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Storm Water Trash Facilities Maintenance Agreement MDRA16-031 Ironwood 12 LLC 2021-0608267RECORDING REQUESTED BY: CITY OF POWAY AND WHEN RECORDED MAIL TO: CITY CLERK CITY OF POWAY P 0 BOX 789 POWAY, CA 92074 DOC# 2021-0608267 11111111111111111111i111111111111111111111111111111111111111111111 Aug 26, 2021 04:07 PM OFFICIAL RECORDS Ernest J. Dronenburg, Jr., SAN DIEGO COUNTY RECORDER FEES: $0.00 (SB2 Atkins: $0.00) PAGES: 40 (THIS SPACE FOR RECORDER'S USE) APN: 314-840-09 STORM WATER MANAGEMENT FACILITIES MAINTENANCE AGREEMENT Gold Residence: 13355 Del Poniente Road MDRA16-031 The undersigned grantor(s) declares: Documentary Transfer Tax is $ -0- pursuant to R & T Code 11922 (conveyance to a Government Agency) This AGREEMENT for the maintenance and repair of certain Storm Water Management Facilities is entered into between the Property Owner(s) IRONWOOD 12 LLC, (hereinafter referred to collectively as "OWNER") and the City of Poway (hereinafter referred to as "CITY") for the benefit of the CITY, the OWNER, the successors in interest to the CITY or the OWNER, and the public generally. WHEREAS, OWNER is the owner of certain real property located in the City of Poway, California, more particularly described as Lot 9 of Parcel Map 14091, in the County of San Diego, State of California, filed in the Office of the County Recorder of San Diego County, December 5, 2000 (hereinafter referred to as the "PROPERTY"), which is being developed into a single-family residence, in accordance with applications for a Minor Development Review Application MDRA16-031 and Building Permit Number B19-1530, which are on file with the CITY. This Agreement is required as a condition of approval for such development. WHEREAS, in accordance with the City of Poway's Stormwater Management and Discharge Control Ordinance, Poway Municipal Code, Chapters 13 and 16 (the "Stormwater Ordinance"), the City of Poway Subdivision Ordinance, the City of Poway Zoning Ordinance, the City of Poway Grading Ordinance and/or other ordinances or regulations of CITY which regulate land development and urban runoff, OWNER has proposed that storm water runoff from the PROPERTY be managed by the use of the following Storm Water Management Facilities which are identified as "Best Management Practices" or "BMPs": Two (2) biofiltration basins and two (2) Contech Filterra units located onsite as shown on Exhibit "A". The precise location(s) and extent of the BMPs are indicated on the approved building plans on file with CITY's Development Services Department as B19-1530. The manner and standards by which the BMPs must be repaired and maintained in order to retain their effectiveness and the approximate location of the BMPs are as set forth in the Operation and Maintenance Plan (hereinafter "O&M PLAN"), which is attached hereto and incorporated herein as Exhibit "B". Because additional impervious area may require the addition of or alteration of storm water management facilities and strategies, no impervious area may be added to the project site without prior approval from the City Engineer. Additional impervious area includes, but is not limited to, patio covers, hardscape improvements, and building additions. WHEREAS, OWNER's representations that the BMPs will be maintained have been relied upon by CITY in approving OWNER's development applications. It is the purpose of this Agreement to assure that the BMPs are maintained, by creating obligations that are enforceable against the OWNER and the OWNER's successors in interest in the PROPERTY. It is intended that these obligations be enforceable notwithstanding other provisions related to BMP maintenance that are provided by law. NOW, THEREFORE, for consideration of (a) CITY's approval of the above development applications and (b) the mutual covenants set forth herein, IT IS HEREBY AGREED AS FOLLOWS: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein by this reference and constitute a part of this AGREEMENT 2. Maintenance of Storm Water Management Facilities. OWNER agrees, for itself and its successors in interest, to all or any portion of the PROPERTY, to comply in all respects with the requirements of the Stormwater Ordinance with regards to the maintenance of BMPs, and in particular agrees to perform, at its sole cost, expense and liability, the following "MAINTENANCE ACTIVITIES": all inspections, cleaning, repairs, servicing, maintenance and other actions specified in the O&M PLAN, with respect to all of the BMPs listed above, at the times and in the manner specified in the O&M PLAN. OWNER shall keep records of this maintenance and provide copies of such records and annual certification of maintenance as requested by CITY. OWNER shall initiate, perform and complete all MAINTENANCE ACTIVITIES at the required time, without request or demand from CITY or any other agency. OWNER further agrees that "MAINTENANCE ACTIVITIES" shall include replacement or modification of the BMPs in the event of failure. Replacement shall be with an identical type, size and model of BMP, except that: (a) The City Engineer may authorize substitution of an alternative BMP if he or she determines that it will be as effective as the failed BMP; and (b) If the failure of the BMP, in the judgment of the City Engineer, indicates that the BMP in use is inappropriate or inadequate to the circumstances, the BMP must be modified or replaced with a more effective BMP to prevent future failure in the same or similar circumstances. 