Common use of CLIMATE RESILIENCY Clause in Contracts

CLIMATE RESILIENCY. a. Elevation of existing mechanical equipment located within flood prone areas not visible from public rights of way and do not obscure exterior character defining features. b. Installation of backup generator equipment that does not permanently change the appearance of the interior or exterior of the building and is out of view of public rights of way. c. In-kind replacement of generators, transformers, and condensers. d. Removal of water by temporary physical or mechanical means without ground disturbance, through utilization of pumps, emergency generators, fans, and dehumidifiers. e. Temporary utilization of plastic sheeting attached at mortar joints, sandbags, and a water-filled bladder/dam. f. Repair and in-kind replacement of floors and stairs, replacement of carpets, and installation or repair of concrete basement floor in an existing basement. CATEGORY 2 – The following CRS Undertakings do not have the potential to affect historic properties even if historic properties may be present pursuant to 36 C.F.R. 800.3(a)(1), identified as Category 2. These CRS Undertakings do not require Section 106 consultation if designed and planned in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Secretary of the Interior’s Standards for Rehabilitation and Guidelines on Flood Adaptation for Rehabilitating Historic Buildings, and the Secretary of Interior’s Standards for Rehabilitation and Guidelines on Sustainability for Rehabilitating Historic Buildings, and associated Preservation Briefs, and verified by a DHS Qualified Professional in the appropriate discipline. The DHS Qualified Professional will keep records of all CRS Undertakings subject to this Agreement by completing the DHS Nationwide Programmatic Agreement for Climate Resiliency and Sustainability Undertakings Review Form in Appendix C for annual reporting, compliance, and auditing purposes. For this category of undertakings, “public right-of-way” means any character defining features of a historic property(ies) visible from the public street or sidewalk immediately adjacent to the property. For this category, ground disturbance is permitted if it occurs in areas previously subjected to mechanized construction excavation and fill to the full depth of the proposed CRS Undertaking, and/or has been previously surveyed and a no effect determination made by a DHS Qualified Professional. For this category, clean fill material is used when additional dirt or soil is required. 1. Energy Efficiency and Conservation Measures a. Duct insulation in unoccupied areas such as basements, attics, and crawl spaces. b. Replacement or addition of loose-fill or rolled batt/board insulation in walls, floors, ceilings, attics, basements, crawl spaces, ducts, and foundations if the insulation is not adhered directly onto or damaging to, the historic fabric. If spray foam is proposed in an historic property, this Agreement is not applicable, and the standard Section 106 process is followed. c. Temporary installation of new above-ground utilities or utility systems (e.g., water storage tanks, mobile telecommunication towers/antennas, mobile photovoltaic panels or wind turbines, energy efficient or solar parking lot lighting, emergency response equipment and control centers, generators, etc.) not to exceed one year where activities are located on existing foundations or paved areas, support on-going existing operations, and are no more than 50 sq. ft. in area, provided such alteration, if in a historic district or adjacent to a historic property, does not detract from the qualities that contribute to the significance of that historic property. d. Painting over previously painted exterior surfaces, provided destructive surface preparation treatments are not used such as water-blasting, sandblasting, and chemical removal, and the action does not alter the historic fabric of the facility or any character defining features (such as a mural or historic painting). e. Repairing or upgrading electrical or plumbing systems and installing mechanical equipment, in a manner that does not permanently change significant historic elements and no significant historic fabric will be damaged, altered, or removed. f. Installation of new HVAC equipment (such as pumps, motors, boilers, chillers, cooling towers, air handling units, package units, grates, grills, condensers, compressors, or heat exchangers) in a manner that does not permanently change significant historic elements and no significant historic fabric will be damaged, altered, or removed. g. Installation and maintenance of solar systems (including photovoltaic and solar thermal) not visible from the public right-of-way. If ground-mounted, the equipment is installed without ground disturbance. If roof-mounted, the equipment is installed on non-penetrating mounts and will not alter significant historic fabric. h. Installation of integrated shingle-style or thin film solar systems on the rear roof of the facility, behind the parapet, or not visible from the public right-of-way. i. Replacement of non-historic and non-character defining exterior lighting. j. Utilization of white Roofs, Cool Roofs, Green Roofs, Sod or Grass Roofs not visible from the public right-of-way. k. In-kind replacement or repair of existing exterior siding, trim, rails, joints, stucco, or veneer; existing