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