3. Notices. OWNER further agrees that it shall, prior to transferring ownership of any land on which any of the above BMPs are located, or any lot or portion of the PROPERTY which is served by the above BMPs, and also prior to transferring ownership of any such BMP, provide clear written notice of the above described maintenance obligations to the transferee. 4. CITY's Right to Perform Maintenance. It is agreed that CITY shall have the right, but not the obligation, to elect to perform any or all of the MAINTENANCE ACTIVITIES if, in the CITY's sole judgment, OWNER has failed to perform the same. Such maintenance by the CITY shall be conducted in accordance with the nuisance abatement procedures set forth in Poway Municipal Code Chapter 8.72. In the case of maintenance performed by the CITY, it may be performed by CITY forces, or a contractor hired by the CITY, at the CITY's sole election. It is recognized and understood that the CITY makes no representation that it intends to or will perform any of the MAINTENANCE ACTIVITIES, and any election by CITY to perform any of the MAINTENANCE ACTIVITIES shall in no way relieve OWNER of its continuing maintenance obligations under this agreement. If CITY elects to perform any of the MAINTENANCE SWM FMA (B19-1530) Page 2 ACTIVITIES, it is understood that CITY shall be deemed to be acting as the agent of the OWNER and said work shall be without warranty or representation by CITY as to safety or effectiveness, shall be deemed to be accepted by OWNER "as is", and shall be covered by OWNER's indemnity provisions below. If CITY performs any of the MAINTENANCE ACTIVITIES, after CITY has demanded that OWNER perform the same and OWNER has failed to do so within a reasonable time stated in the CITY's demand, then OWNER shall pay all of CITY's costs incurred in performing the MAINTENANCE ACTIVITIES, plus an administrative fee. OWNER's obligation to pay CITY's costs of performing MAINTENANCE ACTIVITIES is a continuing obligation. If OWNER fails to pay CITY's costs for performing MAINTENANCE ACTIVITIES, CITY may assess a lien on the property or properties of the responsible parties pursuant to the procedures set forth in Poway Municipal Code Chapter 8.72. 5. Grantof Easement to CITY. OWNER hereby grants to CITY a perpetual easement over, under and across all of the PROPERTY, for purposes of accessing the BMPs, inspecting the BMPs, and performing any of the MAINTENANCE ACTIVITIES specified in Paragraph 1 above. CITY shall have the right, at any time and without prior notice to OWNER, to enter upon any part of said area as may be necessary or convenient for such purposes. OWNER shall at all times maintain the PROPERTY so as to make CITY's access clear and unobstructed. 6. Administration of Agreement for CITY. CITY hereby designates the City Engineer as the officer charged with responsibility and authority to administer this Agreement on behalf of CITY. Any notice or communication to the City related to the implementation of this Agreement shall be addressed to: City Engineer City of Poway 13325 Civic Center Drive Poway, CA 92064 7. Defense and Indemnity. CITY shall not be liable for, and OWNER and its successors in interest shall defend and indemnify CITY and the employees and agents of CITY (collectively "CITY PARTIES"), against any and all claims, demands, liability, judgments, awards, fines, mechanic's liens or other liens, labor disputes, losses, damages, expenses, charges or costs of any kind or character, including attorneys' fees and court costs (hereinafter collectively referred to as "CLAIMS"), related to this Agreement (specifically including but not limited to OWNER's alleged noncompliance with the Stormwater Ordinance), and arising either directly or indirectly from any act, error, omission or negligence of OWNER, OWNER's successors, or their contractors, licensees, agents, servants or employees, including, without limitation, claims caused by the concurrent negligent act, error or omission, whether active or passive, of CITY PARTIES. OWNER shall have no obligation, however, to defend or indemnify CITY PARTIES from a claim if it is determined by a court of competent jurisdiction that such claim was caused by the sole negligence or willful