeable in the matters this Umbrella MOU addresses and was drafted through a cooperative effort of both Parties, each of which has had an opportunity to have this Umbrella MOU reviewed and revised by legal counsel. No Party will be considered the drafter of this Umbrella MOU, and no presumption or rule (including that in Cal. Civil Code § 1654) that an ambiguity will be construed against the Party drafting the clause will apply to the interpretation or enforcement of this Umbrella MOU.
[SIGNATURES ON FOLLOWING PAGE]
32 The City and District have executed this Umbrella MOU as of the date last written below.
CITY:
CITY AND COUNTY OF
SAN FRANCISCO, a municipal corporation,
operating by and through its PUBLIC
UTILITIES COMMISSION
By:____________________________
Dennis He rrera
General Manager
Date: ______________________________
Approved by SFPUC Resolution
No. ____________________________ and
Board Resolution No. _________________
APPROVED AS TO FORM:
DAVID CHIU,
City Attorney
By: ________________________________
Tyson Arbuthnot,
Deputy City Attorney
APPROVED AS TO FORM:
By:
_______________________________
Sr. Deputy General Counsel, SFUSD
DISTRICT:
SAN FRANCISCO UNIFIED SCHOOL
DISTRICT, a California public school district
By: _________________________________
Its: _________________________________
By: _________________________________
Its: _________________________________
Date:___________________________
A-1-1
EXHIBIT A-1
FORM OF SITE AGREEMENT
A-2-1
EXHIBIT A-2
FORM OF SITE-SPECIFIC OPERATIONS AND MAINTENANCE PLAN
B-1-1
EXHIBIT B-1
GREEN INFRASTRUCTURE MAINTENANCE GUIDELINES
B-2-1
EXHIBIT B-2
DISTRICT’S MAINTENANCE LEVEL OF SERVICE
D-1
EXHIBIT C
FORM OF CONSTRUCTION CONTRACT (City)
D-1
EXHIBIT D
DISTRICT GENERAL AND SPECIAL CONDITIONS
1 SITE AGREEMENT FOR INSTALLATION, OPERATION, AND MAINTENANCE
OF GREEN INFRASTRUCTURE IMPROVEMENTS
THIS SITE AGREEMENT (this “ Site Agreement ”) is made by and between the SAN FRANCISCO UNIFIED SCHOOL DISTRICT, a California public school district (“District”), and the CITY AND COUNTY OF SAN FRANCISCO, a municipal corporation and charter city organized and existing under the laws of the State of California (“City”), acting by and through its Public Utilities Commission (“SFPUC”). The District and City may be referred to in this Site Agreement as a “Party” or collectively as the “Parties.”
RECITALS
This Site Agreement is made with reference to the following facts and objectives:
A. WHEREAS, City, through the SFPUC, and the District have e ntered into that certain Umbrella Memorandum of Understanding for Installation, Operation, and Maintenance of Green Infrastructure, dated as of ____________, 2024 (“Umbrella MOU ”), to collaborate on a comprehensive program to support sustainable stormwater management and work together to make certain capital improvements, including Green Infrastructure installation and other site improvements (each a “Green Infrastructure Project”) on selected sites located on the District’s school campuses in the City and County of San Francisco, all as more particularly set forth in the Umbrella MOU; and
B. WHEREAS, as contemplated in, and pursuant to, the Umbrella MOU, the Parties desire to en
ter into this Site Agreement to allow City to construct, operate, and maintain, subject to the terms and conditions of the Umbrella MOU and this Site Agreement, a Green Infrastructure Project on and under the portion of the school site depicted on the attached Exhibit 1 [Project Limit of Work] (the “Project Site”) that constitutes a portion of the District’s [name of school] located at [school street address], and as described in Exhibit 3; and
C. WHEREAS, in general, any building or structure that is to be used for school purposes is s
ubject to the requirements of the Field Act (commencing with Education Code §§ 17280 et seq.), unless an exemption applies; and
D. WHEREAS, the Field Act defines “school buildings” as any physical structure capable of being occupied by pupils, but excludes: (a) any bleacher or grandstand with less than six rows of seats, (b) any building which is used exclusively for warehouse storage, garage, or district wide administrative office purposes which pupils are not required to enter, and buildings utilized by adult schools for off-campus, voluntary adult education courses or registered apprentice course, (c) swimming pools, or (d) any yard or lighting poles or flagpoles or playground equipment which does not exceed 35 feet in height.” (Education Code § 17368); and E. WHEREAS, t
he Green Infrastructure Project as set -forth in Exhibit 1 to the Site Agreement must comply with the Field Act in order for the District to use it for school purposes; and
F. WHEREAS, the Division of State Architect (“DSA”) has jurisdiction over access com
pliance requirements for all District buildings, structures and related facilities in California (including schools) that are constructed by the use of state, county or municipal funds of any political subdivision of the state and intended for use by the public. (Government Code § 4450.); and
2 G. WHEREAS, for access compliance, the building standards published in the State Building Standards Code relating to access by the physically handicapped and the other regulations adopted by the DSA must be used as the minimum requirements to ensure that th e Improvements are accessible to, and functional for, the physically disabled. Now, therefore, City, through the SFPUC, and the District agree as follows:
BASIC SITE AGREEMENT INFORMATION
District: San Francisco Unified School District
School Site (Project Site) Identify School
ADDRESS
SFPUC: San Francisco Public Utilities Commission
City City and County of San Francisco
Site Agreement Term Commencing on the Site Agreement Effective Date and lasting until its termination or expiration.
Site Agreement Effective Date: [DATE]
Site Agreement Expiration Date:
The earlier of (a) the termination or expiration of
the Umbrella MOU or (b) the day before the 30 th
anniversary of this Site Agreement.
Extension Option:
One (1) additional term of ten (10) or fewer years
if agreed to by the Parties pursuant to the
procedures set forth in Section 3.3 [Option to
Extend Umbrella MO U] of the Umbrella MOU
and Section 8 [Option to Extend Site Agreement
Term] below.
City’s Permitted Use:
Uses of a Project Site permitted pursuant to this
Site Agreement include the installation, operation,
use, maintenance, and repair of Green
Infrastructure, together with improvements
reasonably necessary to restore or re-purpose areas
impacted by Project construction, as long as there
is no disruption to the educational environment.
Specifically, this Site Agreement permits [insert
explanatory and descriptive text].
Green Infrastructure and Other Project
Site Improvements:
The Green Infrastructure and Other Project Site
Improvements described in Section 5 [Project
Description] and as shown in the attached Exhibit
3 [SFPUC Green Infrastructure and Other Project
Site Improvements].
Property to be Removed or Modified The Green Infrastructure described in the attached Ex
hibit 4 [SFPUC Property to be Removed or
Modified].
3 SFPUC Notice Address:
San Francisco Public Utilities Commission
525 Golden Gate Ave, 13th Floor
San Francisco, CA 94102
Attn: General Manager
Re: SFUSD Umbrella Joint Use
Agreement
Site Agreement for ______________
Project Site
With a copy to:
San Francisco Public Utilities Commission
Real Estate Services Division
525 Golden Gate Ave,10th Floor
San Francisco, CA 94102
Attn: Real Estate Director
Re: SFUSD Umbrella Joint Use
Agreement
Site Agreement for ______________
Project Site
Telephone No.: (415) 487-5210
With a copy to:
Office of the City Attorney
City and County of San Francisco
Room 234, City Hall
1 Dr. Carlton B. Goodlett Place
San Francisco, CA 94102-4682
Attn: Real Estate/Finance Team
Re: SFUSD Umbrella Joint Use Agreement’
Site Agreement for ______________
Project Site
Telephone No.: (415) 554-2700
SFPUC Project Manager and Key Day-
to-Day contact for the SFPUC:
Mary Tienken
Project Manager, Project Management Division
Telephone No.: (415) 554-2482
SFPUC Operations and Maintenance
Contact: Telephone No._______________:
District Notice Address:
San Francisco Unified School District
Facilities Department
135 Van Ness Avenue , 2nd Floor
San Francisco, CA 94102
Attn: Head Facilities Officer
Re: SFPUC Umbrella Joint Use Agreement
With a copy to:
San Francisco Unified School District
General Counsel’s Office
555 Franklin Street
San Francisco, CA 94102
Attn: Facilities General Counsel
Re: SFPUC Umbrella Joint Use Agreement
District Key Contact:
Name
[Title]
Telephone No.:
4 District Project Representative: Telephone No.: _________________ District On-call and Emergency
Contact:
Telephone No.: _________________
1. Effective Date. This Site Agreement shall become effective upon the approval of the Board of Education, SFPUC Commission and proper execution of the Parties (the “ Site Agreement Effective Date”).
2. Definitions. Ca pitalized terms not otherwise defined in this Site Agreeme nt have the meanings set forth in the Umbrella MOU.
3. Site Agreement Information. Th is Site Agreement Information is intended to provide a summary of certain provisions relating to this Site Agreement and is for the Parties’ reference only.
If any information in the Site Agreement Information conflicts with any more specific provision of the Umbrella MOU or this Site Agreement, the more specific provision will control. This Site Agreement:
a. Authorizes City to engage in the Permitted Use activities on a Projec t Site as
outlined by Exhibits 1 and 3 _and ensures reasonable City Project Site access subject to certain limitations to engage in those Permitted Uses. b. Ensures that the Green Infrastructure will not be removed from the Project Site d
uring the Term of this Site Agreement without City consent, which shall not be unreasonably withheld.
c. Acknowledges that the School Site is an appropriate location for a Project, verified that the Green Infrastructure Work complies with applicable school codes and regulations, and is consistent with existing SFUSD plans and programs for the (School Site).
d. Establishes the Parties’ respective responsibility for maintaining the Green Infrastructure.
4. Green Infrastructure Project D
esignation and Authorization; Permitted Use .
Pursuant and subject to the terms and conditions of the Umbrella MOU, City shall develop and construct on the Project Site identified above the Green Infrastructure Project (the “ Project”) consisting of the Green Infrastructure [and Other Project Site Improvements] or [, Other Project Site Improvements, and Non-Project Improvements] described in the attached Exhibits 3 and 5.
The District hereby authorizes City to construct, install, operate, and maintain the Green Infrastructure [and Other Project Site Improvements] or [, Other Project Site Improvements, and Non-Project Improvements] and the activities described as Permitted Uses on the subject Project Site based on the representation that the Green Infrastructure will enhance and improve the School.
The District further guarantees that City will have reasonable Project Site access necessary to perform those functions as further described in Section 17 [City’s Access to Project Site], as long as such access does not interfere with District’s educational mi ssion, and that the Green Infrastructure will not be removed from the Project Site during the Term of this Agreement without 5 City’s express written approval, except in the event of termination as allowed in the Umbrella MOU
pursuant to Section 3.5.b (Termination in the Event of Sale, Lease, or Other Conveyance of Project Site) or pursuant to Section 24.c of this Site Agreement.
5. Project Description.
a. Description of Project. The Project consists of the Green Infrastructure [and Other Project Site Improvements] or [, Other Project Site Improvements, and Non-Project Improvements] described below.
b. Green Infrastructure. C ity will install or construct the Green Infrastructure identified on the attached Exhibit 3 . The Green Infrastructure consists of: [itemize each element, its size and location]. The work shall be performed and completed as required in Exhibit 3.
c. Other Proj
ect Site Improvements. City will install or construct, the Other Project Site Improvements identified on the attached Exhibit 3 . The Other Project Site Improvements consists of: [itemize each element, its size and location] d. Non-Project Improvements. Pu rsuant to Section 5.6.a [District Requests for Additional Construction Work] of the Umbrella MOU, the District has requested, and City has agreed to install or construct, the Non-Project Improvements identified on the attached Exhibit 5. The Non- Project Imp rovements consists of: [itemize each element, its size and location]
e. Project Timeline: Wo rk shall begin upon issuance of the City’s Notice to Proceed and shall be completed by _______________, 20__ (“Completion Date”). f. Labor, Materials and Equipment: City shall require that Contractor shall furnish all tools, equipment, apparatus, facilities, transportation, labor, and material necessary to furnish the services herein. The services under this site agreement will be performed at such times and location listed in the Special Conditions. District shall not have authority to direct Contractor’s means and methods. Unless otherwise specified, all materials shall be new and previously unused, and workmanship shall meet the industry standard for quality.
6. Site A
greement Term. The term of this Site Agreement (“Site Agreement Term”) shall commence on [DATE] (“Site Agreement Effective Date ”) and ends on the earlier of (a) the termination or expiration of the Umbrella MOU or (b) the day before the 30 th anniversary of this Site Agreement (“ Site Agreement Expiration Date ”). Work shall proceed according to the Approved Schedule included in Exhibit 1.
7. Option to Extend Site Agreement Term. If the Parties extend the Term of the Umbrella MOU pursuant to Section 3.3 [Option to Extend Umbrella MOU] of the Umbrella MOU, the Parties may extend the Site Agreement Term for a single option term (“ Site Agreement Option Term”) lasting for a period of up to ten (10) years or until the date that the Umbrella MOU’s Term (as extended) expires, whichever occurs first, pursuant to the following procedure: If City desires to extend the Term, at least sixty (60) days prior to the expiration of the initial Site Agreement Term, City will give notice to the District stating City’s desire to extend the Site Agreement Term 6 as set forth above. The District shall respond to such notice within thirty (30) days of the District’s receipt of such notice by stating that it either agrees or refuses to the proposed extension. If the District does not agree to extend the initial Term, the Site Agreement Term will automatically terminate on the Site Agreement Expiration Date.
8. Project Funding Sources and Uses. T
he funding sources, amounts, and eligible funding
activities are as described in Exhibit 2: Project Budget Sources & Uses.
9. Terms of Repayment or Reimbursement between Parties. [Reserve if not needed]
10. Project Delivery Roles and Responsibilities. [Use only if different then Umbrella MOU]
Project delivery roles per Article 5 and Article 7 of Umbrella MOU. If different, [insert change in roles here].
11. Restrictions and Limitations on Use.
a. The District shall retain ownership, possession, and control of all Project Sites for District operations, which will at all times be superior to City’s interest and City shall not interfere with the District’s use and operation of any portion of the Project Sites or any other District property for any purpose. Nothing in this Site Agreement shall limit, restrict, or prohibit the District from entering into agreements with third parties regarding the use of any Project Site and surface improvements, provided, however, that any such third-party use does not unreasonably interfere with City’s rights under this Site Agreement. The District shall have the right to inspect (for purpose) the Project for adherence to District requirements and timely completion of work.
b. No Illegal Uses or Nuisances: C
ity shall not use or occupy any Project Site in any
unlawful manner, for any illegal purpose, or in any manner that constitutes a nuisance. City shall take all reasonable precautions to eliminate or minimize any nuisances or hazards the City’s use or occupation of any Project Site, or to the extent caused by City, the SFPUC, or their respective officers or employees in connection with their use of the Project Sites.
c. Waste:
City shall not commit, or suffer to be committed, any waste upon the Project Site, or place any harmful liquids, debris, or other materials in the plumbing, sewer, or storm water drainage system of any Project Site. No waste materials or refuse shall be dumped by City upon or permitted to remain upon any part of the Project Site except in trash containers designated for that purpose.
12. [RESERVED]
13. Responsibility. City shall be solely responsible to make payment for any service or work performed in connection with the design and construction of the Project. City shall administer and resolve any claims or disputes that may arise in connection with the design and construction of the Project. District shall assume no liability for loss or damage to personal property or injuries to or deaths of agents, contractors, or employees of City by reason of the City’s exercise of privileges 7 given in this Agreement. City shall indemnify and hold District harmless from any damage caused by the City’s activities authorized in this section, except to the extent such damage was caused by District's negligence or willful misconduct. City shall either reimburse the District for any damage or destruction to the Site, or other property, occurring by reason of the City’s exercise of rights granted, or replace or restore said property to its preexisting condition.
The Agreement is made on the express condition that District shall not be liable for, or suffer loss by reason of, injury to person or property, from whatever cause in any way connected with the condition or City’s use or occupancy of the Project Site specifically including, without limitation, any liability for injury to the person or property of the City, its agents, officers, employees, licensees and invitees,. City shall keep the Project Site clear of all liens, encumbrances and/or clouds on District’s title to any portion of the Project Site that arise out of the City’s activities under this Agreement.
14. Maintenance Hours.
City’s right to enter the Property to complete maintenance activities pursuant to this Site Agreement shall be limited to [weekdays, weekends, holidays] between the hours of [8:00 AM to 5:00 PM] . In no event shall City have the right to enter the School Site on weekdays or when school is in session, unless the District provides written permission. City to provide written notice to the District at least 48 hours prior to required access.
15. Site-Sp ecific Laws. In addition to the requirements of Article 4 [Compliance with Laws; Licensing] of the Umbrella MOU, the following laws apply to this specific Site Agreement:
The Parties shall not use or permit the School Site to be used in whole or in part for any purpose or
use in violation of the laws or ordinances applicable thereto. City shall indemnify, defend, and hold District harmless against any loss, expense, damage, attorneys' fees or liability arising out of City’s failure to comply with any applicable law, regulation, rule or ordinance, except to the extent caused by the District’s negligence or misconduct.
16. Division of State Architect (DSA) Coordination and Approval. T he Parties will
cooperate to confirm with DSA whether the District may delegate certain of its construction phase statutory duties to City for purposes of holding contracts with DSA Inspector and/or testing laboratories, or agree to another method for adhering to DSA IR A-24 (Construction Phase Duties of the School District, Design Professional and Contractor) requirements. Apart from this cooperation, City is responsible for producing a design that meets DSA requirements. City will reimburse District for all costs paid by District for DSA inspections, testing, and other DSA requirements, to the extent they are associated with the Green Infrastructure or the Other Project Improvements. District will pay for all such costs associated with Non-Project Improvements.
17. City’s Access to Project Site . T
he District hereby confers on City and City’s officers, employees, Contractors, and Invitees throughout the Site Agreement Term the nonpossessory reasonable, limited access rights to enter the Project Site specified in the Site Agreement to install, construct, operate, maintain, repair, replace, and remove the Green Infrastructure [and Other Project Site Improvements / and Non -Project Improvements] and use the subject Project Site for such purposes. It is underst ood that the City’s Use of the Project Site may result in minor disruptions of the normal use to the District Parcel. The City will complete all Non -Project Improvements as soon as reasonably possible after City has completed the Green Infrastructure.
Working hours and restrictions shall be in compliance with the Special Conditions. 8 18. Project Construction.
a. City shall enter into a Construction Contract with a licensed Contractor pursuant to the Umbrella MOU. Prior to the commencement of construction, City will submit to the District for its review and written approval an overall construction schedule, including the sequencing and staging of all construction activities, anticipated project deliveries, scheduled utility shutdowns, and any other activities that may impact the Districts use of the facility. City shall require Contractor to have examined the Site and certifies that it accepts all measurements, specifications and conditions affecting the Project to be performed at the Site, to the extent the Contractor has access to the information necessary to confirm the accuracy of such items.
b. From commencement of construction through completion of the project punchlist following Substantial Completion, unless agreed to in writing by the District, the City shall maintain a full- time on-site Construction Manager, as required by the Umbrella MOU. The Construction Manager shall duly notify the City Project Manager and the District Project Manager of on -site occurrences, including conversations with school site staff, construction site incidents, disputes, or injuries, and any Project construction issue that reasonably requires escalation. c. The City shall keep District staff informed as to the status and completion of the Project. City shall at its own expense obtain all necessary environmental and governmental approvals and permits, including, without limitation, the C alifornia Environmental Quality Act ("CEQA") requirements, any necessary approvals from any local or state authority including any site, grading, zoning, design review and other required permits or approvals, if applicable, prior to commencing construction and shall provide District with evidence of approval by all applicable governmental agencies.
d. City shall be responsible for ensuring that all Green Infrastructure work is performed in strict compliance with the approved SWPPP, Rain Event Action Plan, Active Treatment Systems, and the Construction Stormw ater permit issued, as required by applicable law.
e. All construction activities that City or its Contractors or subcontractors perform shall comply with the Environmental Protection Agency’s National Pollutio n Discharge Elimination System program and the Clean Water Act to prevent storm water pollution and a SWPPP) approved by the appropriate governing authority, if applicable.
f. City and any person performing work for construction of the Green Infrastructure on the City’s behalf shall exercise reasonable precautions to avoid damage and protect persons or property while on the Project Site and any adjacent staging area.