decking, porches, landings, stairs, railings, guardrails, or handrails; existing canopies or awnings; or existing building numbers and signs. If material is damaged beyond repair, considering first, in-kind material, and second compatible substitute material that closely resembles the existing design, dimension, profile, color, and texture that will not alter significant historic fabric. l. Replacement of existing roofing, cladding and sheeting, underlayment sheathing, flashing, gutters, soffits, downspouts, and catch basin if material is damaged beyond repair considering first, in-kind material, and second compatible substitute material that closely resemble the existing design, dimension, profile, color, and texture in a manner that does not alter the roofline that will not alter significant historic fabric. m. Installation of solar screens on exterior windows not visible from the public right- of-way and will not alter significant historic fabric. n. Sealing air leaks around windows and doors using weather stripping, door sweeps, and caulk that closely resembles the surrounding color and texture and does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. o. Installation of storm windows, storm doors, or wood screen doors in a manner that does not harm or obscure historic windows, doors, or trim. p. Replacement of non-historic, non-contributing doors with energy efficient or insulated doors where the door openings are not altered. q. In-kind replacement of windowpanes. Clear plate, double, laminated, or triple insulating glazing can be used, provided it does not result in altering the existing window material, tint, form, muntin profiles, or number of divided lights. This does not apply to the replacement of intact decorative glass. r. In-kind repair or replacement, if deteriorated beyond repair, of windows that duplicate the material, dimension, design, detailing, and operation of the historic window to include repairing, scraping, and repainting of existing windows; in- kind replacement of window sash, glass, and hardware if deteriorated beyond repair; and in-kind replacement of damaged and non-operable transoms if deteriorated beyond repair. s. Repair, new installation, or in-kind replacement, if deteriorated beyond repair, of awnings and canopies. Materials consistent with the historic context that do not change the historic design drastically, permanently change the appearance of the facility or damage the historic fabric or character defining features or appear or reduce evidence of workmanship are used. t. Installation of vents (such as continuous ridge vents covered with ridge shingles or boards, roof vents, bath and kitchen vents, soffit, and frieze board vents or combustion appliance flues) on noncharacter defining features if not located on a primary roof elevation or not visible from the public right-of-way. u. Installation of foundation vents, if painted or finished to match the existing foundation material. v. Installation of floor materials over non-character-defining flooring in a reversible manner, provided such alteration does not detract from the qualities that contribute to the significance of a historic property, does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. w. Repair or in-kind replacement of interior non-character defining floors, walls, and ceilings. This applies to the repair of interior finishes, including plaster and wallboard, provided the repair is restricted to the damaged area and does not affect adjacent materials. This does not apply to historic architectural finishes such as decorative plaster or plaster substrates for decorative materials such as wainscoting, murals, gold leaf, etc. x. Addition or replacement of existing smart building automation and building automated control management systems including HVAC control systems and the replacement of building-wide pneumatic controls with digital controls, thermostats, dampers, and other individual sensors like smoke detectors and carbon monoxide detectors (wired or non-wired). y. Repair, removal, or in-kind replacement of window unit air conditioners and heat pumps. z. Replacement or installation of electrical systems, including conduit and wiring, provided such alteration does not detract from the qualities that contribute to the significance of the historic property, if present, does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. aa. Installation of new energy metering, monitoring, and telemetry devices that do not permanently change the appearance of the interior or exterior of the building, or if the addition is on the exterior of the structure, is not visible from the public right of way. 2. Water Efficiency and Conservation Measures a. Replacement of non-character defining, or installation of, water conserving products (e.g., low flow drinking fountains, toilets, urinals, sinks/faucets, water tanks, plumbing fixtures, etc.) that do not permanently change the appearance of the interior or exterior of the building. b. Installation or replacement of downspout extensions, provided that the color of the extensions is historically appropriate for the period and style of the property or is a similar color to surrounding areas. c. Installation of rainwater catchments and harvesting systems (not to include retention ponds) and/or gray water systems when performed in previously disturbed ground and not viewable from the public right-of-way.