misconduct of CITY PARTIES. Nothing in this Agreement, CITY's approval of the development application or plans and specifications, or inspection of the work is intended to acknowledge responsibility for any such matter, and CITY PARTIES shall have absolutely no responsibility or liability therefore unless otherwise provided by applicable law. 8. Allocation of Costs. Following the sale or transfer of any individual residential lots by OWNER, the cost of the MAINTENANCE ACTIVITIES required by this Agreement shall be divided equally by all lot owners, and paid by each lot owner or his or her heirs, assigns and successors in interest. This requirement shall be binding on all lot owners in the subdivision, and each shall be responsible for his or her equal share of the cost associated with the maintenance. SWMFMA (B19-1530) Page 3 9. Agreement Binds Successors and Runs ith the PROPERTY. It is understood and agreed that the terms, covenants and conditions herein contained shall constitute covenants running with the land and shall be binding upon the heirs, executors, administrators, successors and assigns of OWNER and CITY, shall be deemed to be for the benefit of all persons owning any interest in the PROPERTY (including the interest of CITY or its successors in the easement granted herein). It is the intent of the parties hereto that this Agreement shall be recorded and shall be binding upon all persons purchasing or otherwise acquiring all or any lot, unit or other portion of the PROPERTY, who shall be deemed to have consented to and become bound by all the provisions hereof. 10. 0 NER's Continuing Responsibilities ere ork Commenced or Permit Obtained. Notwithstanding any other provision of this Agreement, no transfer or conveyance of the PROPERTY or any portion thereof shall in any way relieve OWNER of or otherwise affect OVVN ER's responsibilities for installation or maintenance of BM Ps which may have arisen under the ordinances or regulations of CITY referred to in this Agreement, or other federal, state or CITY laws, on account of 0 ER having obtained a permit which creates such obligations or having commenced grading, construction or other land disturbance work. 11. Amendment and Release. The terms of this Agreement may be modified only by a written amendment approved and signed by the Director of Development Services acting on behalf of CITY and by OWNER or OWN ER's successor(s) in interest. This Agreement may be terminated and OWNER and the PROPERTY released from the covenants set forth herein, by a release, which CITY may execute if it determines that another mechanism will assure the ongoing maintenance of the BMPs or that it is no longer necessary to assure such maintenance. 12. Governing Law and Severability. This Agreement shall be governed by the laws of the State of California. Venue in any action related to this Agreement shall be in the Superior Court of the State of California, County of San Diego. OWNER hereby waives any right to remove any such action from San Diego County as is otherwise permitted by California Code of Civil Procedure Section 394. In the event that any of the provisions of this Agreement are held to be unenforceable or invalid by any court of competentjurisdiction, the validity, and enforceability of the remaining provisions shall not be affected thereby. 13. Attorney's F . The prevailing party in any action or proceeding to enforce or interpret the terms of this Agreement shall be entitled to recover all of its reasonable litigation expenses, including its expert fees, attomeys' fees, courts costs, arbitration costs, and any other fees. IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth hereinafter. OWNER OR AUTHORIZED AGENT: IRONWOOD 12 LLC By: Alan Gold Its: AA VA Date: (signature must be notarized) SVVMFMA (619-1530) Page 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California Count�yt not San Diego � � On M /Z d before me, - et-CkC C� �- ,Notary Public ©ate Here Insert Name and Title of the Officer personally appeared _a V Go) Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. D. PEACOCK COMM. # 2'196990 NOTARY PUBLJC•CALIFORNIA > SAN DIEGO COUNTY 12 My Commission Expires MAY 26. 