District assumes no liability for loss or damage to property or injuries to or deaths of agents, contractors, or employees of City that result from the City’s exercise of privileges given in this section.
9 g. City shall ensure that Contractor shall perform, diligently prosecute and complete the Project in a good and workmanlike manner within the Agreement Time, and in strict conformity with all Exhibits, and that Contractor provides competent supervision of personnel employed on the job Site, use of equipment, and quality of workmanship.
19. Contractor(s) Insurance. C
ity shall cause its Contractor(s) enga ged pursuant to the Construction Contract(s) with respect to the proposed installation and construction of the Green Infrastructure at the Project Site to maintain the following levels of insurance at all times while performing services on or about the Project Site in accordance with the Umbrella MOU and the Construction Contract(s):
a. CONTRACTOR’S INSURANCE: Contractor shall procure and maintain for the dur
ation of the contract insurance against claims for injuries to persons or damages to property which ma y arise from or in connection with the performance of the work hereunder and the results of that work by the Contractor, his or her agents, representatives, employees or sub-providers.
i. Commercial General Liability. Minimum $2,000,000 per occurrence, $4,000,000 aggregate, including coverage for property damage, bodily injury, personal & advertising injury, products and completed operations, and liability assumed under an insured contract.
ii. Commercial Automobile Liability. Minimum amount of $1,000,000 per accident for bodily injury and property damage covering any auto, including all vehicles that are owned, non- owned, and hired and personal injury protection.
iii. Workers' Compensation. As required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with a limit of no less than $2,000,000 per accident for bodily injury or disease. iv. Professional Liability (Errors and Omissions) Insurance. Appropriate to Provider’s profession, with limits not less than $2,000,000 per occurrence or claim and $4,000,000 aggregate.
b. OTHER INSURANCE PROVISIONS
i. Additional Insured: With the exception of Workers’ Compensation and Professional Liability insurance, and to the fullest extent permitted by law, San Francisco Unified School District, its Board, officers, officials, employees, and volunteers shall be named additional insureds with respect to liability arising out of the Services performed by or on behalf of the Provider under this Agreement.
ii. Primary and Noncontributory: For any claims related to this Agreement, Contractor’s insurance coverage shall be primary insurance coverage. Any insurance or self-insurance maintained by the District shall be excess of the Contractor’s insurance and shall not contribute with it. 10 iii. Transfer of Rights of Recovery against Others to Us (Waiver of Subrogation): Contractor hereby grants to the District, a waiver of any right to subrogation which any insurer of said Contractor may acquire against the District, its Board, officers, officials, employees, and volunteers by virtue of the payment of any loss under such insurance, to the extent commercially feasible. Contractor shall obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the District, its Board, officers, officials, employees, and volunteers have received a Transfer of Rights of Recovery against Others to Us endorsement from the insurer(s).
iv. Severability of Interest: A severability of interest provision must apply for the additional insureds, ensuring that Contractor’s insurance shall appl y separately to each insured against whom a claim is made or suit is brought, except with respect to the policies’ limits.
v. Broader Coverage: If the Contractor maintains broader coverage and/or higher limits than the minimums shown above, the District requires and shall be entitled to the broader coverage and/or higher limits maintained by the Contractor. No representation is made that the minimum insurance requirements of this Agreement are sufficient to cover the obligations of Contractor hereunder.
c. Acceptability of Insurers: Unless otherwise acceptable to the District , all insurance is to be placed with insurers authorized to conduct business in California with a current A.M. Best’s rating of no less than A:VII, or approved by the Surplus Lines Association to do business in California.
d. Claims Made Policies: If any of the required policies provide claims-made coverage:
i. The Retroactive Date must be shown, and must be before the date of the contract or the beginning of contract work. ii. Insurance must be maintai ned and evidence of insurance must be provided for at least five (5) years after completion of the contract work.
iii. If coverage is canceled or non -renewed, and not replaced with another claims -made policy form with a Retroactive Date prior to the contract effective date, the Contractor must purchase “extended reporting” coverage for a minimum of five (5) years after completion of work.
e. Subcontractor Insurance: Should the Contractor use any subcontractor(s) to perform services under this Agreement, Contractor shall be responsible for ensuring that such subcontractor(s) procure and maintain insurance and limits appropriate to the nature and scope of services provided. Contractor shall collect Certificates of Insurance evidencing coverage(s) and limits of insurance, and with the exception of Workers’ Compensation and Professional Liability policies, the Contractor and the District shall be included as additional insureds for all ongoing and completed operations of the subcontractor(s).
f. District’s Right to Modify Insurance Requirements: District reserves the right to modify these requirements, including limits, based on the nature of the risk, prior 11 experience, insurer, coverage, or other special circumstances. g. Notice of Cancellation: No policy required to be maintained by Contractor shall be canceled, nonrenewed, or materially altered without thirty (30) days prior written notice to the District, except where cancellation is due to the nonpayment of premium(s) in which event, ten (10) days prior written n otice to the District shall suffice. For contracts in which the total compensation to the Contractor is one million dollars ($1,000,000) or more, a policy endorsement is required to obligate Contractor’s insurance carrier to notify the District directly of policy cancellations. h. Verification of Coverage: Prior to the commencement of services pursuant to this Agreement, Contractor shall furnish the District with insurance certificates and amendatory endorsements for the Additional Insured and Primary and Noncontributory provisions, or copies of the applicable policy language evidencing the insurance coverage and limits required by this Agreement. The District reserves the right to require additional amendatory endorsements and complete copies of any policy(ies) required hereunder at any time. Acceptance of the Certificates of Insurance by the District does not relieve Contractor of the insurance requirements, nor decrease the liability of Contractor under this Agreement. It is the Contractor’s responsibility to ensure compliance with these insurance requirements. Any actual or alleged failure on the part of the District to obtain proof of insurance required under this Agreement shall not in any way be construed to be a waiver of any right or remedy of the District, in this or any regard.
20. District Acceptance Procedure for Other Site Improvements and Non -P roject
Improvements. Article 8 of the Umbrella MOU sets forth the acceptance procedure. [In addition to that process, the following additional actions are required pursuant to this Site Agreement:]
21. Post-Co nstruction Operation and Maintenance . After Final Completion of Project construction, the Parties shall operate and maintain the Green Infrastructure pursuant to the Site - Specific Operations and Maintenance Plan attached as Exhibit 6, and pursuant to the process, roles, and responsibilities outlined in the Umbrella MOU. City shall have no obligation to operate or maintain any Other Project Site Improvements or Non-Project Improvements.
22. SFPUC Pr
operty to be R emoved or Modified . On or before City’s surrender of the Project Site pursuant to Article 16 [Surrender] of the Umbrella MOU, City shall remove or modify the Green Infrastructure at the Project Site. (collectively, “ Property to be Removed”) identified in the attached Exhibit 4. Upon removal or modification of the Green Infrastructure, City shall restore District’s property to a condition substantially similar to its original condition or better and ensure the property is safe for District use.
23. Termination for Convenience by City. C
ity shall have the option, in its sole discretion,
to terminate this Site Agreement at any time for convenience and without cause, as long as the City either completes any work under active construction or restor es District’s property to its original condition or better and ensures the property is safe for District use. City shall exercise this option by giving the District written notice that specifies the effective date of termination.
Upon receipt of the notice of termination, the District and City shall undertake with diligence all necessary actions to effect the termination of this Site Agreement on the date specified by City and minimize the liability of City and the District to third parties. 12 24. Termination by District
a. Termination for Convenience. The District shall have the option, in its sole discretion, to terminate this Site Agreement at any time for convenience and without cause . The District agrees to work in good faith to close out this Site Agreement and to evaluate if termination of only minimal scope of the project is feasible and/or find an alternative site with comparable stormwater performance for the project. District shall exercise this option by giving City written notice of the termination, which will be effective as of the date City receives notice. b. Termination After the Start of Construction. After the commencement of construction of a Green Infrastructure Project, the District may not terminate the Site Agreement for that Green Infrastructure Project for any reason other than an uncured City Event of Default with respect to City’s obligations under the Umbrella MOU Umbrella Agreement or this Site Agreement, unless such termination is necessary for the health and safety of students as determined by SFUSD Board of Education, in the event of a force majeure event, or as allowed in the Umbrella Agreement or in this Section. The District may request early termination of thi s Site Agreement for a reason other than for an uncured City Event of Default, if the District agrees (1) to relieve the City of any obligation to remove or modify the Green Infrastructure, under Article 16 of the Umbrella MOU Umbrella Agreement and Sectio n 20 of this Site Agreement, and (2) to evaluate if any of the Green Infrastructure can remain.
c. Termination in the Event of Sale, Lease, or other Conveyance of Project Site. Th e
District shall have the option, in its sole discretion, to terminate this Site Agreement at any time in the event of a Board action to sell, lease, exchange, or otherwise convey or dispose of all or a portion of the Project Site.
25. Default and Remedies. A
n event of default (a “Default”) under this Site Agreement shall occur when one of the Parties (a “Breaching Party ”) fails to comply in a material manner with any of its obligations or representations made under this Site Agreement, if the failure continues for ninety (90) days after the date of notice from the other Party (a “ Nonbreaching Party ”) specifying such failure, or, if such default is not capable of cure within the ninety (90)-day period, the Breaching Party fails to promptly undertake action to cure such failure within such ninety (90)- day period and thereafter fails to use reasonable diligence to complete such cure within sixty (180) days after the Nonbreaching Party’s notice.
In the event the Nonbreaching Party elects to terminate a Site Agreement, the Nonbreaching Party will
deliver at least sixty (60) days’ prior notice of termination to the Breaching Party, specifying the subject Site Agreement. If City is the Breaching Party, City will remove the Property to be Removed identified in such Site Agreement from the affected Project Site and comply with City’s obligations under the Umbrella MOU. If City does not remove its Green Infrastructure within the specified periods, the District will be entitled to remove City’s Property to be Removed from the Project Site. If District is the Breaching Party, then the City shall be relieved of its obligations under the Umbrella MOU, and District shall maintain the Green Infrastructure for the remainder of its useful life.
13 26. Amendments. No part of this Site Agreements may be changed, waived, discharged, or terminated orally, nor may any breach thereof be waived, altered, or modified, except by a written instrument executed and approved in the same manner as this Agreement; provided, however, that both parties agree to said amendment which shall be subject to Board ratification/ap proval as applicable.
27. Force Majeure. The Parties shall be excused from performance hereunder during the time and to the extent that they are prevented from obtaining delivery, or performing by act of God, fire, strike, loss, or shortage of transportation facilities, lock -out, commandeering of materials, products, plants, or facilities by the government, when satisfactory evidence thereof is presented provided that it is satisfactorily established that the non -performance is not due to the fault or neglect of the Party claiming force majeure.
28. Independent Status.
This Agreement is by and between two independent entities and is not intended to and shall not be construed to create the relationship of agent, servant, employee, partnership, joint venture, or association.
29. Confidentiality. Th
e Contractor shall maintain the confidentiality of all information, documents, programs, procedures, and all other items that Contractor encounters while performing the Contractor’s Work to the extent allowed by law. This requirement shall be ongoing and shall survive the expiration or termination of this Contract and specifically includes all student, parent, and disciplinary information.
30. Time is of the Essence. Time is
of the essence in the performance of and compliance with each of the provisions and conditions of this Contract.
31. Umbrella MOU Incorporated by Referenc e.
This Site Agreement incorporate the
provisions of the Umbrella MOU as though fully stated herein.
32. Incorporation of Preamble, Recitals and Exh ibits.
The Recitals and each Exhibit
attached hereto are hereby incorporated herein by reference.
[S
IGNATURES ON FOLLOWING PAGE]
14 The District and City have executed this Site Agreement as of the date last written below.
CITY:
CITY AND COUNTY OF
SAN FRANCISCO, a municipal corporation,
operating by and through its PUBLIC
UTILITIES COMMISSION
By:____________________________
Dennis Herrera
General Manager
Date: ______________________________
APPROVED AS TO FORM:
DAVID CHIU,
City Attorney
By: ________________________________
Tyson Arbuthnot, Deputy City Attorney
DISTRICT:
SAN FRANCISCO UNIFIED SCHOOL
DISTRICT, a California public school district
By: _________________________________
Its: _________________________________
By: _________________________________
Its: _________________________________
Date:___________________________
EXHIBITS
EXHIBIT 1 Project Limit of Work & Approved Schedule
EXHIBIT 2 Project Budget Sources & Uses
EXHIBIT 3 SFPUC Green Infrastructure and Other Project Site Improvements
EXHIBIT 4 SFPUC Property to be Removed or Modified
EXHIBIT 5 District Funded Non-Project Improvements
EXHIBIT 6 Site-Specific Operations and Maintenance Plan
EXHIBIT 7 S ite-Specific District Special Conditions
2-1
EXHIBIT 1
Project Limit of Work & Approved Schedule
[Attach Depiction of Project Site]
2-1
EXHIBIT 2
Project Budget Sources & Uses
[Include budget by funding source any any relevant expenditure limitation detail] 3-1
EXHIBIT 3
SFPUC Green Infrastructure and Other Project Site Improvements
[Attach List and Illustration]
A. The Green Infrastructure to be installed on the Project Site are the following:
1. [Description of Green Infrastructure]
2. [Description of Green Infrastructure]
3. [Description of Green Infrastructure]
B. The Other Project Site Improvements to be installed on the Project Site are the following:
1. [Description of Other Project Site Improvements]
2. [Description of Other Project Site Improvements]
3. [Description of Other Project Site Improvements]
4-1
EXHIBIT 4
SFPUC Property to be Removed or Modified
[Attach List and Illustration]
A. The Green Infrastructure to be removed or modified at the Project Site upon the termination of this Site Agreement consists of the following:
1. [Description of Green Infrastructure]
2. [Description of Green Infrastructure]
3. [Description of Green Infrastructure]
5-1
EXHIBIT 5
District Funded Non-Project Improvements
If none, then: [NONE]
If there are Non-Project Improvements, then:
[Pursuant to Se
ction 5.6 [District Requests for Additional Construction Work] of the Umbrella MOU , the District has requested, and City has agreed to install or construct, the following Non- Project Improvements.
1. [
Describe Non-Project Improvements]
2. [Describe Non-Project Improvements]
3. [Describe Non-Project Improvements]
6-1
EXHIBIT 6
Site-Specific Operations and Maintenance Plan
[Attach copy of Site-Specific Operations and Maintenance Plan]
6-1
EXHIBIT 7
Site-Specific District Special Conditions
[Attach copy of Site-Specific Special Conditions]
Green Infrastructure Operations and Maintenance Plan for [SCHOOL NAME] [ADDRESS]
The SFPUC and District agree to the following terms for the Operations and Maintenace of green infrastructure at [SCHOOL NAME].
• Summary of agency responsibility for maintenance and proposed maintenance plan, including agreed upon level of service for each BMP type proposed • Estimated labor hours and associated costs
• Formal start and end dates for the maintenance period • Annual reporting requirements, if applicable
Maintenance Responsibility Table for Typical BMP Components Maintenance Category Frequency Maintenance Activities BMP Component (PM) Typical / Preventative Maintenance Hand water, Prune & Trim Planting Remove Weeds and Litter Planting and Mulch
Spot Mulch Mulch
Underdrain and cleanouts
Bubbler structure
Street inlet structure
Splash pad / forebay
Street curbcut inlet
Street curbcut outlet
Culvert/inlet pipe
(RM) Remedial Maintenance Replace periodic dead plants Planting Re-mulch Mulch
Shallow Aeration / Tilling Soil media
Snake or jet pipe Underdrain, cleanouts & culvert
Deep aeration Soil media
Replace missing or eroded material Soil media and mulch Remove Contaminants / Spills Planting, Mulch, Soil Media, Drain Rock Re-level if unwanted ponding occurs Splash pad / forebay (CM) Corrective Maintenance Repair broken pipe Culvert and Underdrain and cleanouts Bubbler structure
Street inlet structure
Cleanouts
Street curbcut inlet
Street curbcut outlet
Concrete splash pad / forebay
Concrete curb walls
Check dams
Remove & replace clogged material Aggregate rock storage layer (R&R) Replacement and Rehabilitation
Replant entire system Planting
Soil media
Check dams
Aggregate rock storage layer
Underdrain and cleanouts
Street curbcut inlet
Street curbcut outlet
Culvert/inlet pipe
Concrete splash pad / forebay
Concrete curb walls
Bubbler structure
Bioretention Planters
Concrete Surfaces
Signage & Accessories
Splash pad / forebay
Remove Litter & Graffiti Quarterly or As-Needed
Custodial Maintenance
As-Needed
CM is maintenance which is required when a portion or component of an installation begins to fail or has failed.
Corrective maintenance keeps the installation in working order, or corrects a failure of a component of the installation that has occurred or is in the process of occurring. This activity may consist of repair, restoration or replacement of individual components of the installation, not the entire installation. A type of corrective maintenance is Emergency Maintenance- corrective maintenance carried out as fast as possible in order to bring failed components of an installation back to a safe and operationally efficient condition.
Repair damaged frame and/or grate
Repair concrete chips and cracks
As-Needed
R&R is the reconstruction and replacement action performed on an installation after the occurrence of a failure of the entire installation. The goal of R&R is to rebuild the installation to its original condition and reestablish the designed performance levels of the installation. A type of R&R is breakdown maintenance, which is maintenance performed after the occurrence of an advanced catastrophic failure of the entire installation. R&R is different from Corrective Maintenance in that its activities affect the entire installation, not just components of the installation.
Excavate & replace entire component
Re-level concrete pad
PM is a set of maintenance activities performed on Green Infrastructure at predetermined intervals or according to prescribed criteria before the occurrence of a failure. These activities are intended to protect the installation, reduce the probability of failure and prevent or eliminate the degradation of the functions of the installation.
Clean obstructing debris & sediment
Annually
RM is performed as required, on a scheduled or unscheduled basis in order to keep the installation in proper operating condition. This maintenance consists of a set of activities that are performed to eliminate an identified source of potential failure before that failure occurs. A type of remedial maintenance is condition-based predictive maintenance, which depends on continuous or periodic condition monitoring of the installation to detect and identify the signs of potential failure.
Quarterly
Visitacion Valley Green Nodes
LELAND AVENUE RAIN GARDEN
Total Area of LID 2,747 sq. ft.
Number of Bioretention Cells 6
0 8 16 24 feet
Leland Avenue Rain Garden GI Maintenance Requirements
ACTIVITY
monthly semi-annually annually as needed
APPROX. 3-5 YEARS
• Remove debris from
inlets and outlets.
• Remove sediment/silt
accumulations.
• Add mulch to bare
areas.
• Aerate soil to
ensure proper
drain time.
• Re-mulch.
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Replace dead or diseased
plants.
• Regrade soil surface if
erosion, scouring or
settling has occurred.