CLIMATE RESILIENCY. a. Elevation of existing mechanical equipment located within flood prone areas not visible from public rights of way and do not obscure exterior character defining featuresway. b. Installation of backup generator equipment that does not permanently change the appearance of the interior or exterior of the building and is out of view of public rights of way. c. In-kind replacement of generators, transformers, and condensers. d. Removal of water by temporary physical or mechanical means without ground disturbance, through utilization of pumps, emergency generators, fans, and dehumidifiers. e. Installation of perimeter drainage (e.g., French drains) when performed in previously disturbed ground. f. Temporary utilization of plastic sheeting attached at mortar joints, sandbags, and a water-filled bladder/dam. f. Repair and in-kind replacement of floors and stairs, replacement of carpets, and installation or repair of concrete basement floor in an existing basement. CATEGORY 2 – The following No consultation is required for Category 2 CRS Undertakings do not have the potential to affect historic properties even if historic properties may be present pursuant to 36 C.F.R. 800.3(a)(1), identified as Category 2. These CRS Undertakings do not require Section 106 consultation if designed and planned in accordance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties, Rehabilitation. Secretary of the Interior’s Standards for Rehabilitation and Guidelines on Flood Adaptation for Rehabilitating Historic Buildings, and the Secretary of Interior’s Standards for Rehabilitation and Guidelines on Sustainability for Rehabilitating Historic Buildings, and associated Preservation Briefs, Buildings are followed and verified by a DHS Qualified Professional in the appropriate disciplineProfessional. The DHS Qualified Professional will keep records of all CRS Undertakings subject to this Agreement by completing the DHS Nationwide Programmatic Agreement for Climate Resiliency and Sustainability Undertakings Review Form in Appendix C B for annual reporting, compliance, compliance and auditing purposes. For this category of undertakings, “public right-of-way” means any character defining features of a historic property(ies) visible from the public street or sidewalk immediately adjacent to the property. For this category, ground disturbance is permitted if it occurs in areas previously subjected to mechanized construction excavation and fill to the full depth of the proposed CRS Undertaking, and/or has been previously surveyed and a no effect determination made by a DHS Qualified Professional. For this category, clean fill material is used when additional dirt or soil is required. 1. Energy Efficiency and Conservation Measures a. Duct insulation in unoccupied areas such as basements, attics, and crawl spaces. b. Replacement or addition of loose-fill or rolled batt/board insulation in walls, floors, ceilings, attics, basements, crawl spaces, ducts, and foundations if the insulation is not adhered directly onto or damaging to, the historic fabric. If spray foam is proposed in an historic property, this Agreement is not applicable, and the standard Section 106 process is followed. c. Temporary installation of new above-ground utilities or utility systems (e.g., water storage tanks, mobile telecommunication towers/antennas, mobile photovoltaic panels or wind turbines, energy efficient or solar parking lot lighting, emergency response equipment and control centers, generators, etc.) not to exceed one year where activities are located on existing foundations or paved areas, support on-going existing operations, and are no more than 50 sq. ft. in area, provided such alteration, if in a historic district or adjacent to a historic property, does not detract from the qualities that contribute to the significance of that historic property. d. Painting over previously painted exterior surfaces, provided destructive surface preparation treatments are not used such as water-blasting, sandblasting, and chemical removal, and the action does not alter the historic fabric of the facility or any character defining features (such as a mural or historic painting). e. Repairing or upgrading electrical or plumbing systems and installing mechanical equipment, in a manner that does not permanently change significant historic elements and no significant historic fabric will be damaged, altered, or removed. f. Installation of new HVAC equipment (such as pumps, motors, boilers, chillers, cooling towers, air handling units, package units, grates, grills, condensers, compressors, or heat exchangers) in a manner that does not permanently change significant historic elements and no significant historic fabric will be damaged, altered, or removed. g. Installation and maintenance of solar systems (including photovoltaic and solar thermal) not visible from the public right-of-way. If ground-mounted, the equipment is installed without ground disturbance. If roof-mounted, the equipment is installed on non-penetrating mounts and will not alter significant historic fabric. h. Installation of integrated shingle-style or thin film solar systems on the rear roof of the facility, behind the parapet, or not visible from the public right-of-way. i. Replacement of non-historic and non-character defining exterior lighting. j. Utilization of white Roofs, Cool Roofs, Green Roofs, Sod or Grass Roofs not visible from the public right-of-way. k. In-kind replacement or repair of existing exterior siding, trim, rails, joints, stucco, or