2021 1 Place Notary Seal and/or Stamp Above I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature Signature of Notary Public CITY OF POWAY: RobLrt J. Mani Director of Development Seices APPROVED AS TO FORM: Date: (signature must be notarized) 97WE. APPROVED AS TO CONTENT: Office of the City Attorney Engineering Divisi Alan Fenstermacher, City Attorney Attachments 1. Certificate of Acceptance 2. Exhibit A — Location of BM Ps 3. Exhibit B — Operation and Maintenance Plan M - ody R City Engineer P.E. SWMFMA (B19-1530) Page 5 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of San Diego On April 28, 2020 before me, Date Yvonne Mannion Notary Public Here Insert Name and Title of the Officer personally appeared Robert J. Manis Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. YVONNE MANNION Notary Public - California I San Diego County Commission # 2201766 My Comm. Expires Jun 18, 2021 Place Notary Seal Above WITNESS my hand and official seal. Signature I1MA.,fi e....1.i o r..J Signature of Notary Public OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document:Storm Water Management Facilities Maintenance Agreement MDRA16-031 Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: ❑ Corporate Officer — Title(s): ❑ Partner — 0 Limited 0 General ❑ Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator ❑ Other: Signer Is Representing: Signer's Name: 0 Corporate Officer — Title(s): 0 Partner — 0 Limited 0 General 0 Individual 0 Attorney in Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: ©2016 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 CERTIFICATE OF ACCEPTANCE (Storm Water Management Facilities MaintenanceAgreement) This is to certify that the interest in real property located in the City of Poway conveyed by the Grant of Easement described in Item 5 of the attached document dated (Y) la 02D , from IRONWOOD 12 LLC, to the City of Poway, a political corporation and/or governmental agency, is hereby accepted by the undersigned officer or agent on behalf of the City Council pursuant to authority conferred by Resolution No. 17-007 adopted on April 18, 2017. Dated: 74R) CITY OF POWAY Seal: Bv: bert J. Manis Department of Developm' f Services SWMFMA (B19-1530) EXHIBIT A 8.5' X 11" POST -CONSTRUCTION BMP SITE MAP BIO FILTRATION FACILITY LEGEND DRAINAGE MANAGEMENT AREA (DMA) FLOW DIRECTION EXHBIT A O&M EXHiBIT Lot 9, Map 10491 SHEET 1 OF 1 EXHIBIT B Ironwood 12, LLC Operation and Maintenance plan for Treatment BMPs MDRA-16-031 City of Poway, Ca. March 27, 2020 Prepared For: Ironwood 12, LLC Lot 9 Map 10491 Poway CA, 92064 Prepared By Florez Engineering 10732 Charbono Terrace San Diego CA, 92131 (858) 229-2493 TABLE OF CONTENTS 1.0 INTRODUCTION 2.0 SELF MITIGATING AREAS 2.1 OPERATION AND MAINTENANCE 2.2 GENERAL MAINTENANCE 2.3 INSPECTION FREQUENCY AND REQUIREMENTS 2.4 MAINTENANCE FREQUENCY AND REQUIREMENTS 3.0 BIOFILTRATION FACILITIES 3.1 OPERATION AND MAINTENANCE 3.2 GENERAL MAINTENANCE 3.3 INSPECTION FREQUENCY AND REQUIREMENTS 3.4 MAINTENANCE FREQUENCY AND REQUIREMENTS 4.0 FILTERRA UNIT 5.0 FISCAL RESOURCES - POST BMP MAINTENANCE AND MAINTENANCE ASSURANCE 5.1 MAINTENANCE MECHANISM TO BE IN PLACE BEFORE ACCEPTANCE 5.2 VERIFICATION MECHANISMS 5.3 RESPONSIBLE PARTY ATTACHMENT A. POST -CONSTRUCTION BMP PLAN B. BIOFILTRATION HANDOUT (BF-1) i VICINITY MAP ii 1.0 INTRODUCTION This operation and maintenance plan is provided to establish mechanisms and guidelines for maintaining post -construction BMPs listed in the Storm Water Quality Management Plan for the Sparrvik Residence. This plan categorizes the maintenance activities to assure post -construction BMP's will be adhered to. This plan also will address maintenance funding methods in accordance with the City of Poway. 2.0 Self -mitigating areas (on -site). • The project proposes Self -mitigating areas; these areas consists of natural vegetation that do not require regular application of fertilizer and pesticides. • These areas area separate from drainage areas that contain permanent storm water pollutant control BMPs. 2.1 Operation and Maintenance The proper functioning of the proposed self -mitigating areas depends on its long-term maintenance. Maintenance is relatively minimal and similar to regular landscaped areas. 2.2 General Maintenance • Trash and Debris. During each inspection and maintenance visit to the site, trash removal will be conducted to reduce the potential for clogging of existing offsite downstream storm drain structures. 2.3 Inspection Frequency and Requirements Frequency • Once a month at a minimum. Requirements (Visual Observation) • Inspect for trash accumulation. 2.4 Maintenance Frequency and Requirements Frequency • Once a month at a minimum Requirements • Collect trash and dispose properly. • See Attachment "A" for limits of self -mitigating areas, 3.0 Bio-filtration facility Most of the newly created impervious surfaces will drain to the three proposed Biofiltration facilities. The proposed facilities will detain the runoff in a surface reservoir, filter it through plant roots and a biologically active soil mix and through a gravel layer. The site soils are not that permeable, an under drain will convey treated runoff to the proposed stone drain. 