• Prune vegetation that
inhibits line of sight at
intersections.
• Prune or remove
vegetation that interferes
with facility O&M.
• Test to ensure
proper irrigation
system function
and sprinkler
head adjustment-
make appropriate
repairs (at end of
rainy season).
• Repair any
rodent borrowing
damage and
eradicate rodents.
SFPUC Green Infrastructure Assets
*
LELAND AVE
VISITACION AVE
MCLAREN PARK
COMMUNITY GARDEN
GI-VIS-VVG-BRS01
GI-VIS-VVG-BRS02
GI-VIS-VVG-BRS03
GI-VIS-VVG-BRS04 GI-VIS-VVG-BRS05
GI-VIS-VVG-BRS06
• •
•
Inlet Structure
Overflow Area Drain
Underdrain Cleanout
Trench Drain
Sandtrap
*
•
• Maximo Facility ID
Bioretention System
Flow Direction
Check Dam
Total Area of Stormwater Planters 524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feet Number of Stormwater Planters 4
Number of Permeable Pavement Parking Strip 4
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Aerate soil to ensure
proper drain time.
• Re-mulch.
• Replace dead or diseased plants.
• Regrade soil surface if erosion,
scouring or settling has occurred.
• Prune vegetation that inhibits line of
sight at intersections.
• Prune or remove vegetation that
interferes with facility O&M.
• Test to ensure proper
irrigation system
function and sprinkler
head adjustment- make
appropriate repairs (at end
of rainy season).
• Repair any rodent
borrowing damage and
eradicate rodents.
GI-XXX-XXX-XXX##
Legend
*
*
*
•
*• •
•
*
*
*
*
*
*
**
Total Area of Stormwater Planters
524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feetNumber of Stormwater Planters 4 Number of Permeable Pavement Parking Strip 4
• Remove litter.• Remove weeds.
• Trim vegetation as needed to maintain desired appearance.
• Aerate soil to ensure proper drain time.• Re-mulch.
• Replace dead or diseased plants.• Regrade soil surface if erosion, scouring or settling has occurred.• Prune vegetation that inhibits line of sight at intersections.• Prune or remove vegetation that interferes with facility O&M. • Test to ensure proper irrigation system function and sprinkler head adjustment- make
appropriate repairs (at end
of rainy season).• Repair any rodent borrowing damage and eradicate rodents.
Total Area of Stormwater Planters
524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feetNumber of Stormwater Planters 4 Number of Permeable Pavement Parking Strip 4
• Remove litter.• Remove weeds.
• Trim vegetation as needed to maintain desired appearance.
• Aerate soil to ensure proper drain time.• Re-mulch.
• Replace dead or diseased plants.• Regrade soil surface if erosion, scouring or settling has occurred.• Prune vegetation that inhibits line of sight at intersections.• Prune or remove vegetation that interferes with facility O&M. • Test to ensure proper irrigation system function and sprinkler head adjustment- make
appropriate repairs (at end
of rainy season).• Repair any rodent borrowing damage and eradicate rodents.
SAMPLE
Total Area of LID 998 sq. ft.
Number of Bioretention Cells 2
0 8 16 24 feet
Sunnydale Mini-Plaza GI Maintenance Requirements
RUTLAND ST
SUNNYDALE AVE
ACTIVITY
monthly semi-annually annually as needed
APPROX. 3-5 YEARS
• Remove debris from
inlets and outlets.
• Remove sediment/silt
accumulations.
• Add mulch to bare
areas.
• Aerate soil to
ensure proper
drain time.
• Re-mulch.
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Replace dead or diseased
plants.
• Regrade soil surface if
erosion, scouring or
settling has occurred.
• Prune vegetation that
inhibits line of sight at
intersections.
• Prune or remove
vegetation that interferes
with facility O&M.
• T est to ensure
proper irrigation
system function
and sprinkler
head adjustment-
make appropriate
repairs (at end of
rainy season).
• Repair any
rodent borrowing
damage and
eradicate rodents.
SFPUC Green Infrastructure Assets
Visitacion Valley Green Nodes
SUNNYDALE AVENUE MINI-PLAZA
Overflow Structure
Check Dam
• Maximo Facility ID
Bioretention System
Flow Direction
Total Area of Stormwater Planters 524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feet Number of Stormwater Planters 4
Number of Permeable Pavement Parking Strip 4
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Aerate soil to ensure
proper drain time.
• Re-mulch.
• Replace dead or diseased plants.
• Regrade soil surface if erosion,
scouring or settling has occurred.
• Prune vegetation that inhibits line of
sight at intersections.
• Prune or remove vegetation that
interferes with facility O&M.
• Test to ensure proper
irrigation system
function and sprinkler
head adjustment- make
appropriate repairs (at end
of rainy season).
• Repair any rodent
borrowing damage and
eradicate rodents.
GI-XXX-XXX-XXX##
Legend
•
•
Total Area of Stormwater Planters 524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feet Number of Stormwater Planters 4
Number of Permeable Pavement Parking Strip 4
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Aerate soil to ensure
proper drain time.
• Re-mulch.
• Replace dead or diseased plants.
• Regrade soil surface if erosion,
scouring or settling has occurred.
• Prune vegetation that inhibits line of
sight at intersections.
• Prune or remove vegetation that
interferes with facility O&M.
• Test to ensure proper
irrigation system
function and sprinkler
head adjustment- make
appropriate repairs (at end
of rainy season).
• Repair any rodent
borrowing damage and
eradicate rodents.
Total Area of Stormwater Planters 524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feet Number of Stormwater Planters 4
Number of Permeable Pavement Parking Strip 4
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Aerate soil to ensure
proper drain time.
• Re-mulch.
• Replace dead or diseased plants.
• Regrade soil surface if erosion,
scouring or settling has occurred.
• Prune vegetation that inhibits line of
sight at intersections.
• Prune or remove vegetation that
interferes with facility O&M.
• Test to ensure proper
irrigation system
function and sprinkler
head adjustment- make
appropriate repairs (at end
of rainy season).
• Repair any rodent
borrowing damage and
eradicate rodents.
Total Area of Stormwater Planters 524 square feet
Total Area of Permeable Pavement Parking Strip 2,999 square feet Number of Stormwater Planters 4
Number of Permeable Pavement Parking Strip 4
• Remove litter.
• Remove weeds.
• Trim vegetation as
needed to maintain
desired appearance.
• Aerate soil to ensure
proper drain time.
• Re-mulch.
• Replace dead or diseased plants.
• Regrade soil surface if erosion,
scouring or settling has occurred.
• Prune vegetation that inhibits line of
sight at intersections.
• Prune or remove vegetation that
interferes with facility O&M.
• Test to ensure proper
irrigation system
function and sprinkler
head adjustment- make
appropriate repairs (at end
of rainy season).
• Repair any rodent
borrowing damage and
eradicate rodents.
GI-VIS-VVG-BRS07
GI-VIS-VVG-BRS08
SAMPLE
Leland Avenue Bioretention Cross-Section
Sunnydale Avenue Bioretention Cross-Section
Sunnydale Avenue Overflow Structure
Bioretention System Maximo Asset ID
Leland Avenue Inlet Structure Cross-Section
Leland Avenue Sandtrap
Leland Avenue Overflow Area Drain
Leland Avenue Cleanout
Visitacion Valley Bioretention
Asset Type GI-VIS-VVG-BRS01 GI-VIS-VVG-BRS02 GI-VIS-VVG-BRS03 GI-VIS-VVG-BRS04 GI-VIS-VVG-BRS05 GI-VIS-VVG-BRS06 GI-VIS-VVG-BRS07 GI-VIS-VVG-BRS08 Checkdam CKDM-0126 -- CKDM-0127 CKDM-0128 -- -- CKDM-0129 -- Aggregate DAGM-0066 DAGM-0067 DAGM-0068 DAGM-0069 DAGM-0070 DAGM-0071 DAGM-0072 DAGM-0073 Distribution Pipe EQDP-0022 EQDP-0023 -- -- EQDP-0024 EQDP-0025 to 28 -- -- Inlet Structure INLS-0014, -0015 -- -- -- -- INLS-0016, -0017 -- -- Irrigation IRRG-0041 IRRG-0042 IRRG-0043 IRRG-0044 IRRG-0045 IRRG-0046 IRRG-0047 IRRG-0048 Media MDIA-0065 MDIA-0066 MDIA-0067 MDIA-0068 MDIA-0069 MDIA-0070 MDIA-0071 MDIA-0072 Overflow Structure -- OVFS-0013 -- -- OVFS-0014 OVFS-0015 OVFS-0016 OVFS-0017 Trench Drain -- -- TRDR-0015 -- -- -- -- --
Underdrain UNDR-0023 UNDR-0024 UNDR-0025 UNDR-0026 UNDR-0027 -- -- -- Sand Trap -- -- -- -- -- SDTP-0001 -- --
V-Ditch -- -- -- -- -- VDCS-0001 -- --
Backflow Preventer -- -- -- -- -- BFPR-8015 BFPR-8014 -- SAMPLE
Annual Self-Certification Checklist Instructions
August 2018
BIORETENTION SWALE
(AKA: Conveyance Swale; Vegetated Swale; Grassy Swale)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwate r Management Ordinance; BMP: Best Management Practice (Vegetated Swale/Bioswale) ; GI:
Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Several maintenance-related factors can lead to anaerobic soil conditions that create unpleasant odors in GI installations. Any installation that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria in anaerobic soils, along with decaying organic materials, can cause these odors.
Maintenance Solution:
See Item #2 below for more information on ponded water and extended drawdown time.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
2 Extended drawdown
time (Ponded water >
48 hrs)
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours can lead to several problems such as lack of filtration capacity, unpleasant odors, plant die-off, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• crusting or sealing of the bioretention soil surface via accumulation of fine-grained soil, organic matter, etc. • heavily compacted bioretention soil
• large amounts of sediment accumulation in the bioretention soil • blocked, clogged, or broken underdrains
• blocked or clogged outflow structures and/or sand traps • the improper use of weed barrier fabric or geotextiles in the planter structure
Maintenance Solution:
Infiltration testing can determine if soil compaction or sediment clogging may be the cause of the problem, which can be remedied by scarifying, tilling, shallow or deep aerating, or by replacing the soil in extreme cases.
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout or by running a garden hose into the cleanout and determining if the water flows freely or backs up and overtops the cleanout pipe. Video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure. Inspecting the outflow structure or sand trap can be done by removing the lid or grate from the structure and visually inspecting for standing water or excessive debris accumulation. Clogged underdrains and outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer and by removing accumulated debris and sediment from the bottom of the structure with hand tools or by use of a vactor truck.
If weed barriers are determined to be the cause of ponding, removal of the weed barrier within the footprint of the vegetated swale is required. The removal of clogged subsurface geotextiles requires the excavation of the bioretention soil. 3 Excessive trash /
debris accumulation
Area of Concern:
Excessive trash or debris accumulation causes problems in GI installations that extend beyond poor aesthetics. Trash and debris accumulation can inhibit plant growth, clog or inhibit the infiltration capacity of the bioretention soil, and clog outflow structure grates. Clogged or inhibited infiltration capacity could lead to extended drawdown times and unwanted ponding. Additionally, clogged outflow structure grates can lead to overflowing and flooding.
Maintenance Solution:
All trash and debris should be removed from vegetated swales before the start of the rainy season (October 15) or as frequently as site conditions dictate. All material should be discarded at an appropriate facility. 4 Visible surface
contaminants /
pollution
Area of Concern:
Visible surface contaminants and pollution can range from inert substances that can cause bioretention soil clogging to hazardous substances that impact plant, environmental, or human health. Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum-based substances, caustic chemicals, pesticides, and herbicides. These pollutants can often be identified by sight or smell when they become deposited on the surface of a vegetated swale.
Maintenance Solution:
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination. For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off and discarding the contaminated material at an appropriate facility. If bioretention soil is removed by the cleanup process, any lost bioretention soil materials must be replaced.
Hazardous substance cleanup will require specially trained and licensed contractors and special disposal conforming to local and national laws and regulations.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
5 Vandalism /
catastrophic damage
to components or
entire system
Area of Concern:
Vandalism can range from minor issues like graffiti or tearing out/stealing of plants to destruction of the entire irrigation system. Catastrophic damage can result from vehicles driving into or through the vegetated swale, trampling caused by large amounts of pedestrians or animals walking through the BMP, or construction/repair of nearby utilities and structures that impact the BMP.
Maintenance Solution:
Repair of vandalism can consist of simply removing graffiti or planting individual replacement plants. Catastrophic damage can involve completely reconstructing the BMP.
6 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a BMP that deviate from the approved construction documents included in the project’s SMR Maintenance Agreement Exhibit B. These modifications can take place during construction (i.e., soil or plant substitutions with inferior components) or can happen after the BMP is constructed (i.e., reducing the footprint of the BMP to accommodate an addition to a nearby structure).
Maintenance Solution:
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made. All unauthorized modifications must be corrected by returning the BMP to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B. 7 Excessive weed
growth
Area of Concern:
Noxious and invasive weeds must be removed when they cover more than 25% of the BMP surface. Noxious and invasive weeds are highly damaging to the natural and built environment. These weeds interfere with the beneficial use of the land, degrade biodiversity, and reduce the effectiveness of the vegetated swale.
Maintenance Solution:
Best practices call for weed removal on a monthly basis, regardless of cover percentage. Weed removal must include the entire root structure and the weeds must be disposed of at an appropriate facility to prevent spreading of invasive species. California’s Pest Prevention System (PPS) and the California Food and Agricultural Code (FAC) Appendix D set regulations and laws pertaining to weed removal and disposal. 8 Sediment
accumulation at curb
cut, forebay, or
planter low points
Area of Concern:
Sediment accumulation in BMPs is normal and expected. Sediment and debris can collect in the curb cut (or inlet structure), in the forebay (or rock cobble energy dissipater), or at the low point of vegetated swales.
Maintenance Solution:
Steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the BMP functioning properly.
This built-up sediment must be removed to ensure water can flow freely into and through the BMP as well as to maintain bioretention soil infiltration capacity.
Typical removal methods consist of scraping up sediment with shovels and properly disposing of the sediment at an approved facility.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
9 Erosion at inlet,
outlet, overflow,
check dams, swale
bottom, or side
slopes
Area of Concern:
Inflow, outflow, and water movement through a vegetated swale may cause erosion and scouring of the planter surface over time or immediately after construction during the plant grow-in period. Erosion and subsequent sediment deposition can be detrimental to the bioretention soil infiltration capacity, cause damage to plants, and create clogging in underdrains and outflow structures.
Maintenance Solution:
Repair measures must include identifying and correcting the cause of the erosion by adding flow dispersal measures to reduce channelized flow (i.e., rock cobble or rip-rap level spreader, etc.), repairing the erosion damage, and removing any sediment created by the erosion process. 10 Inlet, outlet, or
overflow structure
blockage
Area of Concern:
Trash, debris, and poorly-sited or overgrown plant material can create blockages at the inlet and outlet points or at the overflow structure of vegetated swale inhibiting the flow of water into, through, or out of the facility. Inlet blockages can cause stormwater flows to bypass the BMP or only allow partial flows into the BMP, creating a situation where the BMP is non-functioning or underperforming. Inlet, outlet, and overflow structure blockages can also create excessive ponding within and around the BMP, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecasted storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with hand tools and disposed of at an appropriate facility. Poorly-sited or overgrown plant material can be transplanted to another location within the BMP or discarded as compost. Overflow structure grates, sumps, and traps must be cleared of debris by hand, hand tools, or a vactor truck.
11 Irrigation system
damaged, leaking, or
out of adjustment
Area of Concern:
Damaged or leaking irrigation systems are identifiable by the presence of ponded water or wet spots in the planter during dry periods, Malfunctioning irrigation systems can also be identified by dry areas in the planter and evidence of browning or wilting plants that show signs of under-watering. Systems that are out of adjustment are identifiable by observation during the irrigation cycle. Sprinkler head patterns must be observed to determine that the spray pattern does not deposit water on surrounding paved surfaces or nearby structures.
Maintenance Solution:
Irrigation systems must be maintained year-round by a qualified professional. This maintenance includes the repair of leaks, the adjustment of irrigation head spray patterns to avoid buildings and paved surfaces and the inspection, testing, and certification of backflow prevention devices. It is recommended that irrigation systems in vegetated swale are only utilized through the plant establishment and warranty phases of the project. Once the plant material has been established and out of warranty, continued irrigation should not be necessary if proper plants were specified for the installation. 12 Dead, diseased,
dying, or missing
plants
Area of Concern:
Plants play an important role in the function of a bioretention system. In addition to supporting evapotranspiration, plant roots help aerate the soil and minimize soil compaction, replenish organic materials in the soil, and provide a habitat for beneficial bacteria that aid in the biological breakdown and mitigation of pollutants deposited by stormwater into the bioretention soil. For a vegetated swale to function properly, it needs consistent and healthy plant cover. Bare spots resulting from missing plants give invasive weeds an opportunity to grow.
Maintenance Solution:
Dead, diseased, dying, or missing plants must be replaced. If a large amount of plants have died off, consult with a horticultural expert on the cause of the die- off, and remedy the cause before replanting.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
13 Mulch – large bare
spots / eroded mulch
areas
Area of Concern:
Rock and organic mulch helps to minimize weed growth, prevent erosion, and scour of the planter surface, and helps prevent the soil surface from losing moisture and crusting during dry periods.
Maintenance Solution:
Any bare spots on the planter surface where the bioretention soil is visible must be re-covered with mulch. The added mulch must meet the specs of the material thickness and type used during construction.
If the facility was installed with organic mulch, do not substitute bark, “gorilla hair,” or recycled kiln dried lumber type mulches as replacement materials because these types of mulches are floatable materials than can cause other maintenance problems in vegetated swales (i.e., clogging of the overflow structure). If the facility was installed with rock mulch, select a replacement product of similar or larger size to resist washing out. Do not substitute rock mulch materials with high fines content or recycled materials.
14 Vegetation
obstructing line of
sight at roadway or
intersection
Area of Concern:
If vegetated swales are located close to a roadway or intersection, overgrown plants may cause a hazardous condition by blocking the vision of motorists, bicyclists, and pedestrians.
Maintenance Solution:
Regular pruning on a quarterly basis can alleviate obstructed lines of sight, while maintaining the desired plant coverage in the facility. Pruning should only be done by trained landscape professionals in accordance with established horticultural practices and standards. 15 Vegetation blocking
in-flow at curb cut /
inlet structure
(if applicable)
Area of Concern:
Poorly sited, spreading, or overgrown plant material can create blockages at the inlet point of a vegetated swale. This plant material can block stormwater flows from entering the facility, potentially causing stormwater to pond upstream of the inlet or bypass the unit entirely. If stormwater cannot enter the vegetated swale, or less than the designed volume of stormwater is able to enter, the function of the facility will be significantly diminished.
Maintenance Solution:
Any plant material that blocks the inlet of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and discarded. Pruning, thinning and transplanting should only be done by trained landscape professionals in accordance with established horticultural practices and standards. 16 Vegetation blocking
Operation &
Maintenance of other
components
Area of Concern:
Poorly-sited, spreading, or overgrown plant material can interfere with or block the Operation & Maintenance (O&M) of other key components of a vegetated swale. Some of the bioretention components that may interfere with O&M are: outlet structures, underdrains, and irrigation components.
