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West St_Smith College Athletic Fields_OM_20110323STORMW ATER MANAGEMENT OPERATION, MAINTENANCE, AND INSPECTION AGREEMENT City of Northampton, MA Department of Public Works (413) 587-1570 llllllHlll Ill I IJ~l,111111 Bk: 10508Pg: 165 Page: 1 of 7 Recorded: 03/23/2011 02:21 PM THIS AGREEMENT, made and entered into this 29th day of November, 201.Q, by and between (Insert Full Name of Owner) The Trustee's ofThe Smith College hereinafter called the "Landowner", and the City ofNorthampton, hereinafter called the "City". WITNESSETH, that WHEREAS, the Landowner is the owner of certain real property at (Street Address) The Athletic Fields at 137 West Street <Field House) as described as (City of Northampton Assessors Map/ParceVLot Number) Map 3 IC. Parcel 15 as recorded by deed in the land records of Hampshire County, Massachusetts, hereinafter called the "Property". WHEREAS, the Landowner is proceeding to build on and develop the property; and WHEREAS, the Site Plan known as Synthetic Turf Athletic Filed and Site Improvements, (Name of Plan/Development) hereinafter called the "Plan", which is expressly made a part hereof, as approved or to be approved by the City, which provides for the conveyance, treatment, and/or detention of stormwater within the confines of the Property; and WHEREAS, the City and the Landowner, its successors and assigns, including any homeowners association, agree that the health, safety, and welfare of the residents of the City of Northampton, Massachusetts, require that on-site stormwater management facilities be constructed and maintained on the Property; and WHEREAS, the City requires that on-site storrnwater management facilities as shown on the Plan be constructed and adequately maintained by the Landowner, its successors and assigns, including any homeowners association. NOW, THEREFORE, in consideration of the foregoing premises, in accordance with the Northampton Storrnwater Management Ordinance (Chapter 281 of the City's Code of Ordinance}, the mutual covenants contained herein, and the following terms and conditions, the parties hereto agree as follows: l. The on-site stormwater management facilities shall be constructed by the Landowner, its successors and assigns, in accordance with the plans and specifications identified in the Plans and documents reviewed and approved by the Northampton Department of Public Works (DPW). 2. The Landowner, its successors and assigns, including any homeowners association, shall adequately maintain the stormwater management facilities according to the maintenance schedule described in Attachment A. This includes all pipes and channels built to convey stormwater to the facility, as well as all structures, improvements, and vegetation provided to control the quantity and quality of the stormwater. Adequate maintenance is herein defined as good working condition so that these facilities are performing their design functions and so that water quality standards are met in all seasons and throughout the life of the storm water system. 3. The Landowner, its successors and assigns, shall inspect the stormwater management facility; and shall submit an annual report documenting the inspection and maintenance of the stormwater management system as certified by a Registered Professional Engineer or other qualified stormwater professional as approved by the DPW and submitted to the Northampton Department of Public Works by October 151 each year. The purpose of the inspection is to assure safe and proper functioning of the facilities. The inspection shall cover the entire facilities, stormwater O&M Agreement rev 9 _2008.doc -rev 9/18/08 Page 1 of 3 ,. systems, berms, outlet structure, pond areas, access roads, etc. Deficiencies and a plan to correct deficiencies shall be noted in the inspection report. 4. The Landowner, its successors and assigns, hereby grant permission to the City, its authorized agents and employees, to enter upon the Property and to inspect the stormwater management facilities whenever the City deems necessary. The purpose of inspection is to follow-up on reported deficiencies, inspect the stormwater management facilities when annual reports have not been submitted and/or to respond to citizen complaints. The City shall provide the Landowner, its successors and assigns, copies of the inspection findings and a directive to commence with the repairs if necessary. 5. In the event the Landowner, its successors and assigns, fails to maintain the stormwater management facilities in good working condition acceptable to the City, and if after notice by the City Engineer to correct a violation requiring maintenance work, satisfactory corrections are not made by the Landowner, its successors and assigns within thirty days, the City may enter upon the Property and perform all necessary work to place the facility in proper working condition and assess the costs of such work and any penalties to the Landowner, its successors and assigns. This provision shall not be construed to allow the City to erect any structure of permanent nature on the land of the Landowner outside of the easement for the storm water management facilities. It is expressly understood and agreed that the City is under no obligation to routinely maintain or repair said facilities, and in no event shall this Agreement be construed to impose any such obligation on the City. 6. In the event the City pursuant to this Agreement, performs work of any nature, or expends any funds in performance of said work for labor, use of equipment, supplies, materials, and the like, the Landowner, its successors and assigns, shall reimburse the City upon demand, within thirty (30) days ofreceipt thereof for all actual costs incurred by the City hereunder. 