3.1 Operation and Maintenance The proper functioning of the biofiltration BMPs cells depends on their long-term maintenance. While maintenance is relatively minimal and similar to regular landscaped areas, extra care must be taken to maintain the area's pollutant removal and infiltration capacity. This is accomplished by maintaining soil structure, caring for soil invertebrates, mulching as needed, and periodic removal of debris. Biofiltration BMPs typically require routine landscape maintenance using the same equipment that is used for general landscape maintenance. At times these BMPs may require excavation of clogged media (e.g. bioretention soil media, or sand for the sand filter), and should be accessible to appropriate equipment for excavation and removal/replacement of media. 3.2 General Maintenance • Trash and Debris. During each inspection and maintenance visit to the site, debris and trash removal will be conducted to reduce the potential for outlet pipes and other components from becoming clogged and inoperable during storm events. • Accumulation of sediment, litter, or debris. Sediment accumulation, as part of the operation and maintenance program at a bioretention cell will be monitored once a month during the dry season and after every large storm (0.50 inch). Specifically, if sediment reaches a level at or near plant height, or could interfere with flow or operation, the sediment will be removed. If accumulation of debris or sediment is determined to be the cause of decline in design performance, prompt action (i.e., within ten working days) will be taken to restore the facility to design performance standards. Actions will include using additional fill and vegetation and/or removing accumulated sediment to correct channeling or ponding. Characterization and Appropriate disposal of sediment will comply with applicable with City of Poway requirements. • Removal of Standing Water. Make appropriate corrective measures such as adjusting irrigation system, removing obstructions of debris or invasive vegetation, clearing underdrains (where applicable), or repairing/replacing clogged or compacted soils. • Obstructed inlet or outlet structure. Clear obstructions. • Damage to structural components such as weirs, inlet or outlet structures. Repair or replace as applicable. 3.3 Inspection Frequency and Requirements Frequency • Once a month at a minimum. • 72 hours (for drawdown time) after every large storm (after every storm monitored or those storms with more than 0.50 inch of precipitation.) • On a weekly basis during extended periods of wet weather. Requirements (Visual Observation) • Inspect the bioretention area for proper drawdown or evidence of clogging • Inspect for debris accumulation. • Inspect for accumulated sediment around yard drains. • Inspect low flow outlet orifice for clogging. 3.4 Maintenance Frequency and Requirements Frequency • Once a month at a minimum during peak growing season (late spring and early fall). Requirements • Removal of debris and sediment accumulation. • Check condition of soil mix and replace as necessary • Check condition of the outlet pipe and replace if cracked or damaged. • Remove debris and sediment around and inside the low flow outlet orifice. NOTE: TOP CIF GRADE ELEVATIONS INITENT101*LIX SET AT 16 AeDVE BORETENTION AREA, SURFACE e SHREDDED HARW000 fAULCH CAPPED CLEANGLIT PORT le THICK SOIL NIEDIA. SEE SPECIFICATIONS A" SOIL MEDIA BARRIER (.2" viAsHE0 SAND OVER 2" oF ND. 13 CHOKING STONE) 111111111111111111111111,11 NOTE: IF NO IMPERMEABLE LINER IS REQuIPECi. EN5uRE THAT Su13GRADE CONAPAcnON MINI/Al2ED DURING CONSTRLia0N, sCAR(FY CR SUEr.RAOE TO A OEPTH OF 9-02. - Poicaww, DEPTH vrAncsk. RELIK MluencIRE 11:$1 HRO—JODFICiiTICN CCNTROL ORIFICE AT SlificRAOE ELEVATION OUTLET TO DRAINAGE kETWORK 194.2,4" & 30" DRAINAGE PMFoRATED ,SCH 40 pvc LAYER (WASHED #57 STONE) BIO-FILTRATION FACILITY PROFILE COLLECTOR PIPE MTH SLOTS/Hai FS SPACED EvERY GIN. WAY OSE PEFIC)RATED sc.H 4() 14C FOR LATERAL DRAINAGE PIPE WATER POLLUTION AND HMP DEVELOPMENT BMP'S BMP AMENDED SOIL (IN) GRAVEL (It) LOWER ORIF. DIAMETER (FT) TOTAL SURFACE DEPTH (IN) SURFACE AREA (SF) 1 18 18 0.40 9 601 2 18 18 0.30 9 496 NT S Operation & Maintenance (OM) Manual v01 C7,40. NTEC ENGINEERED SOLUTIONS Bieretentien Systems Table of Contents Overview • Filterra General Description • Fitterra Schematic • Basic Operations • Design Maintenance • Maintenance Overview • Why Maintain? II When to Maintain? • Exclusion of Services • Maintenance Visit Summary • Maintenance Tools, Safety Equipment and Supplies • Maintenance Visit Procedure • Maintenance Checklist Resources • Example Filterra Project Maintenance Report Sheet • Example Filterra Structure Maintenance Report Sheet • Filterra Warranty • Drawing FTST-2: Filterra Standard Configuration Detail • Drawing FTNL-3: Ftterra Narrow Length Configuration Detail • Drawing FTNW-3: Filterra Narrow Width Configuration Detail CC,NTECH ENGINEERED SOLUTIONS www.ContechES.comifilterra I 800-338-1122 General Description The following general specifications describe the general operations and maintenance requirements for the Contech Engineered Solutions LLC stormwater bioreterrtion filtration system, the Filterra. The system