Maintenance Solution:
Any plant material that blocks the O&M of key components of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and discarded correctly. Pruning should only be done by trained landscape professionals in accordance with established horticultural practices and standards.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
17 Structural damage
(planter edges, check
dams, or outlet
structure)
Area of Concern:
Minor damage to structural components such as curbs, walls, trench drains, and outlet structures should be repaired on a yearly basis. More significant structural damage, such as damage caused by auto accidents, nearby construction work, or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Minor repairs can consist of, but are not limited to, patching chips and cracks to concrete structures and resetting outlet structure frames and grates. Major repairs can consist of removal and replacement of damaged curbs, walls, outflow structures, or structural bracing and supplemental reinforcement of failing structural components.
18 Rodent damage /
burrowing
Area of Concern:
Rodent damage and animal burrows in vegetated swales can cause structural, landscape, and stormwater flow-based issues. Burrows can undermine structural components, leading to unwanted settlement. Burrows may also create preferential flow paths through the section of a vegetated swale that differ significantly from the designed flow path, causing piping and erosion problems in the bioretention soil. Rodents can also damage plants and plant root systems.
Maintenance Solution:
If rodent / animal damage is observed, consult with a licensed professional pest control service for eradication, or trapping and relocation, as appropriate. 19 Mosquitos or
mosquito larvae
observed
Area of Concern:
Ponded water resulting from extended drawdown time beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #2 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806, or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
Annual Self-Certification Checklist Instructions
August 2018
UNLINED BIORETENTION
(AKA: Unlined bioretention cell, bioretention basin, bioretention planter, flow-through planter, stormwater planter, rain garden, bioretention swale)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP: Best Management Pra ctice (Bioretention Planter); GI: Green Infrastructure
Item
#
Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Several maintenance-related factors can lead to anaerobic soil conditions that create unpleasant odors in GI installations. Any installation that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria in anaerobic soils, along with decaying organic materials can cause these odors.
Maintenance Solution:
For more information on ponded water and extended drawdown time, see Item #2 below.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item
#
Inspection Item
Description Inspection Instructions and Explanation
2 Extended drawdown
time (Ponded water >
48 hrs.)
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours can lead to several problems such as; lack of filtration capacity, unpleasant odors, plant die-off, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• crusting or sealing of the bioretention soil surface via accumulation of fine-grained soil, organic matter, etc. • heavily compacted bioretention soil
• large amounts of sediment accumulation in the bioretention soil • blocked, clogged or broken underdrains
• blocked or clogged outflow structures and/or sand traps • the improper use of weed barrier fabric or geotextiles in the planter structure
Maintenance Solution:
Infiltration testing can determine if soil compaction or sediment clogging may be the cause of the problem, which can be remedied by scarifying, tilling, shallow or deep aerating, or by replacing the soil in extreme cases.
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout, or by running a garden hose into the cleanout and determining if the water flows freely, or backs up and overtops the cleanout pipe. Video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure. Inspecting the outflow structure or sand trap can be done by removing the lid or grate from the structure and visually inspecting for standing water or excessive debris accumulation. Clogged underdrains and outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer, and by removing accumulated debris and sediment from the bottom of the structure with hand tools or by use of a vactor truck.
If weed barriers are determined to be the cause of ponding, removal of the weed barrier within the footprint of the bioretention planter is required. The removal of clogged subsurface geotextiles requires the excavation of the bioretention soil. 3 Excessive trash /
debris accumulation
Area of Concern:
Excessive trash or debris accumulation causes problems in GI installations that extend beyond poor aesthetics. Trash and debris accumulation can inhibit plant growth, clog or inhibit the infiltration capacity of the bioretention soil and clog outflow structure grates. Clogged or inhibited infiltration capacity could lead to extended drawdown times and unwanted ponding. Additionally, clogged outflow structure grates can lead to overflowing and flooding.
Maintenance Solution:
All trash and debris should be removed from bioretention planters before the start of the rainy season (October 15), or as frequently as site conditions dictate.
All material should be discarded at an appropriate facility. 4 Visible surface
contaminants /
pollution
Area of Concern:
Visible surface contaminants and pollution can range from inert substances that can cause bioretention soil clogging, to hazardous substances that impact plant, environmental, or human health. Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum based substances, caustic chemicals, pesticides and herbicides. These pollutants can often be identified by sight or smell when they become deposited on the surface of a bioretention planter.
Maintenance Solution:
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination. For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off the contaminated material and discarding at an appropriate facility. If bioretention soil is removed by the cleanup process, any lost bioretention soil materials must be replaced.
Hazardous substance cleanup will require specially trained and licensed contractors and special disposal requirements conforming to local and national laws and regulations.
Annual Self-Certification Checklist Instructions
August 2018
Item
#
Inspection Item
Description Inspection Instructions and Explanation
5 Vandalism /
catastrophic damage
to components or
entire system
Area of Concern:
Vandalism can range from minor issues like graffiti or tearing out/stealing of plants, to destruction of the entire irrigation system. Catastrophic damage can result from vehicles driving into or through the bioretention planter, trampling caused by large amounts of pedestrians or animals walking through the BMP, or construction/repair of nearby utilities and structures that impact the BMP.
Maintenance Solution:
Repair of vandalism can consist of simply removing graffiti and planting individual replacement plants. Repair of catastrophic damage can involve completely reconstructing the BMP.
6 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a BMP that deviate from the approved construction documents included in the project’s SMR Maintenance Agreement Exhibit B. These modifications can take place during construction (i.e., soil or plant substitutions with inferior components), or can happen after the BMP is constructed (i.e., reducing the footprint of the BMP to accommodate an addition to a nearby structure).
Maintenance Solution:
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made. All unauthorized modifications must be corrected by returning the BMP to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B. 7 Excessive weed
growth
Area of Concern:
Noxious and invasive weeds must be removed when they cover more than 25% of the BMP surface. Noxious and invasive weeds are highly damaging to the natural and built environment. These weeds interfere with the beneficial use of the land, degrade biodiversity, and reduce the effectiveness of the bioretention planter.
Maintenance Solution:
Best practices call for weed removal on a monthly basis, regardless of cover percentage. Weed removal must include the entire root structure, and the weeds must be disposed of at an appropriate facility to prevent spreading of invasive species California’s Pest Prevention System (PPS) and the California Food and Agricultural Code (FAC) Appendix D set regulations and laws pertaining to weed removal and disposal. 8 Sediment
accumulation at curb
cut, forebay or planter
low points
Area of Concern:
Sediment accumulation in BMPs is normal and expected. Sediment and debris can collect in the curb cut (or inlet structure), in the forebay (or rock cobble energy dissipater), or at the low point of bioretention planters.
Maintenance Solution:
Steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the BMP functioning properly.
This built-up sediment must be removed to ensure that water can flow freely into and through the BMP, as well as to maintain bioretention soil infiltration capacity. Typical removal methods consist of scraping up sediment with shovels and properly disposing of the sediment at an approved facility.
August 2018
Item
#
Inspection Item
Description Inspection Instructions and Explanation
9 Erosion at inlet,
outlet, overflow, check
dams or side slopes
Area of Concern:
Inflow, outflow and water movement through a bioretention planter may cause erosion and scouring of the planter surface over time, or immediately after construction during the plant grow-in period. Erosion and subsequent sediment deposition can be detrimental to the bioretention soil infiltration capacity, cause damage to plants, and create clogging in underdrains and outflow structures.
Maintenance Solution:
Repair measures must include identifying and correcting the cause of the erosion by adding flow dispersal measures to reduce channelized flow (i.e. rock cobble or rip-rap level spreader, etc.), repairing the erosion damage and removing any sediment created by the erosion process. 10 Inlet, outlet or overflow
structure blockage
Area of Concern:
Trash, debris, and poorly-sited or overgrown plant material can create blockages at the inlet and outlet points, or at the overflow structure of bioretention planters, inhibiting the flow of water into, through, or out of the facility. Inlet blockages can cause stormwater flows to bypass the BMP or only allow partial flows into the BMP, creating a situation where the BMP is non-functioning or underperforming. Inlet, outlet, and overflow structure blockages can also create excessive ponding within and around the BMP, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecasted storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with hand tools, and disposed of at an appropriate facility. Poorly-sited or overgrown plant material can be transplanted to another location within the BMP, or discarded as compost. Overflow structure grates, sumps, and traps must be cleared of debris by hand, hand tools, or a vactor truck and disposed of at an appropriate facility. 11 Irrigation system
damaged, leaking or
out of adjustment
Area of Concern:
Damaged or leaking irrigation systems are identifiable by the presence of ponded water or wet spots in the planter during dry periods, Malfunctioning irrigation systems can also be identified by dry areas in the planter and evidence of browning or wilting plants that show signs of under-watering. Systems that are out of adjustment are identifiable by observation during the irrigation cycle. Sprinkler head patterns must be observed to determine that the spray pattern does not deposit water on surrounding paved surfaces or nearby structures.
Maintenance Solution:
Irrigation systems must be maintained year round by a qualified professional. This maintenance includes the repair of leaks, the adjustment of irrigation head spray patterns to avoid buildings and paved surfaces. It also includes the inspection, testing and certification of backflow prevention devices. It is recommended that irrigation systems in bioretention planters are only utilized through the plant establishment and warranty phases of the project. Once the plant material has been established and out of warranty, continued irrigation should not be necessary if proper plants were specified for the installation. 12 Dead, diseased,
dying, or missing
plants
Area of Concern:
Plants play an important role in the function of a bioretention system. In addition to supporting evapotranspiration, plant roots help aerate the soil and minimize soil compaction, replenish organic materials in the soil, and provide a habitat for beneficial bacteria that aid in the biological breakdown and mitigation of pollutants deposited by stormwater into the bioretention soil. For a bioretention planter to function properly, it needs consistent and healthy plant cover. Bare spots resulting from missing plants give invasive weeds an opportunity to grow.
Maintenance Solution:
Dead, diseased, dying, or missing plants must be replaced. If a large amount of plants have died off, consult with a horticultural expert on the cause of the die- off, and remedy the cause before replanting.
Annual Self-Certification Checklist Instructions
August 2018
Item
#
Inspection Item
Description Inspection Instructions and Explanation
13 Mulch – large bare
spots / eroded mulch
areas
Area of Concern:
Rock and organic mulch helps to minimize weed growth, prevents erosion and scour of the planter surface, and helps prevent the soil surface from losing moisture and crusting over during dry periods.
Maintenance Solution:
Any bare spots on the planter surface where the bioretention soil is visible must be re-covered with mulch. The added mulch must meet the specs of the material thickness and type used during construction.
If the facility was installed with organic mulch, do not substitute bark, “gorilla hair,” or recycled kiln dried lumber type mulches as replacement materials, because these types of mulches are floatable materials than can cause other maintenance problems in bioretention planters (i.e. clogging of the overflow structure). If the facility was installed with rock mulch, select a replacement product of similar or larger size to resist washing out. Do not substitute rock mulch materials with high fines content or recycled materials. 14 Vegetation obstructing
line of sight at
roadway or
intersection
Area of Concern:
If bioretention planters are located close to a roadway or intersection, overgrown plants may cause a hazardous condition by blocking the vision of motorists, bicyclists, and pedestrians.
Maintenance Solution:
Regular pruning on a quarterly basis can alleviate blocked lines of sight, while maintaining the desired plant coverage in the facility. Pruning should only be done by trained landscape professionals, in accordance with established horticultural practices and standards. 15 Vegetation blocking in-
flow at curb cut / inlet
structure
Area of Concern:
Poorly-sited, spreading, or overgrown plant material can create blockages at the inlet point of a bioretention planter. This can block stormwater flows from entering the facility, potentially causing stormwater to pond upstream of the inlet or bypass the unit entirely. If stormwater cannot enter the bioretention planter, or less than the designed volume of stormwater is able to enter, the function of the facility will be significantly diminished.
Maintenance Solution:
Any plant material that blocks the inlet of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and disposed of. Pruning, thinning, and transplanting should only be done by trained landscape professionals, in accordance with established horticultural practices and standards. 16 Vegetation blocking
Operation &
Maintenance of other
components
Area of Concern:
Poorly-sited, spreading, or overgrown plant material can interfere with or block the Operation & Maintenance (O&M) of other key components of a bioretention planter. Some of the bioretention components that may interfere with O&M are: outlet structures, underdrains, and irrigation components.
Maintenance Solution:
Any plant material that blocks the O&M of key components of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and disposed of correctly. Pruning should only be done by trained landscape professionals, in accordance with established horticultural practices and standards.
August 2018
Item
#
Inspection Item
Description Inspection Instructions and Explanation
17 Structural damage
(planter edges, check
dams or outlet
structure)
Area of Concern:
Minor damage to structural components such as curbs, walls, trench drains and outlet structures should be repaired on a yearly basis. More significant structural damage, such as damage caused by auto accidents, nearby construction work, or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Minor repairs can consist of, but are not limited to, patching chips and cracks to concrete structures, and resetting outlet structure frames and grates. Major repairs can consist of removal and replacement of damaged curbs, walls, outflow structures, or structural bracing and supplemental reinforcement of failing structural components.
18 Rodent damage /
burrowing
Area of Concern:
Rodent damage and animal burrows in bioretention planters can cause structural, landscape and stormwater-flow based issues. Burrows can undermine structural components, leading to unwanted settlement. Burrows may also create preferential flow paths through the section of a bioretention planter that differ significantly from the designed flow path, causing piping and erosion problems in the bioretention soil. Rodents can also damage plants and plant root systems.
Maintenance Solution:
If rodent / animal damage is observed, consult with a licensed professional pest control service for eradication, or trapping and relocation, as appropriate. 19 Mosquitos or mosquito
larvae observed
Area of Concern:
Ponded water resulting from extended drawdown time beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #2 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806 or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
Annual Self-Certification Checklist Instructions
August 2018
LINED BIORETENTION
(AKA: lined bioretention cell, bioretention basin, bioretention planter, flow-through planter, stormwater planter, rain garden, bioretention swale)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP : Best Management Practice (Lined Bioretention Planter); GI:
Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Several maintenance-related factors can lead to anaerobic soil conditions that create unpleasant odors in GI installations. Any installation that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria in anaerobic soils, along with decaying organic materials can cause these odors.
Maintenance Solution:
For more information on ponded water and extended drawdown time, see Item #2 below.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
2 Extended drawdown
time (Ponded water >
48 hrs.)
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours can lead to several problems such as: lack of filtration capacity, unpleasant odors, plant die-off, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• crusting or sealing of the bioretention soil surface via accumulation of fine-grained soil, organic matter, etc. • heavily compacted bioretention soil
• large amounts of sediment accumulation in the bioretention soil • blocked, clogged, or broken underdrains
• blocked or clogged outflow structures and/or sand traps • the improper use of weed barrier fabric or geotextiles in the planter structure
Maintenance Solution:
Infiltration testing can determine if soil compaction or sediment clogging may be the cause of the problem, which can be remedied by scarifying, tilling, shallow or deep aerating, or by replacing the soil in extreme cases.
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout or by running a garden hose into the cleanout and determining if the water flows freely or backs up and overtops the cleanout pipe. Video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure. Inspecting the outflow structure or sand trap can be done by removing the lid or grate from the structure and visually inspecting for standing water or excessive debris accumulation. Clogged underdrains and outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer, and by removing accumulated debris and sediment from the bottom of the structure with hand tools or by use of a vactor truck.
If weed barriers are determined to be the cause of ponding, removal of the weed barrier within the footprint of the bioretention planter is required. The removal of clogged subsurface geotextiles requires the excavation of the bioretention soil. 3 Excessive trash /
debris accumulation
Area of Concern:
Excessive trash or debris accumulation causes problems in GI installations that extend beyond poor aesthetics. Trash and debris accumulation can inhibit plant growth, clog or inhibit the infiltration capacity of the bioretention soil and clog outflow structure grates. Clogged or inhibited filtration capacity could lead to extended drawdown times and unwanted ponding. Additionally, clogged outflow structure grates can lead to overflowing and flooding.
Maintenance Solution:
All trash and debris should be removed from bioretention planters before the start of the rainy season (October 15), or as frequently as site conditions dictate.
All material should be discarded at an appropriate facility. 4 Visible surface
contaminants /
pollution
Area of Concern:
Visible surface contaminants and pollution can range from inert substances that can cause bioretention soil clogging, to hazardous substances that impact plant, environmental, or human health. Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum based substances, caustic chemicals, pesticides and herbicides. These pollutants can often be identified by sight or smell when they become deposited on the surface of a bioretention planter.
Maintenance Solution:
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination. For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off the contaminated material and discarding at an appropriate facility. If bioretention soil is removed by the cleanup process, any lost bioretention soil materials must be replaced.
Hazardous substance cleanup will require specially trained and licensed contractors and special disposal requirements conforming to local and national laws and regulations.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
5 Vandalism /
catastrophic damage
to components or
entire system
Area of Concern:
Vandalism can range from minor issues like graffiti, tearing out or stealing plants, to destruction of the entire irrigation system. Catastrophic damage can result from vehicles driving into or through the bioretention planter, trampling caused by large amounts of pedestrians or animals walking through the BMP, or construction/repair of nearby utilities and structures that impact the BMP.
Maintenance Solution:
Repair of vandalism can consist of simply removing graffiti and planting individual replacement plants. Repair of catastrophic damage could consist of completely reconstructing the BMP.
6 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a BMP that deviate from the approved construction documents included in the project’s SMR Maintenance Agreement Exhibit B. These modifications can take place during construction (i.e., soil or plant substitutions with inferior components) or can happen after the BMP is constructed (i.e., reducing the footprint of the BMP to accommodate an addition to a nearby structure).
Maintenance Solution:
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made. All unauthorized modifications must be corrected by returning the BMP to its original configuration as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B. 7 Excessive weed
growth
Area of Concern:
Noxious and invasive weeds must be removed when they cover more than 25% of the BMP surface. Noxious and invasive weeds are highly damaging to the natural and built environment – these weeds interfere with the beneficial use of the land and reduce the effectiveness of the bioretention planter.
Maintenance Solution:
Best practices call for weed removal on a monthly basis, regardless of cover percentage. Weed removal must include the entire root structure and the weeds must be disposed of at an appropriate facility to prevent spreading of invasive species. California’s Pest Prevention System (PPS) and the California Food and Agricultural Code (FAC) Appendix D set regulations and laws pertaining to weed removal and disposal. 8 Impermeable liner
visible and/or
damaged
Area of Concern:
Impermeable liners are intended to remain buried with bioretention soil and mulch protecting the liner from impact damage and photodegradation from exposure to sunlight.
Maintenance Solution:
If the liner becomes exposed through the settlement of the bioretention soil or by erosion at the sides of the planter, then soil and/or mulch should be added to keep the liner covered. If the liner has been damaged, such as having holes, cracks, splits, or open seams, then the damage must be repaired with a patch to ensure that the liner remains watertight.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
9 Liner attachment
damaged or sealant
missing (if applicable)
Area of Concern:
Impermeable liner attachment points must remain fastened and sealed to adjacent concrete structures (if applicable) to prevent ponded water from leaking between the liner attachment point and the adjacent concrete structure.
Maintenance Solution:
If the liner attachment hardware has become loose, detached from the surrounding concrete structure, or is damaged, then steps must be taken to mechanically re-attach the hardware to the concrete and reseal the joint with the appropriate caulk or mastic sealant. If the liner sealant at the joint between the attachment hardware and the concrete structure is cracked, damaged, or missing, then the joint between the hardware and the surrounding concrete structure must be resealed with the appropriate caulk or mastic sealant. 10 Sediment
accumulation at curb
cut, forebay, or
planter low points
Area of Concern:
Sediment accumulation in BMPs is normal and expected. Sediment and debris can collect in the curb cut (or inlet structure), in the forebay (or rock cobble energy dissipater), or at the low point of bioretention planters.