7. This Agreement imposes no liability of any kind whatsoever on the City; and further the Landowner agrees to hold the City harmless from any liability in the event the stormwater management facilities fail to operate properly. 8. The Landowner, its successors and assigns, including any homeowners association, shall provide stormwater management easements as necessary for all areas used for off-site stormwater control, preservation of stormwater runoff conveyance, infiltration, and detention areas and facilities, including flood routes for the I 00-year storm event, and access for facility maintenance and inspection. A list of easements with the purpose and location of each shall be specified in Attachment B. The Landowner, its successors and assigns shall record all easements in the land records of the Hampshire County Registry of Deeds, Commonwealth of Massachusetts. 9. The Landowner, its successors and assigns, shall notify the DPW of any changes in ownership, assignment of financial responsibility, reconstruction of the approved stormwater management facilities and/or amendments to the maintenance schedule described in Attachment A. The maintenance schedule described in Attachment A may be amended to achieve the purpose of the Northampton Stormwater Management Ordinance by mutual agreement of the DPW and the Landowner, its successors and assigns. Amendments shall be in writing and signed by the DPW and all responsible parties. I 0. This Agreement shall be recorded by the property owners or at the property owners expense among the land records of Hampshire County, Commonwealth of Massachusetts, and shall constitute a covenant running with the land, and shall be binding on the Landowner, its administrators, executors, assigns, heirs and any other successors in interests, including any homeowners association. O&M Agreement rev 9 _2008.doc -rev 9/18/08 Page 2 of3 ,. WITNESS the following signatures and seals: The Trustees of The Smith College By' C~rship Name (Seal) Ruth Constantine (Type Name) Vice President for Finance and Administration (Type Title) COMMONWEALTH OF MASSACHUSETTS ~ OFFICIAL SEAL CORINNF PHILIPPIDES Nt >1AfN PUBLIC COMMONWEALTH Of MASSACHUSETTS My Comm. Expires Nov. 10, 201 \ COMMONWEALTH OF MASSACHUSETTS County of Hampshire On _tQ.is 23 day of ~ J:::e brv it ~ , 20_1 _I , before me, the undersigned notary public, personally appeared MLi\fZT,re lfi rg , · r'J ..c , pro~ to me through satisfactory evidence of identification, which was a Driver's License, to be the person whose name is signed on the proceeding document, and acknowledged to me that he •igned it voluntarily fo, its •lated pwpoi;e. ~ ~ NOTARY PUBLIC My Commi•'1on Expire"# Approved as to Form: !Vii ~ity Solicj1m Date O&M Agreement rev 9 _ 2008 .doc -rev 9118/08 Page 3 of 3 ATTACHMENT A Stormwater Facility Maintenance Schedule Name of Project: Smith College Athletic Field and Site Improvements Project Project Location: Smith College. College Lane Assessor's Map, Parcel(s): Map No. 31 C, Parcel 15 Owner of the Stormwater System: Smith College Facilities Management 126 West Street Northampton, MA 01063 Responsible Party for Operation & Maintenance of Stormwater System Smith College Facilities Management 126 West Street Northampton, MA 01063 Financial Responsibility for Operation & Maintenance of Stormwater System: Smith College Facilities Management 126 West Street Northampton, MA 01063 Maintenance Schedule Pavement Maintenance Plan The proposed roadways will be swept at least quarterly as weather and ground conditions permit, with the sweeping scheduled primarily in the spring and fall. Street sweeping will be performed by high efficiency vacuum or regenerative air sweepers. The sweeping will remove sediments and the contaminants that adhere to sediment from the paved surface before their release into stormwater runoff. Pavement sweeping has been demonstrated to be an effective initial treatment for reducing pollutant loading into stormwater. Snow will not be stockpiled within wetland areas. The majority of snow will be stockpiled within areas that drain toward components of the stormwater management system to allow for treatment of the melt water. Catch Basin Maintenance All catch basins are deep sump hooded BMP's used to collect and treat stormwater from the parking areas. The two primary treatment components are a deep sump area for sediment collection and a molded plastic hood (Snout ) which removes floatables and suppress oil movement into the transmission system. Attachment A: Stonnwater Facility Maintenance Schedule Page I of 4 ' ... .,. Catch basin shall be inspected quarterly to determine the depth of accumulated sediments and to assess the amount of floatable and/or oils. The basins should be cleaned immediately upon the discovery of sediment over 18-inches in depth or the presence of excessive floatables. At minimum, all catch basin shall be cleaned annually in the late October or early November. Cleaning shall be by vacuum truck, if possible. Accumulated sediment and debris will be removed and disposed of in accordance with all applicable regulations. The immediate vicinity around the basin shall be inspected for settlement or structural damage. Indication of damage shall be recorded in the maintenance log and addressed according} y. Bioretention Basin There shall be no snow stored/stockpiled within the bioretention area. The bioretention area shall be inspected for trash and cleaned as required on a monthly basis. During these inspections the soil shall be repaired in areas of erosion. Treat diseased vegetation as needed and remove and replace dead vegetation twice per year (spring and fall). Invasive species must be removed as needed to prevent these species from spreading into bioretention area. The mulch shall be replaced every two years, in the early spring. Upon failure*, excavate bioretention area, scarify bottom and sides, replace