utilizes physical, chemical and biological mechanisms of a soil, plant and microbe complex to remove pollutants typically found in urban storrnwater runoff. The treatment system is a fully equipped, pre -constructed drop -in place unit designed for applications in the urban landscape to treat contaminated runoff. Stormwater flows through a specially designed fitter media mixture contained in a landscaped concrete container. The mixture immobilizes pollutants which are then decomposed, volatilized and incorporated into the biomass of the Hlterra system's micro/ mocro fovna and flora. Stonnwater runoff flows through the media and into an vnderdrain system at the bottom of the container, where the treated water is discharged. Higher flows bypass the Filter, to o downstream inlet or outfall. Maintenance is a simple, inexpensive and safe operation that does not require confined space access, pumping or vacuum equipment or specialized tools. Properly trained landscape personnel can effectively maintain filter. Stormvecrkr systems by following instructions in this manual. wnvw.ContechES.com/filterra I 800-338-1122 Basic Operations Filterra is a bioretention system in a concrete box. Contaminated stormwater runoff enters the fitter box through the curb inlet spreading over the 3-inch layer of mulch on the surface of the filter media_ As the water passes through the mulch layer, most of the larger sediment particles and heavy metals ore removed through sedimentation and chemical reactions with the organic material in the mulch. Water passes through the soil media where the finer particles are removed and other chemical reactions take place to immobilize and capture pollutants in the soil media. The cleansed water passes into an underdroin and flows to a pipe system or other appropriate discharge point_ Once the pollutants are in the sail, the bacteria begin to break down and metabolize the materials and the plants begin to uptake and metabolize the pollutants. Some pollutants such as heavy metals, which are chemically bound to organic particles in the mulch, arc released over time as the organic matter decomposes to release the metals to the feeder roots of the plants and the cells of thc bacteria in the soil where they remain and are recycled. Other pollutants such as phosphorus are chemically bound to the soil particles and released slowly back to the plants and bacteria and used in their metabolic processes. Nitrogen goes through a very complex variety of biochemical processes where it con ultimately end up in the plant/bacteria biomass, turned to nitrogen gas or dissolves back into the water column as nitrates depending on soil temperature, pH and the availability of oxygen. The pollutants ultimately are retained in the mulch, soil and biomass with some passing out of the system into the air or back into the water_ Design and Installation Each project presents different scopes for the use of fitterra systems. To ensure the safe and specified function of the stormwater BMP, Contech reviews each application before supply. Information ond help may be provided to the design engineer during the planning process. Correct Filterra box sizing (by rainfall region) is essential to predict pollutant removal rates for a given area. The engineer shall submit Calculations for approval by the local jurisdiction. The contractor is responsible for the correct installation of Filterra units as shown in approved plans. A comprehensive installation manual is available at www.conteches.com. Maintenance Why Maintain? All stormwater treatment systems require maintenance for effective operation. This necessity is often incorporated in your property's permitting process as a legally binding 13/,,,tf maintenance agreement. • Avoid legal challenges from your jurisdiction's maintenance enforcement program. • Prolong the expected lifespan of your Filterra media. • Avoid more costly media replacement. • Help reduce pollutant loads leaving your property. Simple maintenance of the Filterra is required to continue effective pollutant removal from stormwater runoff before discharge into downstream waters. This procedure will also extend the longevity of the living biofilter system. The unit will recycle and accumulate pollutants within the biomass, but is also subjected to other materials entering the throat. This may include trash, silt and leaves etc_ which will be contained within the void below the lop grate and above the mulch layer Too much silt may inhibit the Filterrifs0 flow rate, which is the reason for site stabilization before activation. Regular replacement of the mulch stops accumulation of such sediment. When to Maintain? Corded includes a 1-year maintenance plan with each system purchase. Annual included maintenance consists of a maximum of two (2) scheduled visits. Additional maintenance may be necessary depending on sediment and