Maintenance Solution:
Steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the BMP functioning properly. This built-up sediment must be removed to ensure that water can flow freely into and through the BMP, as well as to maintain bioretention soil infiltration capacity. Typical removal methods consist of scraping up sediment with shovels and properly disposing of the sediment at an approved facility. 11 Erosion at inlet,
outlet, overflow, or
side slopes
Area of Concern:
Inflow, outflow, and water movement through a bioretention planter may cause erosion and scouring of the planter surface over time or immediately after construction during the plant grow-in period. Erosion and subsequent sediment deposition can be detrimental to the bioretention soil infiltration capacity, cause damage to plants, and create clogging in underdrains and outflow structures.
Maintenance Solution:
Repair measures must include identifying and correcting the cause of the erosion by adding flow dispersal measures to reduce channelized flow (i.e., rock cobble or rip-rap level spreader, etc.), repairing the erosion damage, and removing any sediment created by the erosion process. 12 Inlet, outlet, or
overflow structure
blockage
Area of Concern:
Trash, debris, and poorly-sited or overgrown plant material can create blockages at the inlet and outlet points, or at the overflow structure of bioretention planters, inhibiting the flow of water into, through, or out of the facility. Inlet blockages can cause stormwater flows to bypass the BMP or only allow partial flows into the BMP, creating a situation where the BMP is non-functioning or underperforming. Inlet, outlet, and overflow structure blockages can also create excessive ponding within and around the BMP, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecasted storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with hand tools, and disposed of at an appropriate facility. Poorly-sited or overgrown plant material can be transplanted to another location within the BMP or discarded as compost. Overflow structure grates, sumps, and traps must be cleared of debris by hand, hand tools, or a vactor truck and disposed of at an appropriate facility. 13 Irrigation system
damaged, leaking, or
out of adjustment
Area of Concern:
Damaged or leaking irrigation systems are identifiable by the presence of ponded water or wet spots in the planter during dry periods. Malfunctioning irrigation systems can also be identified by dry areas in the planter and evidence of browning or wilting plants that show signs of under-watering. Systems that are out of adjustment are identifiable by observation during the irrigation cycle. Sprinkler head patterns must be observed to determine that the spray pattern does not deposit water on surrounding paved surfaces or nearby structures.
Maintenance Solution:
Irrigation systems must be maintained year round by a qualified professional. This maintenance includes the repair of leaks, the adjustment of irrigation head spray patterns to avoid buildings and paved surfaces. It also includes the inspection, testing and certification of backflow prevention devices. It is recommended that irrigation systems in bioretention planters are only utilized through the plant establishment and warranty phases of the project. Once the plant material has been established and out of warranty, continued irrigation should not be necessary if proper plants were specified for the installation.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
14 Dead, diseased,
dying, or missing
plants
Area of Concern:
Plants play an important role in the function of a bioretention system. In addition to supporting evapotranspiration, plant roots help aerate the soil and minimize soil compaction, replenish organic materials in the soil, and provide a habitat for beneficial bacteria that aid in the biological breakdown and mitigation of pollutants deposited by stormwater into the bioretention soil. For a bioretention planter to function properly, it needs consistent and healthy plant cover. Bare spots resulting from missing plants give invasive weeds an opportunity to grow.
Maintenance Solution:
Dead, diseased, dying, or missing plants must be replaced. If a large amount of plants have died off, consult with a horticultural expert on the cause of the die- off, and remedy the cause before replanting.
15 Mulch – large bare
spots / eroded mulch
areas
Area of Concern:
Rock and organic mulch helps to minimize weed growth, prevents erosion and scour of the planter surface, and helps prevent the soil surface from losing moisture and crusting during dry periods.
Maintenance Solution:
Any bare spots on the planter surface where the bioretention soil is visible must be re-covered with mulch. The added mulch must meet the specs of the material thickness and type used during construction.
If the facility was installed with organic mulch, do not substitute bark, “gorilla hair,” or recycled kiln dried lumber type mulches as replacement materials because these types of mulches are floatable materials than can cause other maintenance problems in bioretention planters (i.e., clogging of the overflow structure). If the facility was installed with rock mulch, select a replacement product of similar or larger size to resist washing out. Do not substitute rock mulch materials with high fines content or recycled materials. 16 Vegetation
obstructing line of
sight at roadway or
intersection
Area of Concern:
If bioretention planters are located close to a roadway or intersection, overgrown plants may cause a hazardous condition by blocking the vision of motorists, bicyclists, and pedestrians.
Maintenance Solution:
Regular pruning on a quarterly basis can alleviate blocked lines of sight, while maintaining the desired plant coverage in the facility. Pruning should only be done by trained landscape professionals in accordance with established horticultural practices and standards. 17 Vegetation blocking
in-flow at curb cut /
inlet structure
Area of Concern:
Poorly-sited, spreading, or overgrown plant material can create blockages at the inlet point of a bioretention planter. This can block stormwater flows from entering the facility, potentially causing stormwater to pond upstream of the inlet or bypass the unit entirely. If stormwater cannot enter the bioretention planter, or less than the designed volume of stormwater is able to enter, the function of the facility will be significantly diminished.
Maintenance Solution:
Any plant material that blocks the inlet of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and disposed of. Pruning, thinning, and transplanting should only be done by trained landscape professionals in accordance with established horticultural practices and standards.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
18 Vegetation blocking
Operation &
Maintenance of other
components
Area of Concern:
Poorly-sited, spreading, or overgrown plant material can interfere with or block the Operation & Maintenance (O&M) of other key components of a bioretention planter. Some of the bioretention components that may interfere with O&M are: outlet structures, underdrains, and irrigation components.
Maintenance Solution:
Any plant material that blocks the O&M of key components of a facility must be pruned, thinned, transplanted elsewhere in the planter, or removed and disposed of correctly. Pruning should only be done by trained landscape professionals in accordance with established horticultural practices and standards. 19 Structural damage
(planter edges,
check dams, or outlet
structures)
Area of Concern:
Minor damage to structural components such as curbs, walls, trench drains and outlet structures should be repaired on a yearly basis. More significant structural damage, such as damage caused by auto accidents, nearby construction work, or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Minor repairs can consist of, but are not limited to, patching chips and cracks to concrete structures, and resetting outlet structure frames and grates. Major repairs can consist of removal and replacement of damaged curbs, walls, outflow structures, or structural bracing and supplemental reinforcement of failing structural components.
20 Rodent damage /
burrowing
Area of Concern:
Rodent damage and animal burrows in bioretention planters can cause structural, landscape, and stormwater flow-based issues. Burrows can undermine structural components, leading to unwanted settlement. Burrows may also create preferential flow paths through the section of a bioretention planter that differ significantly from the designed flow path, causing piping and erosion problems in the bioretention soil. Rodents can also damage plants and plant root systems.
Maintenance Solution:
If rodent / animal damage is observed, consult with a licensed professional pest control service for eradication, or trapping and relocation, as appropriate. 21 Mosquitos or
mosquito larvae
observed
Area of Concern:
Ponded water resulting from extended drawdown time beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #2 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806 or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
Annual Self-Certification Checklist Instructions
August 2018
INFILTRATION TRENCH
(AKA: soakage trench)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP: Best Management Practice (Infiltration Trench); GI: Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Several maintenance-related factors can lead to anaerobic conditions that create unpleasant odors in GI installations. Any installation that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria in an anaerobic section of the facility, along with decaying organic materials, can cause these odors.
Maintenance Solution:
For more information on ponded water and extended drawdown time, see Item #2 below. 2 Extended drawdown
time (Ponded water >
48 hrs.)
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours can lead to several problems such as reduced filtration capacity, unpleasant odors, plant die-off, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• large amounts of sediment accumulation in the infiltration trench aggregate • blocked clogged or broken underdrains
• blocked or clogged outflow structures and/or sand traps • the improper use of geotextiles in the infiltration trench
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout or by running a garden hose into the cleanout and determining if the water flows freely or backs up and overtops the cleanout pipe. Alternately, video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure.
Inspecting the outflow structure or sand trap can be done by removing the lid or grate from the structure and visually inspecting for standing water or excessive debris accumulation.
Maintenance Solution:
Clogged underdrains and outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer and by removing accumulated debris and sediment from the bottom of the structure.
The removal of clogged subsurface geotextiles requires the removal of the infiltration trench aggregate.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
3 Excessive trash /
debris accumulation
Area of Concern:
Excessive trash or debris accumulation causes problems in GI installations that extend beyond poor aesthetics. Trash and debris accumulation can inhibit plant growth, clog, or inhibit the infiltration capacity of the aggregate and clog outflow structure grates. Clogged or inhibited infiltration capacity could lead to extended drawdown times and unwanted ponding. Additionally, clogged outflow structure grates can lead to overflowing and flooding.
Maintenance Solution:
All trash and debris should be removed from facility before the start of the rainy season (October 15) or as frequently as site conditions dictate. All material should be discarded at an appropriate facility.
4 Vandalism /
catastrophic damage
to components or
entire system
Area of Concern:
Vandalism can range from minor issues like graffiti and tearing out/stealing plants to destruction of the entire irrigation system. Catastrophic damage can result from vehicles driving into or through the facility, trampling caused by large amounts of pedestrians or animals walking through the BMP, or construction/repair of nearby utilities and structures that impact the BMP.
Maintenance Solution:
Repair of vandalism can consist of simply removing graffiti or planting individual replacement plants. Repair of catastrophic damage can consist of completely reconstructing the BMP.
5 Visible surface
contaminants /
pollution (if
applicable)
Area of Concern:
Visible surface contaminants and pollution can range from inert substances that can cause aggregate clogging to hazardous substances that impact plant, environmental, or human health. Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum-based substances, caustic chemicals, pesticides, and herbicides. These pollutants can often be identified by sight or smell when they become deposited on the surface of a facility.
Maintenance Solution:
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination. For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off the contaminated surface material and discarding it at an appropriate facility. If aggregate is removed by the cleanup process, any lost aggregate materials must be replaced.
Hazardous substance cleanup will require specially trained and licensed contractors and special disposal conforming to local and national laws and regulations.
6 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a BMP that deviate from the approved construction documents included in the project’s SMR Maintenance Agreement Exhibit B. These modifications can take place during construction (i.e., aggregate or plant substitutions with inferior components) or can happen after the BMP is constructed (i.e., reducing the footprint of the BMP to accommodate an addition to a nearby structure).
Maintenance Solution:
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made. All unauthorized modifications must be corrected by returning the BMP to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B. 7 Sediment
accumulation on
trench surface (if
applicable)
Area of Concern:
Sediment accumulation in BMPs is normal and expected. Sediment and debris can collect in the curb cut (or inlet structure), in the forebay (or rock cobble energy dissipater), or at the low point of the facility.
Maintenance Solution:
Steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the BMP functioning properly. This built-up sediment must be removed to ensure that water can flow freely into and through the BMP, as well as to maintain aggregate infiltration capacity. Typical removal methods consist of scraping up sediment with shovels and properly disposing of the sediment at an approved facility.
Annual Self-Certification Checklist Instructions
Item # Inspection Item
Description Inspection Instructions and Explanation
8 Inlet, outlet, or
overflow structure
blockage
Area of Concern:
Trash, debris, and poorly-sited or overgrown plant material can create blockages at the inlet and outlet points or at the overflow structure of facilities, inhibiting the flow of water into, through, or out of the facility. Inlet blockages can cause stormwater flows to bypass the BMP or only allow partial flows into the BMP, creating a situation where the BMP is non-functioning or underperforming. Inlet, outlet, and overflow structure blockages can also create excessive ponding within and around the BMP, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecasted storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with hand tools and discarded at an appropriate facility. Poorly-sited or overgrown plant material can be transplanted to another location within the BMP or discarded as compost. Overflow structure grates, sumps, and traps must be cleared of debris by hand, hand tools, or a vactor truck and disposed of at an appropriate facility. 9 Structural damage
(trench edges or
outlet structure)
Area of Concern:
Minor damage to structural components such as curbs, walls, trench drains, and outlet structures should be repaired on a yearly basis. More significant structural damage, such as damage caused by auto accidents, nearby construction work, or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Minor repairs can consist of, but are not limited to, patching chips and cracks to concrete structures and resetting outlet structure frames and grates. Major repairs can consist of removal and replacement of damaged curbs, walls, outflow structures, or structural bracing and supplemental reinforcement of failing structural components.
10 Mosquitos or
mosquito larvae
observed
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #2 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806, or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
Annual Self-Certification Checklist Instructions
August 2018
PERMEABLE PAVEMENT
(AKA: pervious paving, porous pavement, permeable unit pavers, pervious concrete, pervious asphalt, grass pavers, green parking, porous turf blocks)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP: Best Management Practice (Permeable Pavement); GI: Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Surface ponding
evident / significantly
reduced infiltration
rate
Area of Concern:
Several maintenance related issues can lead to a reduced infiltration rate and surface ponding in permeable pavement installations. Pavement clogging can prevent stormwater from flowing through the pavement surface and reaching the aggregate storage layer beneath. Additionally, if the aggregate storage layer fails to draw down completely within 48 hours, subsequent rainfall may begin to pond on the pavement surface as the volume of water builds up in the pavement section.
To determine if surface ponding is being caused by clogging, a test for the infiltration rate of the permeable pavement surface must be conducted. The following test procedures cover the three most common permeable pavement types:
• Permeable Pavers - Standard Test Method for Surface Infiltration Rate of Permeable Unit Pavement Systems - ASTM C1781/C1781M - 13 • Pervious Concrete and Porous Asphalt - Standard Test Method for Infiltration Rate of In Place Pervious Concrete - ASTM C1701/C1701M - 09
Maintenance Solution:
If it is determined that the surface ponding is a result of pavement clogging, then steps must be taken to clean the pavement surface and restore permeability.
Permeable pavements can be cleaned by vacuuming or vacuuming combined with pressure washing. For more information on ponded water and extended drawdown time of the aggregate storage layer, see Item #4 below. 2 Silt and sediment
deposited on
pavement surface
Area of Concern:
Excessive silt and sediment accumulation causes significant problems in permeable pavement installations. Silt and sediment will clog or inhibit the infiltration capacity of the pavement surface. Clogged or inhibited filtration capacity could lead to surface ponding and flooding.
Maintenance Solution:
All silt and sediment should be removed from permeable pavement by vacuuming before the start of the rainy season (October 15) and at least twice per year, or as frequently as site conditions dictate, and discarded at an appropriate facility.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
3 Trash and large
debris accumulation
on pavement surface
Area of Concern:
Excessive trash or debris accumulation causes problems in permeable pavement installations that go beyond poor aesthetics. Trash and debris accumulation can clog or inhibit the infiltration capacity of the pavement surface and clog outflow structure grates. Clogged or inhibited filtration capacity could lead to surface ponding. Clogged outflow structure grates can lead to overflowing and ponding.
Maintenance Solution:
All trash and debris should be removed from permeable pavement before the start of the rainy season (October 15) or as frequently as site conditions dictate, and discarded at an appropriate facility.
4 Extended drawdown
time of the aggregate
storage layer > 48
hrs.
Area of Concern:
If properly designed and built, extended storage aggregate drawdown times beyond 48 hours in permeable pavement installations can be related to several problems such as:
• blockage or clogging of the underdrains, outflow, or overflow structure (if applicable). • clogging of the aggregate storage layer, choking layer, or bedding layer • clogging of geotextiles (if applicable)
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout or by running a garden hose into the cleanout and determining if the water flows freely or backs up and overtops the cleanout pipe. Alternately, video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure.
Inspecting the outflow structure or sand trap can be done by removing the lid or grate from the structure and visually inspecting for standing water or excessive debris accumulation.
Maintenance Solution:
Clogged underdrains and outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer, and by removing accumulated debris and sediment from the bottom of the structure.
If aggregate or geotextile clogging is suspected, further investigation must be conducted to verify the problem. The removal of clogged subsurface aggregates and geotextiles requires the removal of the pavement surface and reconstruction of the permeable pavement system. 5 Excessive oil staining
on pavement surface
Area of Concern:
Oil leaks from vehicles can create staining on the pavement surface. This staining can cause the pavement surface to have a reduced infiltration capacity and may even create contamination issues depending on the quantity of oil that created the stain and how far the oil seeped into the pavement.
Maintenance Solution:
Oil stains must be pressure washed from the pavement when the percentage of the stained surface reaches 10% of the square footage of the overall permeable pavement surface or as often as site conditions dictate. Larger stains may require the removal and replacement of the affected pavement surface and possibly some of the subsurface aggregates. See Item #14 below for larger spills and contamination issues.
Hydrocarbon/oil pan drippings may be remediated by the use of products such as S-200 Oilgone from International Environmental Products, LLC, or equivalent.
6 Weed growth in
paver joints /
expansion joints
Area of Concern:
Noxious and invasive weeds must be removed when they cover more that 10% of the pavement surface. Noxious and invasive weeds are highly damaging to pavements and the natural and built environment. These weeds interfere with the structural stability of the pavement, reduce infiltration, and increase the amount of debris that is deposited on the pavement surface.
Maintenance Solution:
Best practices call for weed removal on a monthly basis, regardless of cover percentage. Weed removal must include the entire root structure and the weeds must be discarded at an appropriate facility to prevent spreading of invasive species. California’s Pest Prevention System (PPS) and the California Food and Agricultural Code (FAC) Appendix D set regulations and laws pertaining to weed removal and disposal.
Annual Self-Certification Checklist Instructions
Item # Inspection Item
Description Inspection Instructions and Explanation
7 Cracks and
displacement /
settlement of
permeable pavement
/ broken pavers
Area of Concern:
See item #s 11, 12, 13, and 19
8 Destabilized
contributing
landscape areas /
erosion of
surrounding
landscape areas
(if applicable)
Area of Concern:
All surrounding landscaped areas that contribute runoff to the permeable pavement surface must be stabilized with turf, mulch, or groundcover plantings to eliminate erosion and sources of silt and sediment that can be conveyed onto the permeable pavement surface and cause clogging. Sediment-laden runoff must be physically blocked and diverted from draining onto the permeable pavement by curbs, berms, sandbags, straw wattles, and/or silt fencing.
Maintenance Solution:
Any bare spots adjacent to the permeable pavement where soil is visible must be re-covered with turf, mulch, or groundcover plantings ASAP. The added plantings or mulch must meet the material thickness and type specified in the design. Temporary erosion and sedimentation controls can also be installed to immediately protect the adjacent permeable pavement until the replacement plantings are fully grown-in. Alternatively, these surrounding landscaped areas can be graded away from the permeable pavement.
9 Destabilized
contributing paved
areas / spalling* and
raveling* of adjacent
standard pavement
(if applicable)
Area of Concern:
Adjacent standard pavements that drain onto permeable pavements can be sources of silt, fines, and sediment that can clog permeable pavement surfaces.
These standard pavement surfaces must be cleaned regularly to eliminate or minimize the clogging risk that they pose to the adjacent permeable pavement.
Standard asphalt pavement is the largest contributor of fines, silt, and sediment, especially during the first two years after installation as the asphalt surface weathers and sheds sand/fine aggregates from its surface.
Additionally, structurally deficient adjacent pavements (both concrete and asphalt) that are undergoing spalling or raveling can contribute large amounts of fines silt and sediment to the adjacent permeable paving.