veneer; existing decking, porches, landings, stairs, railings, guardrails, or handrails; existing canopies or awnings; or existing building numbers and signs. If material is damaged beyond repair, considering first, in-kind material, and second compatible substitute material that closely resembles the existing design, dimension, profile, color, and texture that will not alter significant historic fabric. l. Replacement of existing roofing, cladding and sheeting, underlayment sheathing, flashing, gutters, soffits, downspouts, and catch basin if material is damaged beyond repair considering first, in-kind material, and second compatible substitute material that closely resemble the existing design, dimension, profile, color, and texture in a manner that does not alter the roofline that will not alter significant historic fabric. m. Installation of solar screens on exterior windows not visible from the public right- of-way and will not alter significant historic fabric. n. Sealing air leaks around windows and doors using weather stripping, door sweeps, and caulk that closely resembles the surrounding color and texture and does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. o. Installation of storm windows, storm doors, or wood screen doors in a manner that does not harm or obscure historic windows, doors, or trim. p. Replacement of non-historic, non-contributing doors with energy efficient or insulated doors where the door openings are not altered. q. In-kind replacement of windowpanes. Clear plate, double, laminated, or triple insulating glazing can be used, provided it does not result in altering the existing window material, tint, form, muntin profiles, or number of divided lights. This does not apply to the replacement of intact decorative glass. r. In-kind repair or replacement, if deteriorated beyond repair, of windows that duplicate the material, dimension, design, detailing, and operation of the historic window to include repairing, scraping, and repainting of existing windows; in- kind replacement of window sash, glass, and hardware if deteriorated beyond repair; and in-kind replacement of damaged and non-operable transoms if deteriorated beyond repair. s. Repair, new installation, or in-kind replacement, if deteriorated beyond repair, of awnings and canopies. Materials consistent with the historic context that do not change the historic design drastically, permanently change the appearance of the facility or damage the historic fabric or character defining features or appear or reduce evidence of workmanship are used. t. Installation of vents (such as continuous ridge vents covered with ridge shingles or boards, roof vents, bath and kitchen vents, soffit, and frieze board vents or combustion appliance flues) on noncharacter defining features if not located on a primary roof elevation or not visible from the public right-of-way. u. Installation of foundation vents, if painted or finished to match the existing foundation material. v. Installation of floor materials over non-character-defining flooring in a reversible manner, provided such alteration does not detract from the qualities that contribute to the significance of a historic property, does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. w. Repair or in-kind replacement of interior non-character defining floors, walls, and ceilings. This applies to the repair of interior finishes, including plaster and wallboard, provided the repair is restricted to the damaged area and does not affect adjacent materials. This does not apply to historic architectural finishes such as decorative plaster or plaster substrates for decorative materials such as wainscoting, murals, gold leaf, etc. x. Addition or replacement of existing smart building automation and building automated control management systems including HVAC control systems and the replacement of building-wide pneumatic controls with digital controls, thermostats, dampers, and other individual sensors like smoke detectors and carbon monoxide detectors (wired or non-wired). y. Repair, removal, or in-kind replacement of window unit air conditioners and heat pumps. z. Replacement or installation of electrical systems, including conduit and wiring, provided such alteration does not detract from the qualities that contribute to the significance of the historic property, if present, does not involve removal or alteration of significant historic elements, and does not damage, alter, or remove significant historic fabric. aa. Installation of new energy metering, monitoring, and telemetry devices that do not permanently change the appearance of the interior or exterior of the building, or if the addition is on the exterior of the structure, is not visible from the public right of way. 2. Water Efficiency and Conservation Measures a. Replacement of non-character defining, or installation of, water conserving products (e.g., low flow drinking fountains, toilets, urinals, sinks/faucets, water tanks, plumbing fixtures, etc.) that do not permanently change the appearance of the interior or exterior of the building. b. Installation or replacement of downspout extensions, provided that the color of the extensions is historically appropriate for the period and style of the property or is a similar color to surrounding areas. c. Installation of rainwater catchments and harvesting systems (not to include retention ponds) and/or gray water systems when performed in previously disturbed ground and not viewable from the public right-of-way.