trash loading (by Owner or crt additional cost). The start of the maintenance pion begins when the system is activated for full opercrtion. Full operation is defined as the unit installed, curb and gutter and transitions in place and activation (by Supplier) when mukh and plant are added arid temporary, throat protection removed_ Activation cannot be carried out until the site is fully stabilized (full landscaping, grass cover, final paving and street sweeping completed). Maintenance visits are scheduled seasonally; the spring visit aims to dean up after winter loads including salts and sands while the fall visit helps the system by removing excessive leaf litter. It has been found that in regions which receive between 30-50 inches of annual rainfall, (2) two visits are generally required; regions with less rainfall often only require (1) one visit per annum. Varying lond uses can affect maintenance frequency; e.g. some fast food restaurants require more frequent trash removal. Contributing drainage areas which are subject to new development wherein the recommended erosion and sediment control measures have not been implemented may require additional maintenance visits. Some sites maybe subjected to extreme sediment or trash loads, requiring more frequent maintenance visits. This is the reason for detailed notes of maintenance actions per unit, helping the Supplier and Owner predict future maintenance frequencies, reflecting individual site conditions. Owners must promptly ratify the (maintenance) Supplier of any damage to the plant)s), which constitule(s) on integral port of the bioretention technology. Owners should also advise other landscape or maintenance contractors to leave all maintenance to the Supplier (i.e. no pruning or fertilizing). www_ContechES.comffitterra I 800-338-1122 Exclusion of Services It is the responsibility of the owner to provide adequate irrigation when necessor, to the plart cif the Fiherra Eystern_ Clean updue to major contamination such as oils, chemicals, toxic spills, etc. will result,- in additional costs and are not. covered under the Supplier maintenance contract, Should o major coma-nHcnton event occur the Cwr.t: must block off the outlet pipe of the Fitterra {where the cleaned runoff droins to, such as drop inlet} and block off the throat of the Fillterra. The Supplier should be informed immediately. Maintenance Visit Summary Each maintenance visit corn is of the following simple tasks (detailed instred o is belowj_ 1.. I:nspeu For-, cf Filterra and surrounding arty 2. Removal of tree grate and erosion control stones 3. Removal of debris, trash and mulch 4_ Mulch replacement 5. Plant health evaluation ord pruning or replacement as necessary 6_ Clear area around Fi'lterra 7. Complete papenvorr Maintenance Tools, Safety Equipment and Supplies Idol focus include camera,bucket; shovel, broom, pruners, hoe,/rake, and tope measure. Appropriate Fersonol Protecti.e Equipment IFFE) should be used it accordance with local or company procedures_ This may include impervious gloves where the type of trash is unknown, high visibility clothing and barricades when working in close proximity to traffic and also safety hats and shoes. AT -Bar or crowbar should be used for moving the tree grates (up to 170 Ibs ea.), Most visits require miror trash removal and a full replacement of mulch. See belowfor actual rurnber of bogged mulch that is required it each unit size. Mulch should be a double shredded, hard,vooci .onety; do not use colored or dyed mulch. Some visits may require additional Fit -terra engineered soil media available from the Supplier. 4 4 4 e 4 Q 4 0 O 2 a 10 15 12 18 18 13 23 12 ywx.t_ontechEt,.cornr?i terra 300-338-1122 Maintenance Visit Procedure Keep sufficient documentation of maintenance actions to predict kication specific maintenance frequencies and needs. An example Maintenance Report is included in this manuai. 1. Inspection of Filterra and surrounding area • Record individual unit before maintenance with photograph (numbered). Record on Maintenance Report (see example in this document: the Record an Maintenance Report the following: Standing Water Damage to BOX Structure Damage io Grate Is Bypass Clear yes I no yes I no Yes I no yes I no If yes answered to any of these observations, record with dose -up photograph (numbered). 