Maintenance Solution:
Deteriorating pavements must be repaired as soon as possible to minimize further degradation. A similar situation will also occur when adjacent pavements undergo grinding / milling and resurfacing / repaving. During these operations, the adjacent permeable pavement must be protected from the resurfacing / repaving operations.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
10 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a permeable pavement installation that deviate from the approved construction documents. These modifications can take place during construction (i.e., pavement or aggregate substitutions with inferior components) or can happen over time after the permeable pavement is constructed (i.e., reducing the footprint of the permeable pavement to accommodate an addition to a nearby structure).
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made.
Maintenance Solution:
All unauthorized modifications must be corrected by returning the BMP to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B.
11 Utility cuts / other
surface repairs
evident and
improperly patched
(if applicable)
Area of Concern:
Underground utility repairs or construction can require the cutting and removal of sections of permeable pavements to provide access to subsurface facilities.
The removal and replacement process must be correctly completed to ensure that the structural integrity and function of the permeable pavement is not compromised.
Maintenance Solution:
While working on permeable pavement, all surrounding surfaces must be protected from sediment and fines created by the utility work. Saw cutting work must be performed by wet cutting, vacuumed, and the saw cutting residue must be washed off the surface after vacuuming before it is allowed to dry. The following is the required patching standard for the three most common permeable pavement surfaces:
• Permeable Interlocking Concrete Pavers (PICP) – the PICP surface must be replaced in-kind, preferably with the pavers that were removed from the utility cut area to eliminate a variation in color between the existing in-place pavers and new pavers added to the patch. The patch size must be increased by two times the shortest dimension of the excavation beyond the outside edge of the excavation to ensure a smooth transition from the undisturbed pavers to the patched paver area. All subsurface aggregate that was removed to access the subsurface facility must be replaced in-kind with new materials, matching the existing section thicknesses (excavated aggregates must not be reused due to the possibility of contamination with dirt and fines). The new patch must also be left slightly higher than the surrounding existing surface (1/4” to 3/8”) to allow for settlement of the patch. • Pervious Concrete – Every effort must be made to replace the surface in-kind. Small patches can be replaced with standard non-pervious concrete (by permission and approval from the SFPUC) if the patch size is 10% or less than the entire permeable surface that was disturbed. Otherwise, the entire pavement surface must be removed and replaced to the nearest joint and/or the patch size must be increased by two times the shortest dimension of the excavation beyond the outside edge of the excavation to ensure a smooth transition from the undisturbed pavers to the patched paver area. All subsurface aggregate that was removed to access the subsurface facility must be replaced in-kind with new materials, matching the existing section thicknesses (excavated aggregates must not be reused due to the possibility of contamination with dirt and fines). The new patch must also be left slightly higher than the surrounding existing surface (1/4” to 3/8”) to allow for settlement of the patch. • Porous Asphalt – Every effort must be made to replace the surface in-kind. Small patches can be replaced with standard non-porous asphalt (by permission and approval from the SFPUC) if the patch size is 10% or less than the entire permeable surface that was disturbed. The patch size must be increased by two times the shortest dimension of the excavation beyond the outside edge of the excavation to ensure a smooth transition from the undisturbed pavers to the patched paver area. All subsurface aggregate that was removed to access the subsurface facility must be replaced in-kind with new materials, matching the existing section thicknesses (excavated aggregates must not be reused due to the possibility of contamination with dirt and fines). The new patch must also be left slightly higher than the surrounding existing surface (1/4” to 3/8”) to allow for settlement of the patch.
12 Permeable pavement
surface raveling and
spalling /
deterioration
Area of Concern:
Structurally deficient permeable pavements that are undergoing spalling or raveling degradation can contribute large amounts of fines, silt, and sediment that can cause clogging and a lack of infiltration capacity. These deteriorating pavements must be repaired as soon as possible to minimize further degradation.
Additionally, large pieces of aggregate that break off from the pavement surface can create further damage to the permeable pavement surface as these loose aggregates are driven or walked over, further abrading the deteriorating surface.
Maintenance Solution:
Loose materials must be removed by sweeping or vacuuming.
Annual Self-Certification Checklist Instructions
Item # Inspection Item
Description Inspection Instructions and Explanation
13 Potholes forming /
pavers missing
Area of Concern:
See Item #12 above for minor pothole formation.
See Item #19 below for major pothole formation and severe structural deterioration.
Maintenance Solution:
Surface repairs must be handled in the same manner as a utility cut patch, minus the removal and replacement of the sub-base and base aggregate, unless the structural deterioration was determined to be caused by base failure. If a base failure is suspected, consult with a licensed civil and geotechnical engineer for repair options.
14 Loss of paver jointing
material
(if applicable)
Area of Concern:
Gapped PICP rely on jointing material (typically fine aggregate like AASHTO #8, #89, or #9) to provide structural stability and an initial filtering of sediment and fines before those materials reach and clog the aggregate bedding layer beneath the pavers. Over time, traffic and vacuuming can reduce the amount of jointing material.
Maintenance Solution:
Jointing material must be replenished periodically over the life of the installation as frequently as site conditions dictate or after pressure washing. The replacement jointing material must meet the same specs as the material that was used during installation. 15 Visible surface
contaminants /
pollution
Area of Concern:
Visible surface contaminants and pollution can range from inert substances that can cause permeable pavement clogging to hazardous substances that impact plant, environmental, or human health.
Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum-based substances, caustic chemicals, pesticides, and herbicides. These pollutants can often be identified by sight or smell when they become deposited on the surface of a permeable pavement.
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination.
Maintenance Solution:
For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off, pressure washing, vacuuming, and discarding the contaminated material at an appropriate facility. Hazardous substance cleanup will require specially trained and licensed contractors and special disposal conforming to local and national laws and regulations.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
16 Catch basin /
overflow structure
blockage
Area of Concern:
Trash, debris, and sediment can create blockages at the overflow structure or catch basins built into permeable pavement systems, inhibiting the flow of water out of the facility or inhibiting the emergency overflow measures designed into the project. Catch basin and overflow structure blockages can create excessive ponding within and around the area of the permeable pavement installation, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecast storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with hand tools and disposed of at an appropriate facility. Overflow structures and catch basin grates, sumps, and traps must be cleared of debris by hand, hand tools, or vactor truck. 17 Underdrain blockage
(if applicable)
Area of Concern:
Inspecting the underdrain for clogging can be done visually by looking for standing water in the cleanout or by running a garden hose into the cleanout and determining if the water flows freely or backs up and overtops the cleanout pipe. Alternately, video inspection of the underdrain pipe may be performed to determine the source of the underdrain failure.
Maintenance Solution:
Clogged underdrains can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer and by removing accumulated debris and sediment from the bottom of the pipes.
18 Vegetation damage /
bare spots and/or
weed growth in turf
paver or grass paver
type systems (if
applicable)
Area of Concern:
Vegetation plays an important role in the function of a turf or grass paver system. In addition to evapotranspiration, plant roots help aerate the soil and minimize soil compaction, replenish organic materials in the soil, and provide a habitat for beneficial bacterial that aids in the biological breakdown and mitigation of pollutants deposited by stormwater into the planting medium.
For a turf or grass paver system to function properly, it needs consistent and healthy plant cover. Bare spots created by missing plants give invasive weeds an opportunity to grow. This invasive weed growth will crowd out the beneficial plant species over time, reducing the effectiveness of the turf or grass paver system.
Maintenance Solution:
Dead, diseased, dying, or missing plants must be replaced. If a large amount of plants have died off, consult with a horticultural expert on the cause of the die- off and remedy the cause before replanting.
19 Structural damage
(curbs, pavement
edging, overflow or
underdrain structure)
Area of Concern:
For minor structural damage, refer to Item #s 11, 12, and 13 above.
More significant structural damage, such as damage caused by auto accidents, nearby construction work, or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Major repairs can consist of removal and replacement of the entire permeable pavement surface, damaged curbs, pavement edging, overflow or underdrain structures, or structural bracing and supplemental reinforcement of failing structural components.
*Definitions: Spalling - Cracking, breaking or chipping of joint/crack edges. Usually occurs within about 2 ft. of joint/crack edge.
Raveling - The progressive disintegration of an asphalt layer from the surface downward as a result of the dislodgement of aggregate particles. It usually starts with the loss of fine aggregate (fines) and advances to the loss of larger aggregate sizes.
Annual Self-Certification Checklist Instructions
August 2018
RAINWATER HARVESTING
(AKA: rainwater collection, rainwater reuse, Cisterns and associated components)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
SAFETY NOTE: Rainwater harvesting cisterns/tanks are confined spaces. A confined space is a space that has limited openings for entry or exit, is large enough for entering and working, and is not designed for continuous worker occupancy. Refer to and follow all OSHA requirements and regulations before entering a confined space. Visit https://www.osha.gov/SLTC/confinedspaces/ for more information.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP: Best Management Practice (Rainwater Harvesting System); GI: Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Any rainwater harvesting system vault or tank that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria inside the tank, along with decaying organic material and trash, can cause these odors.
Maintenance Solution:
For more information on ponded water and extended drawdown time, see Item #17 below. 2 Lids, access hatches,
ladders, etc.
damaged /
inoperative /
inaccessible / missing
Area of Concern:
Inspection and maintenance tasks rely on unobstructed access to all rainwater harvesting system components, including the storage tank structure. Access to these components is facilitated by lids, access hatches, ladders, etc.
Maintenance Solution:
Note if there are any accessibility issues with any system components and take steps to correct the issue and restore accessibility. 3 Catchment surface
condition
Area of Concern:
Inspect the catchment area for sediment / debris accumulation and algae growth. Also check for obstructions, such as damaged or dislodged roofing materials that may block or redirect flows from the conveyance system.
Maintenance Solution:
Clear any debris and sediment accumulation to eliminate the chance of clogged or blocked gutters or pretreatment devices. If algae growth is evident, disconnect the downspouts or conveyance structures from the rainwater harvesting system and wash the algae from the roof. Repair any damaged roofing materials.
DO NOT SUBMIT WITH CHECKLIST
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
4 Conveyance system
condition
Area of Concern:
Conveyance systems have multiple inspection points:
• Inspect gutters, downspouts, piping, connection, and mounting hardware to ensure that these items are structurally sound and are not leaking. • Ensure that these conveyance structures maintain positive drainage and that no back-pitch conditions exist.
Maintenance Solution:
• Remove accumulated debris and clogs. Also ensure that overhanging vegetation is trimmed back from the roof to maintain a 24” clear zone. • Eliminate rust, mold, and algae from gutters
• Check downspouts for animal intrusions, clogs or overgrowth that could obstruct drainage. 5 Pretreatment device /
first flush diverter
damaged, offline, or
missing
Area of Concern:
To provide floatable and sediment capture from stormwater upstream of the rainwater harvesting system, a pretreatment device must be in place and working properly. To ensure that pretreatment devices are online and working properly during dry weather, run a garden hose or other water source into a nearby cleanout or inlet to test that water enters and exits the pretreatment device before accumulating in the rainwater harvesting system.
Maintenance Solution:
If the pretreatment device is clogged by debris or sediment accumulation, remove that accumulation by hand or by vactor truck. 6 Pretreatment device /
first flush diverter
clear of debris
Area of Concern:
Sediment accumulation in pretreatment devices is normal and expected. However, steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the pretreatment device functioning properly.
Maintenance Solution:
Sediment and debris can collect in the sump area (sediment storage area). This accumulated sediment and debris must be removed by hand or by vactor truck before the start of the rainy season (October 15) or as frequently as site conditions dictate, and discarded at an appropriate facility. 7 Storage tank
condition
Area of Concern:
Inspect tank inlets and outlets to ensure that there are no blocked, clogged, disconnected, or leaking components. Ensure that lid seals are tight and in good condition. Check to make sure that the tank structure is not leaking and that the foundation, base, or support legs are stable and seismic bracing is securely fastened to the tank. For aboveground tanks, ensure that the tank remains opaque to eliminate photosynthesis and algae blooms inside the tank.
Maintenance Solution:
Note if tank components are damaged and take steps to correct the issue and restore the component’s function. 8 Visible contaminants
/ pollution in tank or
within the catchment
area
Area of Concern:
Visible surface contaminants and pollution can range from inert substances to hazardous substances that impact environmental or human health.
Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum-based substances, caustic chemicals, pesticides, and herbicides. These pollutants can often be identified by sight or smell when they become deposited in a rainwater harvesting tank.
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination.
Maintenance Solution:
For inert substances, cleanup can typically be conducted by regular maintenance personnel by simply scraping off or pressure washing / vactoring and discarding the contaminated material at an appropriate facility after drawing down and emptying the tank. Hazardous substance cleanup will require specially trained and licensed contractors and special disposal conforming to local and national laws and regulations.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
9 Sediment
accumulation in tank
Area of Concern:
Sediment can accumulate in rainwater harvesting tanks and clog outflow structures, which could lead to excessive drawdown times. Clogged outflow structures can lead to overflowing and flooding.
Maintenance Solution:
All sediment should be removed from tank before the start of the rainy season (October 15) or as frequently as site conditions dictate, and discarded at an appropriate facility.
10 Treatment system
(filters, UV lamp)
operational and
properly maintained
Area of Concern:
Treatment system components are essential to public health and safety. Check to ensure that all connections within the treatment system remain watertight and free from leakage and all components are operating properly.
Maintenance Solution:
Empty filter screen chambers and inspect for damage. Wash the screens before reinserting. Inspect sand filters for clogging and conduct a backwash or clear as per manufacturer’s recommendations. Remove and replace bag filters and/or cartridge filters as recommended by the manufacturer. Ensure that the UV lamp is operational. Replace lamp element if needed.
11 Piping, valves, vents,
drains or baffles
damaged, blocked or
leaking
Area of Concern:
Rainwater harvesting tanks can contain many piping components that play key roles in the function of the installation. Inlet and outlet piping that directs stormwater to and from the tank, vent pipes and cleanouts that provide maintenance access and provide air movement and venting, along with baffles to separate floating and settled debris from the rainwater are all key components. If any of these components are damaged, the function of the tank may be compromised.
Maintenance Solution:
Note if piping components are damaged and take steps to correct the issue to restore the component’s function. 12 Backflow preventer /
air gap operational (if
make-up system is
included)
Area of Concern:
The backflow assembly must be tested annually by a licensed professional and the results must be reported to the SFPUC Water Quality Division’s Cross Connection Control Program. For more information on backflow prevention device testing, visit: http://sfwater.org/index.aspx?page=359.
Maintenance Solution:
Note any backflow preventer issues and ensure that the assembly is maintained by a qualified professional. 13 Structural damage of
vault / tanks,
conveyance system
or treatment system
Area of Concern:
Minor damage to structural components such as walls, floors, baffles, and lids should be repaired on a yearly basis. These minor repairs can consist of, but are not limited to, patching chips and cracks to concrete structures. More significant structural damage, such as damage caused by nearby construction work or natural disasters must be repaired as soon as possible.
Maintenance Solution:
Major repairs can consist of removal and replacement of damaged lids, walls, floors, baffles, or outflow structures. It can also include structural bracing and supplemental reinforcement of failing structural components.
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
14 Vandalism /
catastrophic damage
to components or
entire system
Area of Concern:
Vandalism can range from minor issues like graffiti to tearing out/stealing major system components. Catastrophic damage can result from natural events and disasters or construction or repair of nearby utilities or structures that impact the system.
Maintenance Solution:
Repair of vandalism or catastrophic damage can consist of simply removing graffiti or complete reconstruction of the system if catastrophic damage occurs. 15 Unauthorized
Modifications
Area of Concern:
Unauthorized modifications consist of any changes to a vault that deviate from the approved construction documents. These modifications can take place during construction or can happen over time after the vault is constructed. The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made.
Maintenance Solution:
All unauthorized modifications must be corrected by returning the system to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B.
16 Distribution Systems /
Irrigation system
condition
Area of Concern:
Distribution systems can be routed to both indoor non-potable uses (such as toilet flushing and HVAC/cooling towers) and outdoor non-potable uses (such as irrigation, car washing, and ornamental water features). These systems can include pumps, pressure tanks, and valves which must be inspected and maintained.
Malfunctioning irrigation systems can also be identified by dry areas and evidence of browning or wilting plants that show signs of under-watering. Systems that are out of adjustment are identifiable by observation during the irrigation cycle.
Maintenance Solution:
Irrigation system sprinkler head patterns must be adjusted to ensure that the spray pattern does not deposit water on surrounding hard surfaces or nearby structures. Irrigation systems must be maintained year-round by a qualified professional. This maintenance includes the repair of leaks, the adjustment of irrigation head spray patterns to avoid buildings and paved surfaces, and the inspection, testing, and certification of backflow prevention devices. Damaged or leaking distribution systems should be repaired immediately. 17 Pre rainy season
drawdown - verify
that system has
adequate capacity
Area of Concern:
Extended drawdown times that are beyond 48 hours in rainwater harvesting tanks can lead to several problems such as: unpleasant odors, lack of capacity to accommodate runoff from successive storms, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• large amounts of sediment or debris accumulation in the vault • blocked, clogged, or broken drains
• blocked or clogged outflow structures and/or sand traps • damaged or malfunctioning distribution systems
Maintenance Solution:
See the Inspection instructions and explanation for Item #s 7, 8, 9, 10, 11, 14 and 15 for issues that could cause extended drawdown times.
Annual Self-Certification Checklist Instructions
August 2018
Item # Inspection Item
Description Inspection Instructions and Explanation
18 Mosquitos or
mosquito larvae
observed
Area of Concern:
Ponded water resulting from extended drawdown time beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #2 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806, or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
NOTE: SFDPH is the permitting agency for the operation of Alternate Water Source Systems in Residential Buildings containing three or more dwelling units, in Non-Residential Buildings and where alternate water systems are shared across property lines or in multiple structures. Therefore, all buildings except one and two unit residential buildings must comply with the most current version of the SFDPH Director’s Rules and Regulations Regarding the Operation of Alternate Water Source Systems. For more information on Alternate water Source Systems, visit:
http://www.sfdph.org/dph/EH/Water/nonPotable.asp
Annual Self-Certification Checklist Instructions
August 2018
SUBSURFACE INFILTRATION SYSTEM (Aggregate Filled)
(AKA: dry well, stormwater drainage
well, stormwater injection well, infiltration
gallery, seepage pit)
NOTE: These instructions are intended to be a companion piece to the Annual Self-Certification Checklist. The information contained herein is to be used to help the preparer of the Annual Self-Certification Checklist accurately conduct an inspection and properly complete the form.
Abbreviations: SMR: San Francisco Stormwater Management Regulations and Design Guidelines; SCP: Stormwater Control Plan; SMO: San Francisco Stormwater Management Ordinance; BMP: Best Management Practice (Dry Well); GI: Green Infrastructure
Item # Inspection Item
Description Inspection Instructions and Explanation
1 Unpleasant odors
Area of Concern:
Several maintenance-related factors can lead to unpleasant odors in GI installations. Any dry well that consistently fails to draw down completely within 48 hours can become anaerobic. The buildup of bacteria inside the dry well, along with decaying organic material and trash can cause these odors.
Maintenance Solution:
For more information on extended drawdown time, see the Inspection instructions and explanation for Item #3 below. 2 Surface ponding over
dry well location
Area of Concern:
Surface ponding over the dry well location is an indication of a failure somewhere in the system. Several factors can lead to surface ponding, including:
• Reduced infiltration capacity due to:
o Sediment build up in the dry well
o Contaminants that have blocked infiltration surfaces in the dry well such as cement slurry o Over compaction around the dry well structure
o Root intrusion that has blocked aggregate void space
• Clogged outflow or emergency overflow structures or pipes
Maintenance Solution:
For more information on extended drawdown time, see Item #3 below.