filter fabric and soil, replant and mulch. * When standing water is observed in the bioretention area 48-hours after a storm event the top 6-inches of soil mix shall be rota-tilled or cultivated to breakup any hard-packed sediment. If standing water is observed 48-hours after the next storm event the entire media & all vegetation shall be replaced in accordance with the specifications detailed in the construction plan set. Downstream Defender® Hydrodynamic Separator The following is the recommended maintenance program: The Downstream Defender systems should be inspected at regular intervals and maintained according to the manufacturer's recommended maintenance schedule and when necessary to ensure optimum performance. The rate at which the system collects pollutants will depend more heavily on site activities than the size of the unit, i.e., unstable soils or heavy winter sanding will cause the treatment chamber to fill more quickly but regular sweeping will slow accumulation. The structure must be cleaned of sediment and oils/floatables at lease one time per year. Inspection Inspection is the key to effective maintenance and is easily performed. Pollutant deposition and transport may vary from year to year and regular inspections will help ensure that the system is cleaned out at the appropriate time. At a minimum, inspections should be performed twice per year (i.e. spring and fall) however more frequent inspections may be necessary in equipment wash down areas and in climates where winter sanding operations Attachment A: Stormwater Facility Maintenance Schedule Page2of4 may lead to rapid accumulations. It is useful and often required as part of a permit to keep a record of each inspection. A simple inspection and maintenance form for doing so, as well as a maintenance manual is available at www .contechstormwater.com. The Downstream Defender should be cleaned at least one time per year and when the sediment has accumulated to a maximum depth of 18-inches in the sediment storage chamber or oils and floatables have accumulated to a maximum depth of 16-inches in the oil storage area. Sediment accumulation can be determined by measuring the depth of the sediment from the floor of the sump with a rod or sludge judge. Oil and floatable accumulation can be determined by measuring from the top of the standing liquid level in the devise down using a sludge judge. Cleaning Cleaning of the Downstream Defender should be done during dry weather conditions when no flow is entering the system. Cleanout of the Downstream Defender with a vacuum truck is generally the most effective and convenient method of excavating pollutants from the system. Simply remove the manhole cover and insert the vacuum hose into the sump. All pollutants can be removed from this one access point from the surface with no requirements for Confined Space Entry. In installations where the risk of petroleum spills is small, liquid contaminants may not accumulate as quickly as sediment. However, an oil or gasoline spill should be cleaned out immediately. Motor oil and other hydrocarbons that accumulate on a more routine basis should be removed when an appreciable layer has been captured. To remove these pollutants, it may be preferable to use adsorbent pads, which solidify the oils. These are usually much easier to remove from the unit individually, and less expensive to dispose than the oil/water emulsion that may be created by vacuuming the oily layer. Floating trash can be netted out if you wish to separate it from the other pollutants. Manhole covers should be securely seated following cleaning activities to prevent leakage of runoff into the system from above and also to ensure proper safety precautions. If anyone physically enters the unit, Confined Space Entry procedures need to be followed. Disposal of all material removed from the Downstream Defender should be done in accordance with local regulations. In many locations, disposal of evacuated sediments may be handled in the same manner as disposal of sediments removed from catch basins or deep sump manholes. Check local regulations for specific requirements on disposal. For optimum performance, the system should be cleaned out when the floating hydrocarbon layer accumulates to an appreciable thickness or at least one time per year. In the event of an oil spill, the system should be cleaned immediately. Synthetic Turf The synthetic turf field should be inspected annually for accumulation of sediment in areas of potential off-site flow. In addition all nyloplast cleanout structures within the synthetic turf field should be inspected annually for signs of sediment. If sediment is in excess of 3" in depth, they should be cleaned out. At no point shall any cleaning substances be used on the synthetic turf field. If water is held in the underdrain or stone under the synthetic turf field greater than 48- hours after a storm event, the underdrain system must be repaired or reconstructed to function according to the approved design. Attachment A: Stonnwater Facility Maintenance Schedule Page3 of4 Record Keeping and Annual Reports Records shall be maintained by Smith College Facilities Management Department at their offices as described above and shall document all routine and emergency maintenance work performed by Smith College to the stormwater management system and shall bear the signature of the individual supervising the work. Annual reports documenting the inspection and maintenance of the stormwater management system shall be certified by Registered Professional Engineer and submitted to the Northampton Department of Public Works and the Northampton Office of Planning and Development no later than October 1st of each year. Attachment A: Stormwater Facility Maintenance Schedule A.TfRST: IllMPSHIRE,Jf~ £.~,REGISTER MAlUAHliE L. DONOHUE Page4 of 4