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HomeMy WebLinkAboutTransfer and Yard Waste Faciltiy DENIS NONCARROW Town Hall,53095 Main Road P.O. TOWN CLERK �,��SOt�P' Box 1179 �O Southold,New York 11971 Fax (631)765-6145 Telephone (631) REGISTRAR OF VITAL 765-1800 STATISTICS MARRIAGE OFFICER G www.southoldtownny.gov RECORDS MANAGEMENT �o OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD. THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2026-644 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON JULY 28,2026: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Deputy Supervisor John Stype to execute a Professional Services Agreement with H2M Architects & Engineers for an amount not to exceed$5,700.00 to provide technical assistance and engineering support for operations and compliance matters related to the Town of Southold's transfer and yard waste facility,budget line SR 8160 544240, subject to the approval of the Town Attorney. Denis Nonearrow Southold Town Clerk RESULT: Adopted MOVER: Councilwoman Suess SECONDER: Councilman Mealy AYES: Councilman Mealy, Justice Stevens, Councilwoman Doherty, Councilwoman.Smith, Councilwoman Suess NAYES: None Page&6 of 86 THIS AGREEMENT made and entered into this day of 2026, by and between the Town of Southold(the "Town"), a municipal corporation organized and existing under and by virtue of the laws of the State of New York (mailing address: c/o Denis Noncarrow, Town Clerk, P.O. Box 1179, Southold, New York 11971-0959),party of the first part, and H2M Architects & Engineers, (the"Contractor")with an address of 538 Broad Hollow Road,4'Floor East,Melville,New York 11747, party of the second part. WITNESSETH: That the Town and Contractor, for the consideration named, hereby agree as follows: 1. PURPOSE. The Contractor shall provide professional services to provide technical assistance and engineering support for operations and compliance matters related to the Town of Southold's transfer and yard waste facility. 2. SPECIFIC SERVICES. The Contractor shall perform all the tasks as outlined in the Proposal submitted to the Town dated July 8,2026,for a sum not to exceed$5,700.00 as authorized by the Southold Town Board by adopted resolution 2026-644 on July 28, 2026. 3. TIME AND ATTENDANCE: COOPERATION BY THE TOWN. The Contractor shall complete the services to be rendered under this Contract within five (5) months of the Contract's execution. The Town agrees to cooperate with the Contractor, as needed, and to provide the Contractor- with copies of any records, documents and other information required to perform this Agreement on a timely basis. The Town further agrees to provide the Contractor with access to all work areas and appropriate officials and/or employees of the Town, as may be needed in the performance of the Agreement. Moreover, both parties understand and agree that mutual accountability and responsiveness are critical to the successful completion of the project. Therefore, both shall always use their best faith efforts to be accountable and promptly responsive to each other. 4. COMPENSATION. In payment for the services to be performed hereunder by Contractor, the Town shall make payments to Contractor as follows: (a) For the services to be performed by Contractor pursuant to Paragraph"2" hereof, the Town shall pay Contractor as set forth in the Proposal(Appendix"A"). Contractor shall submit an itemized voucher for work actually completed on a monthly basis to the Town Comptroller. Such voucher shall be due and payable within.45 days after receipt of such voucher,-subject to review of the Comptroller and approval for payment by the Town Board. (b) The Town shall process any vouchers received from the Contractor as expeditiously as practically possible. (c) In the event that the Town disputes or objects to any portion of any voucher submitted by the Contractor pursuant to this paragraph,the Town shall,within 30 days of the receipt of such voucher,notify the Contractor in writing of such dispute or objection. (d) Contractor acknowledges that Contractor is familiar with the requirements of Section 118 of the Town Law, which, in effect, prohibits payment of any of Contractor's claims against the Town unless an itemized voucher shall have been presented to the Town Board and Town Comptroller and shall have been audited and allowed by the Town Board and Town Comptroller. 5. TERM OF AGREEMENT. TERMINATION. This Agreement shall commence on the Agreement being fully executed and shall terminate upon completion of, and payment for, all the tasks outlined in the Proposal, provided, however, that this Agreement shall terminate immediately in the event that (a) Contractor dies; (b) Contractor incurs a.disability which renders Contractor unable.to perform the services which Contractor is required to perform hereunder; (c) Contractor files a Petition in Bankruptcy Court or a Petition is filed against Contractor in Bankruptcy Court, or Contractor is adjudged bankrupt or makes an assignment for the benefit of creditors; or(d) a-Receiver or Liquidator is appointed for Contractor and/or Contractor's property and is not dismissed within 20 days after such appointment or the proceedings in connection therewith are not stayed on appeal within said 20 days. In the event that Contractor refuses or fails to provide the services required hereunder with due diligence, or fails to make prompt payment to persons supplying labor for Contractor's services hereunder, or refuses or fails to comply with applicable statutes, laws or ordinances, or is guilty of a substantial violation of any provision of this Agreement, the Town shall send Contractor written notice that Contractor has 20 days to cure said default; and if,at the end of the said 20-day period, Contractor has not cured said default, the Town may then terminate this Agreement on seven days prior written notice to Contractor. Except as prohibited by law,the Town and Contractor waive trial by jury in any litigation arising out of, connected with, or relating to this Agreement. 6. SKILLS OF CONTRACTOR. The.Contractor represents that the Contractor a n d a n y s u b c o n t r a c t o r p e r f o r m i n g work under this Contract shall have the requisite skills and experience to perform the services hereunder. 7. INDEPENDENT CONTRACTOR STATUS. The Contractor and the Town agree that in performing its services hereunder,the Contractor is an independent contractor and shall not be deemed to be an employee or agent of the Town for any purpose whatsoever. The Contractor shall assume all blame, loss, and responsibility of any nature by reason of neglect or violation of any federal, state, county, or local laws, regulations, or ordinances. 