DO NOT SUBMIT WITH CHECKLIST
August 2018
3 Water in inspection
cleanouts during dry
season / extended
drawdown time > 48
hrs.
Area of Concern:
Ponded water and extended drawdown times beyond 48 hours in dry well installations can lead to several problems such as unpleasant odors, lack of capacity to accommodate runoff from successive storms, and creation of mosquito habitats.
Ponded water and drawdown failure can be caused by the following:
• large amounts of sediment or debris accumulation in the dry well • blocked, clogged, or broken drains
• blocked or clogged outflow structures and/or sand traps
Inspecting the outflow structure or sand trap can be done by removing the lid or opening the access hatch and visually inspecting for standing water or excessive debris accumulation.
Maintenance Solution:
Clogged outflow structures can be cleared by jetting or snaking the underdrain pipe or culvert that connects the structure to the sewer, and by removing accumulated debris and sediment from the bottom of the structure.
Item # Inspection Item
Description Inspection Instruction and Explanation
5 Visible contaminants /
pollution on interior
surfaces of cleanout
pipe
Area of Concern:
Visible surface contaminants and pollution can range from inert substances to hazardous substances that impact environmental or human health.
Examples of inert contaminants are masonry, plaster or concrete “washout,” and masonry or roadway saw cutting slurry and residue. Examples of hazardous contaminants are petroleum-based substances, caustic chemicals, pesticides and herbicides. These pollutants can often be identified by sight or smell when they become deposited in a dry well.
Maintenance Solution:
If pollutants are detected, investigations must be conducted to determine the source of the contaminant, mitigate that source, and then take steps to clean up the contamination. For inert substances, cleanup of aggregate filled dry wells may require removal and replacement of the contaminated aggregate and discarding the contaminated material at an appropriate facility. Hazardous substance cleanup will require specially trained and licensed contractors and special disposal conforming to local and national laws and regulations. 6 Pretreatment device
damaged or
bypassed / offline
Area of Concern:
To provide floatable and sediment capture from stormwater upstream of the dry well, a pretreatment device must be in place and working properly.
Maintenance Solution:
To ensure that pretreatment devices are online and working properly during dry weather, run a garden hose or other water source into a nearby cleanout or inlet to test that water enters and exits the pretreatment device before accumulating in the dry well. If the pretreatment device is missing, unhooked or damaged, replace with a new device.
7 Sediment build-up in
pretreatment device /
device clogged
Area of Concern:
Sediment accumulation in pretreatment devices is normal and expected. However, steps must be taken to remove sediment accumulation on an annual basis (or more often, depending on site conditions) to keep the pretreatment device functioning properly.
Maintenance Solution:
Sediment and debris can collect in the sump area (sediment storage area). This accumulated sediment and debris must be removed by hand or by vactor truck before the start of the rainy season (October 15), or as frequently as site conditions dictate, and discarded at an appropriate facility.
Annual Self-Certification Checklist Instructions
August 2018
8 Inlet, outlet, and/or
emergency overflow
blockage
Area of concern:
Trash and debris can create blockages at the inlet and outlet points, or at the overflow structure of dry wells, inhibiting the flow of water into, through or out of the facility.
Inlet blockages can cause stormwater flows to bypass the dry well, or only allow partial flows into the dry well, creating a situation where the dry well is non- functioning or underperforming. Outlet pipe and outlet structure blockages can create excessive ponding within and around the dry well, potentially leading to hazardous conditions and property damage.
Maintenance Solution:
Blockages must be cleared before the start of the rainy season (October 15), before each forecast storm if site conditions require, and/or as frequently as site conditions dictate. Trash and debris must be removed by hand or with a vactor truck and disposed of at an appropriate facility. Overflow structure grates, sumps and traps must be cleared of debris by hand or vactor truck and discarded at an appropriate facility.
Item # Inspection Item
Description Inspection Instruction and Explanation
9 Piping or cleanouts
damaged
Area of Concern:
Detention dry wells can contain many structural components that play key roles in the function of the installation. Inlet and outlet piping that directs stormwater to and from the dry well, vent pipes, and cleanouts that provide maintenance access and provide air movement and venting are all key components. If any of these components are damaged, the function of the dry well may be compromised.
Maintenance Solution:
Note if these components are damaged, and take steps to correct the issue and restore the component’s function. 10 Surface settlement
over the dry well
location
Area of Concern:
Improper backfilling during construction can lead to surface settlement that develops suddenly when the dry well first fills with stormwater or slowly over time from a repeated cycle of filling of the dry well and the subsequent infiltration of stormwater. This settlement can cause hazardous surface conditions if the dry well is located under or near a pedestrian area or accessible lawn area.
Maintenance Solution:
Note and monitor any settlement and have the settled surfaces repaired as soon as possible to reduce trip and fall hazards.
August 2018
11 Unauthorized
modifications
Area of Concern:
Unauthorized modifications consist of any changes to a dry well that deviate from the approved construction documents. These modifications can take place during construction or can happen over time, after the dry well is constructed.
The SMR Maintenance Agreement Exhibit B recorded on the deed of the property provides the original approved construction documents that can be referred to and used to determine if modifications have been made.
Maintenance Solution:
All unauthorized modifications must be corrected by returning the dry well to its original configuration, as described in the approved construction documents contained in the SMR Maintenance Agreement Exhibit B. Take steps to correct the issue to restore to the original condition. 12 Mosquitos / larvae
observed in surface
ponding*
Area of Concern:
Ponded water resulting from extended drawdown times beyond 48 hours may lead to the development of a mosquito habitat.
Maintenance Solution:
See Item #3 above for remedies to extended drawdown times. For more information on mosquito control visit http://www.sfdph.org/dph/eh/WestNile/default.asp or http://www.sfmosquito.org/. If mosquitos or mosquito larvae are observed, please contact the San Francisco Environmental Health Vector Control Program at (415) 252-3806, or email [email protected]. Also, consult with a licensed professional pest control service for eradication, as appropriate.
Asset Description Unit of
Measure
Quantity of
Units
Maintenance
Program Maintenance Activity Maintenance Detail Time per Unit (Hours)
Time per
Occurance J F M A M J J A S O N D Annual
frequency Reference
Climbing Structure Metal, Wood Each Climbing Structure Touch Points Spray disinfectant, wipe, rinse, wipe 0 1 1 1 1 1 1 1 1 1 1 1 1 12 SFUSD Custodial Standards
Climbing Structure Metal, Wood Each Climbing Structure Wash Pressure Wash using 200 psi with no solvents 0 1 1 Garbage EnclosuresThree Stream Enclosures Each Garbage Enclosures Empty Toters Remove garbage, recycling, and compost, change liners 0.45 0.45 30 30 30 30 30 30 30 30 30 30 30 30 360 CPRS Garbage EnclosuresThree Stream Enclosures Each Garbage Enclosures Clean Enclosure Pressure wash using general cleaner 0.08 0.08 4 4 4 4 4 4 4 4 4 4 4 4 48 SFUSD Custodial Standards
Garbage EnclosuresGates, asphalt, hydraulic lifter Sq Ft Garbage Enclosures Pressure wash This equipment should be capable of 1,400 to 1,800 psi (9.6 to 12.4 MPa) pressure. Apply the spray at a 30° angle approximately 18 to 24 in. (45 to 60 cm) from the surface and adjust as needed.
0.0003 0.0003 1 1 1 1 4
Hardscape Decomposed Granite 1,000 Sq Ft Decomposed Granite Debris removal Rake, sweep, manually remove litter with pick stick 0.25 0.25 2 2 2 2 2 2 2 2 2 2 2 2 24 CPRS Hardscape Decomposed Granite 1,000 Sq Ft Decomposed Granite Grading and resealing Evenly distribute and spread the Stabilized Path Fines in two equal lifts at 2” depth. Do not spread an entire placement of two inches or greater and then try to water from the top down.
The water will never get all the way through. This is the biggest mistake that can be made. 2. Use approximately 20 gallons of water per ton of Stabilized Path Fines and
thoroughly wet each 2” lift. Periodically check to ensure moisture penetrates the Stabilized Path Fines completely.
There may be a 15-20% shrinkage during compaction so plan ahead with your calculations. 3. Grade the Stabilized Path Fines and wet thoroughly. 4. Let the Stabilized Path Fines sit undisturbed for a minimum of 4 to 6 hours,
weather/temperature dependent. 5. Compact using an asphalt roller or vibratory plate. It is recommended to use an asphalt roller that weights a minimum of 1 ton. Larger 3-5-ton roller works best. Vibratory plates can be substituted where rollers are not practical. Trying to compact at the same time of watering is a sign that insufficient amount of water has been applied. 6. Allow for a minimum of 3 to 7 days of curing time, weather dependent. Curing process is entirely weather
dependent and may take weeks before all layers of the Path Fines are cured. Once fully cured following the steps the Stabilized Path Fines will meet 95% compaction. Any required compaction testing would need to be done once fully cured and never on uncured Path Fines.
3 3 1 1 2 Lyngso
Hardscape Asphalt and Painted Asphalt 10,000 sq ft Hardscape Weed - Hardscape Remove weeds by hand when small. Do not allow weeds to
grow higher than 1 inch above the surface of the hardscape.
Do not use a line trimmer. Patch holes in asphalt immediately. 0 0 CPRS
Hardscape Asphalt and Painted Asphalt 10,000 sq ft Hardscape Litter Pickup Sweep - blow 0.003 0.003 0 Hardscape Asphalt & Painted Asphalt 10,000 sq ft Court Maintenance Litter Pickup Sweep - backpack blower 0.1 #NAME? 30 30 30 30 30 30 30 30 30 30 30 30 360 CPRS Hardscape Asphalt & Painted Asphalt 10,000 sq ft Court Maintenance Wash - Court
1. Wash court with domestic water monthly. 2. Do not place anything on the court surface other than squeegee to clear off the water and tennis shoes, unless court surface is protected. 3.
Court surfaces are commonly resurfaced every 3 to 5 years to extend the longevity of the court surface.
3 #NAME? 1 1 1 1 1 1 1 1 1 1 1 1 12 BSITU Project
Manual
Hardscape Asphalt & Painted Asphalt 10,000 sq ft Court Maintenance Weed - Hardscape Remove weeds by hand when small. Do not allow weeds to
grow higher than 1 inch above the surface of the hardscape.
Do not use a line trimmer. Patch holes in asphalt immediately. 0 0 CPRS
Hardscape Drains Each Drains Clean drains Rake surface, remove grate, rake interior catch basin and clear of debris 0.5 #NAME? 1 1 1 1 1 1 6 CPRS
Hardscape Wood Decking 1,000 sq ft Wood Decking Litter Pickup Manually with pick stick 0.0003 #NAME? 0 CPRS Hardscape Wood Decking 1,000 sq ft Wood Decking Surface Cleaning Remove debris, leaf litter, sweep off puddling water with broom and/or blower 0.001 #NAME? 0
Hardscape Wood Decking 10,000 sq ft Wood Decking Pressure washing Use the lowest possible pressure that is still effective. Pressure for soft wood (like cedar or pine) should be at about 500 to 600 pounds per square inch (psi); harder woods may tolerate more pressure, but you should not go higher than 1,200 psi.
Use a fan tip with a 40- to 60-degree spread. A rotating tip is also suitable if you use it carefully.
Test your pressure and its effectiveness in an inconspicuous area, such as a stair tread. If you find it necessary to replace a piece of wood because you etched it, a stair tread is easier to replace than a surface deck board.
3 #NAME? 1 1 CPRS
Irrigation Dripline Station Drip Irrigation Audit and repairs Run through all irrigation stations, monitor irrigation for effiency, coverage. Mark and repair all leaks, clogs, and troubleshoot pressure issues and inefficiencies
0.25 0.25 1 1 1 1 1 1 1 1 1 1 1 1 12 CPRS
Irrigation Pop-up spray heads with low flow nozzles Station Spray Irrigation Audit and repairs Run through all irrigation stations, monitor irrigation for effiency, coverage. Mark and repair all leaks, clogs, and troubleshoot pressure issues and inefficiencies
0.25 0.25 1 1 1 1 1 1 1 1 1 1 1 1 12
Irrigation Pop-up high volume rotator heads Station Spray Irrigation Audit and repairs Run through all irrigation stations, monitor irrigation for effiency, coverage. Mark and repair all leaks, clogs, and troubleshoot pressure issues and inefficiencies
0.25 0.25 1 1 1 1 1 1 1 1 1 1 1 1 12
Irrigation Irrigation Clock Station Irrigation Timer Programming Quarterly audit irrigation and adjust as necessary 0.25 0.25 1 1 1 1 4 CPRS Natural Turf 90/10 Fescue Blue Grass - Athletic Field Mix 10,000 sq ft Turf Maintenance Litter Pickup Manually with pickup stick 0.0003 0.0003 30 30 30 30 30 30 30 30 30 30 30 30 360 Natural Turf 90/10 Fescue Blue Grass - Athletic Field Mix 10,000 sq ft Turf Maintenance Mowing 21" Walk behind self-propelled bagless push mower. Leave grass clippings onsite to mulch 7 7 4 4 4 4 4 4 4 4 4 4 4 4 48 Natural Turf 90/10 Fescue Blue Grass - Athletic Field Mix 10,000 sq ft Turf Maintenance Seasonal renovation Aerate, seed, top dress with sand. Should remain closed for 4- 6 weeks 8 8 1 1
Natural Turf 90/10 Fescue Blue Grass - Athletic Field Mix 10,000 sq ft Turf Maintenance Hand Watering As Needed using pot sprinkler 0.5 0.5 0 Permeable Pavers PV-1 Pacific Interlock / Plaza Smooth Hydro-flo 10,000 Sq Ft Permeable Hardscape Pressure wash This equipment should be capable of 1,400 to 1,800 psi (9.6 to 12.4 MPa) pressure. Apply the spray at a 30° angle approximately 18 to 24 in. (45 to 60 cm) from the surface and adjust as needed.
3 #NAME? 1 1 2
Interlocking
Concrete
Pavement Institute
Permeable Pavers PV-1 Pacific Interlock / Plaza Smooth Hydro-flo 10,000 Sq Ft Permeable Hardscape Debris Removal - Permeable Hardscape
Vaccuum or blow surface to remove debris from crevices. A minimum air speed of 120 mph (190 kph) is
recommended. Use equipment with a minimum 4 (peak) HP
motor with mini-mum 130 cubic feet (3.7 m3) per minute suction.
1 #NAME? 4 4 4 4 4 4 4 4 4 4 4 4 48
Interlocking
Concrete
Pavement Institute
Permeable Pavers PV-1 Pacific Interlock / Plaza Smooth Hydro-flo 10,000 Sq Ft Permeable Hardscape Graffiti Abatement Apply with Prosoco Defacer Eraser with brush, wait 5 min, rinse from bottom to top with 400psi. Reapply Defacer Eraser Sacrificial Coating
#NAME? 0 Prosoco Manual
Plant Beds Perennial beds with low-water, woody shrubs, annuals. 2-3 inch layer of organic mulch. Drip or spray irrigation Sq Ft Perennial Beds Weeding Manual hand removal 0.001 0.001 1 1 2 2 2 2 1 1 1 1 1 1 16 CPRS Plant Beds Perennial beds with low-water, woody shrubs, annuals. 2-3 inch layer of organic mulch. Drip or spray irrigation Sq Ft Perennial Beds Mulching Supplemental applications to maintain 2 inch layer 0.03 0.03 1 1 1 1 4 CPRS Plant Beds Perennial beds with low-water, woody shrubs, annuals. 2-3 inch layer of organic mulch. Drip or spray irrigation Sq Ft Perennial Beds Planting 0 0 Plant Beds Perennial beds with low-water, woody shrubs, annuals. 2-3 inch layer of organic mulch. Drip or spray irrigation Sq Ft Perennial Beds Pruning 0 0 Plant Beds Perennial beds with low-water, woody shrubs, annuals. 2-3 inch layer of organic mulch. Drip or spray irrigation Sq Ft Perennial Beds Litter Pickup Manually with pick stick 0.0003 0.0003 20 20 20 20 20 20 20 20 20 20 20 20 240 CPRS Railings Linear Ft Railings Touch Points Spray disinfectant, wipe, rinse, wipe 0.0003 0.0003 4 4 4 4 4 4 4 4 4 4 4 4 48 SFUSD Custodial Standards
Railings Railings Sticker/Gum removal Soap and water, plastic scraper 0 As Needed SFUSD Custodial Standards
Raised Planters Edible/Annual Each Pest Management Terminix Tech Visit Bi-monthly visits - Check and clean traps 0.05 #NAME? 2 2 2 2 2 2 2 2 2 2 2 2 24 CPRS Raised Planters Edible/Annual Each Green Schoolyard Drip Irrigation Audit, flush, minor repairs 0.5 #NAME? 1 1 1 1 4 CPRS Raised Planters Edible/Annual Each Green Schoolyard GSY Deliveries Bi-annual delivery of mulch, soil and/or compost #NAME? 1 1 2 GSY Agreement Safety Surfacing Fibar 10,000 sq ft Fibar: Regular
Maintenance Visual Inspection
Look for debris-especially stones, broken glass or other foreign objects and remove them. Check to make sure that the level or depth of the Fibar® Engineered Wood Fiber surface doesn't fall below the original design depth. The legs of the equipment should have been marked with a bold horizontal mark showing the design depth when originally installed. If they are not, take the time to mark the legs with an indelible marker at the original design depth, measuring from the bottom of the Fibar surface. This will allow you to readily see when Fibar needs to be redistributed or topped off to maintain proper original design depth. If the equipment was not marked, or you choose not to mark it, the surface must be checked at a number of points using a long-handled screwdriver marked in inches to determine the actual depth. If the actual depth is below the original design depth, redistribution and/or top-off is needed. See Raking, and top off if the depth of the Fibar is below the original design depth. Inspect the surface daily.
Drainage. Check the performance of the drain system by ensuring that water is flowing from a drain system outflow pipe immediately after rain. Also, make sure there is no standing water on the playground surface. It is important to have a functioning drainage system to improve Fibar’s life expectancy and the resilience of the surfacing.
0.0025 #NAME? 30 30 30 30 30 30 30 30 30 30 30 30 360 Fibar Maintenance Recommendations
Safety Surfacing Fibar 1,000 sq ft Fibar: Annual Top Off Experience has shown that installations typically require top- offs after three (3) years of use (on some playgrounds, maybe sooner). Top-Offs can sometimes be scheduled with other deliveries to minimize the freight cost. See Paragraph 1, Visual Inspection, for guidelines on how to know when your playground needs a surface top-off. Depending on weather and usage, a Fibar surface will compact to provide access for wheelchairs, crutches, walkers, and wheeled vehicles within two to six weeks of installation.
At accessible entrances onto the playground surface, ensure that the Fibar material, accessible route or the top of the access ramp is within ¼ inch of the top of the play area border. An ADA-compliant access ramp into the play area will help
reduce maintenance in this area.
3 3 1 1 Fibar Maintenance
Recommendations
Safety Surfacing Fibar 1,000 sq ft Fibar: Regular
Maintenance Raking
Wear areas (See Incorrect Installation or Maintenance) should be raked level and maintained at the original design depth as measured from the bottom of the Fibar surfacing enclosure to the top of the Fibar surface. See Top-Off, if more Fibar is needed to maintain the original depth. See Visual Inspection, regarding the use of the marks on the legs of the equipment to readily determine the relationship between the actual depth and the original design depth. When a Fibar Engineered Wood Fiber installation is close enough to a sand pit that sand gets tracked into the Fibar surface, this could adversely change the impact attenuation characteristics of the Fibar Engineered Wood Fiber.