2. Removal of tree grate and erosion control stones • Remove cost iron grates for access into Filterra box. • Dig out silt (if ony and mulch and remove trash & foreign items. Record on Maintenance Report the following: Silt/Clay yes I no Cups/ Bags yes I no Leaves yes I no * of BucketsRemoved 3. Removal of debris, trash and mulch * After removal of mulch and debris, measure. distance from the top of the Filterra engineered media soil to the bottom of the top slab. If this distance is greater than 72, add Filterra media (not top soil or other) to recharge to a 9distance Record on Maintenance Report the following: Distance of Bottom of Top Slab (inches) # of Buckets of Media Added vrww.ContechES.comffiierra I 600-338-1122 4. Mulch replacement • Please see mulch specifications. • Add double shredded mulch evenly across the entire unit to a depth of 3. • Ensure correct repositioning of erosion control stones by the Filterra inlet to allow for entry of trash during a storm event. • Replace Filterra grates correctly using appropriate lifting or moving tools, taking care not to damage the plant. 5. Plant health evaluation and pruning or replacement as necessary • Examine the plant's health and replace if dead. • Prune as necessary to encourage growth in the -correct directions Record on Maintenance Report the following: Height above Grate (Feet) Width at Widest Point (feet) Health alive I dead Damage to Plant yes I no Plant Replaced yes I no 6. Clean area around.Filterra • Clean area around unit and remove all refuse to be disposed of appropriately. 7. Complete paperwork • Deliver 'Maintenance Report one photographs to. appropriate location (normally Con;ech during maintenance contract period). • Some jurisdictions may require submission of maintenance reports in accordance with approvals. It is the responsibility of the Owner to comply with f oca I regulations. w.yw.ContechES.comiii4e rrc., SOO-33E-1122 Maintenance Checklist Drainage System Failure Inlet Problem Excessive sediment or trash • accumulation. Conditions to Check Accumulated sediments or trash impair free flow of water into Hlterna. Co ' uld Exist Inlet should be free of obstructions allowing free distributed flow of water into Filterra. Actions Sediments and/or trash should be removed. Mulch Cover Trash and flaatable debris accumulation. xcessive trash and/or • debris accumulation. Minimal trash or other debris on mulch cover. Trash and debris should be removed and mulch cover raked Bevel. Ensure bark nugget mulch is not used. Mulch Cover o dif water ri "Pong' on mulch cover. 'Paneling' in unit could be indicative of clogging due to excessive fine sediment accumulcrtion or spill of petroleum oils. Storrmvater should drain freely and evenly through mulch cover. Recommend contact manufacturer and replace mulch as a minimum. Vegetation Pants not growing or in poor condition. SoilimuIch too wet, evidence of spill_ Incorrect plant selection. Pest infestation. •Vandolism to Wants. Plants should be healthy and pest free. Contact manufacturer for advice. Vegetation Plant growth excessive. Plants should be appropriate to the species and location of FiIterra. Trim/prune plants in accordance with twice' landscaping and safely needs. Structure Structure has visible cracks. Cracks wider than 1/2 inch or evidence of soil particles entering the structure through the cracks. Vault should be repaired. Morgerronce lo ideagy fo be performed bvice annordly. Ciu..NTECFIF ENGINEERED SOLUTIONS • See Attachment "A" Filterra facility for location 4.0 Fiscal Resources for BMP Maintenance and Maintenance Assurance 4.1 Maintenance mechanism to be in place before acceptance. (Section 16.104.010 of MC) • Structural BMPs shall not be considered "effective," and shall not be accepted as meeting the MEP standard, unless a mechanism is in place that will ensure ongoing long-term maintenance of all structural BMPs. As part of project review, if a project proponent is required to include interim or permanent structural BMPs in project plans, and if the Director of Development Services does not provide a mechanism for BMP maintenance, the project proponent shall provide verification of maintenance requirements through such means as may be appropriate, at the discretion of the Director of Development Services, including, but not limited to covenants, legal agreements, maintenance agreements, and/or conditional use permits. (Ord. 702 § 12, 2010; Ord. 569 § 2, 2002. Formerly 16.108.010) 4.2 Verification mechanisms. (Section 16.104.030 of MC) • In all instances, the project proponent shall provide proof of execution of an approved method of maintenance repair and replacement before the issuance of construction approvals. • The party responsible for the structural BMP maintenance shall provide to the City annual written verification of effective operation and maintenance of each approved treatment control BMP. (Ord. 702 § 12, 2010; Ord. 671 § 67, 2008; Ord. 569 § 2, 2002. Formerly 16.108.030) 6.3 Responsible Party. • The property owner is responsible to ensure inspection, O&M of permanent structural BMPs on their property. When property ownership changes (i.e. the property is sold or otherwise transferred to a new owner), maintenance responsibility also transfers to the new owner, typically by transfer of a maintenance agreement recorded against the property by the County Assessor. ATTACHMENT A 8.5' X 11" POST -CONSTRUCTION BMP SITE MAP