0.55 0.55 4 4 4 4 4 4 4 4 4 4 4 4 48 Fibar Maintenance
Recommendations
Safety Surfacing Fibar 1,000 sq ft Fibar: Regular
Maintenance Weeding Manual removal with hand 0.25 0.25 4 4 4 4 4 4 4 4 4 4 4 4 48 Fibar Maintenance Recommendations
Safety Surfacing Fibar 1,000 sq ft Fibar: Regular
Maintenance Debris Removal
Vacuum the surface by using a lawn vacuum or similar device.
This will clear the permeable openings in the EPDM top
surface. This is the preferred method of cleaning the surface. inspection is then necessary to ensure that all particles have been removed. Repeat vacuum or blowing procedure until the surface has been totally cleared of all particles.
0.15 0.15 4 4 4 4 4 4 4 4 4 4 4 4 48 Fibar Maintenance
Recommendations
Safety Surfacing Fibar 1,000 sq ft Fibar: Regular
Maintenance Surface Cleaning
Using the correct cleaning product is an important aspect of cleaning the playground surface. Here is a partial list of items to be cleaned and the recommended cleaning agent for each.* loosen any dry excrement that is stuck to the surfacing; this could cause disease‐causing fungus in the deposition to become airborne. Wear disposable gloves. Remove any loose excrement. Scrub deposits with a damp cloth using Bon
Ami™, Borax™ or STPP, and then wash with a Borax™ or
Sodium Tripolyphosphate (STPP) solution. Soak up residue with disposable rags. Disinfect by spraying on hydrogen peroxide (3% solution), and let stand for at least two minutes, then spraying again with vinegar (5% acid), and let stand for at least two minutes. (Do not mix these together; spray separately for best results.) Soak up residue with disposable rags. Double Remove and disinfect by spraying on hydrogen peroxide and let stand for at least two minutes, then spraying again with vinegar and let stand for an additional two minutes. Soak up Chewing gum ― Apply dry ice (regular ice isn’t as effective) to freeze the gum and lightly scrape it from the surface to water. Soak up with disposable rags. Double‐rinse with clean water. Grass stains — Apply orange oil cleaner, such as Citra‐Solv. Work in and soak up with disposable rags.Double‐ Saturate with hydrogen peroxide (3%) and let stand for at least five minutes. Repeat process using white vinegar. Soak up marks ― Scrub with dampened Bon Ami™, Borax™, or
0 As Needed Fibar Maintenance
Recommendations
Synthetic Turf 1,000 Sq Ft Synthetic Turf Groom with drag brush Tow behind drag brush and screen, infill can be kept onsite 0.06 0.06 8 8 8 8 8 8 8 8 8 8 8 8 96 California Parks & Recreation Society
Synthetic Turf 1,000 Sq Ft Synthetic Turf Litter Pickup Sweep - blower 0.1 0.1 20 20 20 20 20 20 20 20 20 20 20 20 240 SFUSD Custodial Standards
Synthetic Turf 1,000 Sq Ft Synthetic Turf Water
Gently spray down your lawn each week with a hose to
remove dust, dirt, or pollen. Occasionally watering your synthetic grass lawn also helps prevent unequal distributions of infill.
0.09 0.09 4 4 4 4 4 4 4 4 4 4 4 4 48
Recommendations
from Synthetic
Grass Warehouse
Synthetic Turf 1,000 Sq Ft Synthetic Turf Infill Refresh Checking and replenishing the infill level especially in high use areas. The infill creates the padding and shock-absorption for the synthetic turf system and restores the field’s
resiliency.It takes about 20 tons of crumb rubber to provide ¼ inch layer.
0.06 0.06 1 1 2
Recommendations
from Synthetic
Grass Warehouse
Synthetic Turf 1,000 Sq Ft Synthetic Turf Spot clean, disinfect Scrub with damp disposable cloth and Borax, wash with
Borax solution, soak up with disposable rags, spray with disinfectant, wait 2 min, spray with vinegar, wait 2 min, soak up residue with dispoable rags
0 8 8 8 8 8 8 8 8 8 8 8 8 96
Recommendations
from Safe &
Healthy Playing
Fields Coalition
Track Plexitrac 1,000 Sq Ft Safety Surface Debris removal Vaccuum or blow debris particles 0.15 0.15 2 2 2 2 2 2 2 2 2 2 2 2 24 Robertson Rec Track Plexitrac 1,000 Sq Ft Safety Surface Spot cleaning, disinfecting Scrub with damp disposable cloth and Borax, wash with
Borax solution, soak up with disposable rags, spray with disinfectant, wait 2 min, spray with vinegar, wait 2 min, soak up residue with dispoable rags
0 As Needed Robertson Rec
Trees Fruit Trees Each Fruit Trees Trim Prune annually following fruiting and before spring bloom 1.1 1.1 1 1 CPRS Trees Fruit Trees Each Fruit Trees Fertilize Twice per year at bloom time and fruiting time 0.5 0.5 1 1 2 CPRS Trees Fruit Trees Each Fruit Trees Bi-monthly visits Check and clean traps, inspect for rodent activity 0.25 2 2 2 2 2 2 2 2 2 2 2 2 24 SFUSD Custodial Standards
Trees Deciduous - Young Each Trees Trim To promote air flow, prevent diseases 0.25 0.25 1 1 2 Trees Deciduous - Mature Each Trees Trim To promote air flow, prevent diseases 0.25 0 Trees Evergreen -Young Each Trees Trim To promote air flow, prevent diseases 0.25 0 Trees Evergreen - Mature Each Trees Trim To promote air flow, prevent diseases 0.25 0 Trees Pollarded trees Each Trees Trim Annual pollarding 0.75 0.25 0 Water Fountains 3 tiered Each Water Fountain Disinfect Flush for 30 seconds each morning, disinfect daily 0.08 0.08 30 30 30 30 30 30 30 30 30 30 30 30 360 SFUSD Custodial Standards
EXHIBIT D
DISTRICT GENERAL AND SPECIAL CONDITIONS
Lead Testing Requirements for Drinking Fountains and other potable water sources.
A. New school facilities under construction, or school facilities undergoing a modernization or renovation program, shall not utilize lead-based paint, lead plumbing or solders, or other potential sources of lead contamination (added by stats. 1992, c. 1317 (A.B. 1659)2. of General Education Code Provisions.
B. The California Health and Safety Code, Section 116875, effective January 1, 2010, states in part and requires that, no person shall use any pipe, pipe or plumbing fitting or fixture, or solder or flux that is not lead free in the installation or repair of any public water system or any plumbing in a facility providing for human consumption C. Water from new, contractor-installed drinking water fixtures shall meet current SFUSD requirements for drinking water of less than 5 parts per billion lead. Drinking water fixtures will be considered non-compliant items subject to correction at no additional cost to the District. Drinking water fixtures include all fixtures that are likely sources of drinking water including but not limited to; drinking fountains, classroom sinks and bubblers, kitchen sinks, faculty sinks and nurse sinks.
D. Contractor shall adequately flush all newly installed drinking water fixtures prior to testing. Drinking water fixtures shall be flushed multiple times daily for a minimum of two weeks prior to testing.
E. Where drinking water fixtures have been installed but not tested, or where drinking water fixtures have not met the requirements specified herein, Contractor shall flush each fixture multiple times per day and maintain a detailed and accurate flushing log until such time acceptable testing results are achieved. At a minimum, Contractor shall be required to flush each drinking water fixture prior to the start of school each day.
F . Flushing logs must include dates, times and duration for each flushing event at each fixture. Contractor must sign and certify flushing logs are true and accurate and submit them to the District on a weekly basis.
Work and Site Use Restrictions
A. The School will remain open during the academic year. The Work of this project must take into account that the site will be occupied by students and staff and will be phased as generally described above and in other contract documents.
B. Non-School hours are defined as hours before7:00 AM, and after 3:30 PM on days when school is in session. <CONFIRM SCHOOL HOURS PRIOR TO BIDDING> C. Hazmat work prohibited between7:00 AM and 6:00 PM. Haz-Mat Abatement cannot be performed while students or school staff are on site.
D. Follow City of San Francisco Noise Ordinance.
E. Work that is hazardous, noisy, or that causes vibration may not be performed in the buildings or on the site during school hours, without written approval from the District Representative. This includes but is not limited to the following work activities:
a. Haz-Mat Abatement
b. Concrete bushing, chipping, grinding, jack hammering. c. The use of Powder-Actuated Tools (PAT’s)
d. Floor grinding to remove adhesive.
e. Chemicals used in quantities that cause excessive odor and can not be effectively ventilated. As determined by the Owners Representative. f. Wall tile removal. Hand scraping or chipping may be acceptable as approved by the Owner's Representative.
g. Large impact drills for use in concrete.
h. Smaller Bulldog type impact drills for ¼" holes or less. i. Operation of cranes in occupied areas, including drilling rigs, and concrete pump trucks.
j. Chop Saws for metal cutting. These may be used if isolated in a temporary sound deadening room constructed by the Contractor as approved by the Owner’s representative.
k. The use of abrasive or “hot” saws to cut steel decking. l. Earthwork compaction, including the operation of vibratory compaction equipment.
m. Saw cutting of asphalt and concrete.
n. Welding.
o. Asphalt placement or grinding.
p. Compaction of earthwork.
F . School Academic Testing: No work which creates noise or a vibration in the structure which can be heard and/or felt in occupied classrooms may be done on the following dates between 7:00 a.m. and 12:30 p.m. due to academic testing. These dates are approximate and the Contractor shall confirm each school with the District during the school year.PROJECT TEAM TO VERIFY THE ACADEMIC TESTING SCHEDULE
BELOW FOR EACH PROJECT WITH THE PRINCIPAL AND UPDATE THE
INFORMATION BELOW
a. English Learners: 3 days between September and October. b. Student Testing: 15 days between April and May.
c. Other Testing: To be verified with the District
G. All work remaining on a phase after the occupancy date of that phase shall be done during non-school hours.
H. Temporary hard barriers as necessary for each phase shall be constructed prior to the start of each phase of work in accordance with section “Construction Facilities”. On a site plan indicate lay down areas, pedestrian walkways, and contractor parking areas Snow fencing is not acceptable as hard fencing. The Contractor shall submit diagrams for each phase one week prior to start of construction of that phase, indicating the construction zone, and barricades and access for students and School Personnel, for approval by the District Representative. The Contractor must provide and maintain access and code compliant egress to and from all occupied spaces. Contractor shall post temporary signage (appropriate and secure) shall be posted to redirect students and staff for emergency exiting.
I. The Contractor shall diligently maintain all construction zone barricades and fencing.
Fence panels shall be secured with two fence clamps per joint. The Contractor shall secure end panels in a manner acceptable to the District Representative. The use of tie wire will not be an acceptable method for securing fence panels. Construction zone gates shall be secured with chains and District provided padlocks.
J. When school is in session any work that occurs in the building and cannot be safely segregated from students must be performed during non-school hours.
K. The existing fire alarm system and fire sprinkler system shall remain operational twenty four (24) hours/day, seven (7) days/week. If at any time during the Project the existing fire alarm system is not fully operational, the Contractor, at its own expense, shall provide a “Fire Watch” acceptable to the District Representative and San Francisco Fire Department or install temporary devices including smoke and/or heat detectors and horn/strobes. Temporary devices shall be no less than 25 feet from an exit door and no further than 75 feet between devices and shall be programmed into the Fire Alarm Control Panel. Wiring for temporary devices may be secured/fastened to the wall and/or ceiling and is not required to be in conduit. All temporary devices shall be removed from programming when a permanent fire alarm system is in place, tested, and accepted as fully operational.
L. Contractor to verify the dates and obtain approval for the timing, demolition, and construction of the Work in each area and phase with the District.
M. The Work of each phase shall include the building or buildings indicated (if applicable) and the adjacent site work required for safe access and egress for District Occupancy at the completion of each phase.
N. The Contractor shall carefully review the Drawings and other Contract Documents to fully understand the interdependency of the phases, the buildings, and the site work.
O. Work on weekends, evenings or holidays may be required to meet the project phasing schedules.
P . Access to the school buildings and entry to buildings, classrooms, restrooms, mechanical rooms, electrical rooms, or other rooms, for construction purposes, must be coordinated with District and onsite District personnel before Work is to start. a. Upon request, the District may, at its own discretion, provide a master key to the school site for the convenience of the Contractor. The Contractor agrees to pay all expenses to re-key the entire school site and all other affected District buildings if the master key is lost or stolen or if any unauthorized party obtains a copy of the key or access to the school.
Q. The Contractor is responsible for off site parking for their personnel. The Contractor is not permitted to park any vehicles on campus.
R. No catering trucks are permitted on District property.
Utility Work.
A. The Contractor is advised that Work is to be performed on campuses regularly scheduled for instruction. Interruption and/or periods of shutdown of public access, electrical service, water service, lighting, or other utilities shall be only as arranged in advance with the District. Contractor shall provide temporary services to all facilities interrupted by Contractor’s Work.
a. The Contractor shall maintain in operation during the duration of Contract, drainage lines, storm drains, sewers, water, gas, electrical, steam, irrigation systems and other utility service lines (including but not limited to low voltage systems and fire sprinkler systems) within the working area.
Vest and Badge Requirements
A. The District reserves the right to require the Contractor to do the following:
a. No employee or independent contractor to the Contractor or any Subcontractor, of any tier, shall be permitted access to the Site at any time unless such individual wears, in a prominent visual manner, a photographic identification badge issued by the District. The identification badge shall be prominently worn at all times while at the Site. Any person performing any Work at the Site without wearing a duly issued District photographic identification badge will be immediately removed from the Site. The District will issue photographic identification badges only to those individuals who are identified on a Fingerprinting Certification of the Contractor or a Subcontractor. The photographic identification badges are the sole and exclusive property of the District. The Contractor shall promptly return to the District each photographic identification badge once an employee or independent contractor to the Contractor or any Subcontractor of any tier has completed his Work at the Site or is absent from the Site for a period of thirty (30) consecutive days, whichever first occurs.
b. All costs associated with this requirement are at the Contractors expense. c. No employee or independent contractor to the Contractor or any Subcontractor, of any tier, shall be permitted access to the Site at any time unless such individual wears, in a prominent visual manner, a safety vest that has been approved by the District. All vests must include the General Contractors company logo, with an area of at least 144 square inches. Any person performing any Work at the Site without wearing an approved vest will be removed from the site.
Construction Facilities
A. District Occupied Areas. The Contractor, at the Contractor’s expense, shall separate the construction area from District occupied areas using physical barrier and/or temporal isolation methods that protect the occupied areas from dust, odors, noise, visual distractions or any other source of disruption of educational operations in adjacent or nearby areas. Prior to any demolition work starting, the Contractor is to submit a plan for meeting these requirements to the District for approval. Plan shall include the dimensioned locations of all physical barriers.
a. The contractor shall submit a detailed plan for meeting these requirements to the District for approval. The Contractor shall identify the person responsible for implementing, monitoring and enforcing the requirements set forth in the Contractor’s plan and the Contract Documents. The plan shall include the following:
i. A set of drawings showing the locations of temporary partitions to be used to separate construction areas from occupied areas, the path of travel to and from construction areas, emergency exits, locations of fire extinguishers, etc for each phase of work.
ii. Procedures for controlling dust, fumes, and odors in construction areas. iii. Procedures for preventing dust, fumes, and odors from migrating into occupied areas of the building.
iv. Procedures for responding to a spill outside the construction area. v. Method of communicating plan requirements to all subcontractors.
B. Portable and Temporary Chain-Link Fencing
a. Maximum 2-inch (50-mm) Minimum 9-gage, galvanized steel, chain-link fabric fencing; minimum eight feet (2.4 m) high with galvanized steel pipe posts; minimum 2-3/8-inch- (60-mm-) OD line posts and 2-7/8-inch-(73-mm-) OD corner and pull posts, with 1-5/8-inch- (42-mm-) OD top and bottom rails. b. For portable chain-link fencing, provide galvanized steel support bases for supporting posts. Use bolt clamp connections. No wire ties to secure between fence panels. Secure temporary fencing to substrate via mechanical means, and patch any holes upon removal of the temporary fencing.
c. Provide gates in sizes and at locations necessary to accommodate fire truck access and other construction operations.
d. Maintain security by limiting the number of keys and restricting distribution to authorized personnel. Provide the District with three sets of keys, and daisy chain SFUSD provided lock for dual access.
e. Visual Barrier: Provide and install mesh screen with District approved connections to fencing for visual barrier
Closeout requirements
A. Record Drawings: Maintain an Electronic Plan Room set in a Bluebeam Project consisting of the Contract Drawings, Shop Drawings, Submittal Data, and all Construction Change Documents
a. Mark Record drawings to show the actual installation where installation varies from that shown originally as well as construction added to the Contract that is not indicated on the Contract Drawings or Specifications. Require individual or entity who obtained record data, where individual or entity is installer, subcontractor, or similar entity, to prepare the marked-up Record Prints. b. Keep Record Drawings current, and available, online, for inspection at all times by the District’s representative.
c. Give particular attention to information on concealed elements that cannot be readily identified and recorded later. Concealed shall mean construction installed underground or in an area which cannot be readily inspected by use of access panels, inspection plates or other removable features. Provide dimensions for underground and concealed work from fixed objects such as property lines or other benchmarks.
d. Accurately record information on all relevant sections of the Record Documents. e. Record data as soon as possible after obtaining it. Record and check the markup before enclosing concealed installations.
f. Mark Contract Drawings or Shop Drawings, whichever is most capable of showing actual physical conditions, completely and accurately. Where Shop Drawings are marked, show cross-reference on Contract Drawings. g. Mark record sets with red markups Use other colors to distinguish between changes for different categories of the Work at the same location. h. Mark important additional information that was either shown schematically or omitted from original drawings.
i. Note Construction Change Directive numbers, Change Order numbers, alternate numbers, RFI numbers, ASI numbers, and similar identification where applicable. j. Identify, digitally sign, and date, each Record Drawing: include the designation “PROJECT RECORD DRAWING” in a prominent location. Organize into manageable sets, and transmit electronically to SFUSD.
B. Record Specifications: Submit one electronic copy of Project’s Specifications, including addenda and contract modifications. Mark copy to indicate the actual product installation.
a. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later.
b. Mark copy with proprietary name and model number of products, materials, and equipment furnished, including substitutions and product options selected. c. Note related Change orders, Record Drawings, where applicable.
C. Record Product Data: Submit one copy of each Product Data submittal in an acceptable digital medium. Mark one set to indicate the actual product installation where installation varies substantially from that indicated in Product Data. a. Include Safety Data Sheets.
b. Give particular attention to information on concealed products and installations that cannot be readily identified and recorded later.
c. Include significant changes in the product delivered to Project site and changes in manufacturer’s written instruction for installation. d. Note related Change Orders, Record Drawings, where applicable.
D. Operation & Maintenance Manuals
a. Assemble a complete set of operation and maintenance data in an acceptable digital medium indicating the operation and maintenance of each system, subsystem, and piece of equipment not part of a system. Include operation and maintenance data required in individual Specification Section and as follows:
i. Manufacturer's Manuals: Submit complete installation, operation, maintenance and service manuals, and printed instructions and parts lists for all materials and equipment where such printed matter is regularly available from the manufacturer. This includes, but is not limited to such service manuals as may be sold by the manufacturer covering the operation and maintenance of his items, and complete replacement parts lists sufficiently detailed for parts replacement ordering to manufacturer. Piping diagrams and wiring diagrams are to be included.
E. Warranties & Guarantees
a. Submit a minimum two (2) year warranty and guarantee for all improvements installed.