8. CONTRACTOR'S INSURANCE. 1. The Contractor and any and all subcontractors performing work, labor, or services shall not commence work under this Contract until they have obtained all insurance required under this paragraph and such insurance has been approved by the Town. The following are the respective insurance requirements: (a) Compensation Insurance: The Contractor shall take out and maintain workers' compensation insurance .for its employees assigned to the work hereunder during the life of this Contract. (b) Liability Insurance: The Contractor shall take out and maintain during the life of this Contract such general liability, property damage, and commercial auto liability insurance as shall protect it and the Town from claims for damages for personal injury, including accidental death, as well as from claims for property damage which may arise from operations under this Contract. The amounts of such insurance shall be as follows: i. General liability insurance in an amount not less than $2,000,000 for injuries, including wrongful death to any person, ;and subject to the same limit for each person, in an amount not less than $2,000,000 on account of any one occurrence. ii. Property damage insurance in an amount not less than $500,000 for damage on account of all occurrences. iii. The Town shall be named as a certificate holder and an additional insured on all policies of insurance. The Contractor shall furnish proof of same to the Town Attorney prior to the commencement of any work under this Agreement. iv. Any accident shall be reported to the office of the Town Clerk as soon as possible and not later than twenty-four (24) hours from the time of such accident. A detailed written report must be submitted to the Town as soon thereafter as possible, but not later than three (3) days after the date of such accident. 9. INDEMNIFICATION. Contractor and its subcontractors,agents,servants,and employees shall release,indemnify,defend, and hold harmless the Town,its officers, employees,and representatives from and against any and all demands, liabilities,losses, damages,expenses (including attorney's fees) and judgments for any personal injuries,death,or property damage in any way relating to or arising from this Contract and the services to be performed under this Contract. 10. PROHIBITION AGAINST ASSIGNMENT. Contractor is hereby prohibited from assigning, transferring, conveying, subletting, and/or otherwise disposing of this Agreement or its right, title or interest in this Agreement without prior written,consent of the Town. 11. COMPLIANCE WITH STATUTES. The Contractor agrees that the Contractor will comply with all statutes, ordinances, local laws, codes, rules, and regulations that are or may be applicable to the Contractor's services, activities, and duties set forth in this Agreement. 12. NOTICES. Any and all notices and payments required hereunder shall be addressed as follows or to such other address as may hereafter be designated in writing by either party hereto: To Town: Dennis Noncarrow Town Clerk Town of Southold P.O. Box 1179 Southold, NY 11971-0959 To Contractor: H2M Architects &Engineers 528 Broad Hollow Road,4ffi Floor East Melville,New York 11747 13. WAIVER. No waiver of any breach of any condition of the Agreement shall be binding unless in writing and signed by the party waiving said breach. No such waiver shall in any way affect any other term or condition of this Agreement or constitute a cause or excuse for a repetition of such or any other breach unless the waiver shall include the same. 14. APPLICABLE LAW. This Agreement and the rights and obligations of parties hereunder shall be construed in accordance with and be governed by the laws of the State of New York without regard to conflicts of laws and principles.T he Contractor hereby submits to the jurisdiction of the Courts of the State of New York for all disputes relating to this Agreement and agrees that the venue for all disputes shall be in Suffolk County. 15. COMPLETE AGREEMENT: MODIFICATION. This Agreement constitutes the complete understanding of the parties. No modification of any provisions thereof shall be valid unless in writing and signed by both parties. THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK IN WITNESS WHEREOF, the Town of Southold has caused its corporate seat to be affixed hereto, and these presents to be signed by Albert J. Krupski Jr., its Supervisor, duly authorized to do so and to be attested to by Dennis Noncarrow, Town Clerk, and the Contractor has caused its corporate seal to be affixed hereto and these presents to be signed by its Authorized Agent, the day and year first above written. TOWN 0 U LD By! John S e, Deputy Supervisor H2M Ar itects &Engineers By: hn R. Collins,Authorized Agent STATE OF NEW YORK) COUNTY OF SUFFOLK)ss: On the I�k- of k in the year 2026 before me, the undersigned, personally appeared John Stype,personally kno n to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within the instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted,executed the instrument. n LAUREN M.STANOISH NOTARY PUBl1C,STATE OF NEW YORK Notary ublic R Quai�ed In s�ffolk coy ��cc�� Commission Expires Apr;l 9,20�i STATE OF NEW YORK) COUNTY,QF SUFFOLK) s: On the-(tom of in the year 2026 before me,the undersigned personally appeared John R.Collins, personally own to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument,the individual or the person upon whose behalf of which the individual acted, executed the instrument. i' (fNota�rub'lic tiUSA1 LJA\\ACE A NOTARYPURI.IC,STATF.OFNF.%VYORK Replstrollon No.OIJAM2483 z' QunRned In Suffolk County Cnmmisslon F:plrcI June 3,2027 APPENDIX "A" MIarchitects + engineers 538 Broad Hollow Road,40,Floor East Melville,NY 11747 1 tel 631.756.8000 I h2m.com `TRANSMITTED VIA EMAIL' July 8, 2026 Mr. A. Nicholas Krupski, Solid Waste Coordinator Town of Southold—Solid Waste District 6155 Cox Lane Cutchogue, NY 11935 Re: Town of Southold Solid Waste District Proposal for On-Call Regulatory&Technical Support 1­12M Letter Proposal No.: LP261029 Dear Mr. Krupski: Thank you for reaching out to H2M architects+engineers (1­12M)for a proposal to assist the Town. We understand you are seeking us to support your continuous efforts to operate your facility in accordance with the approved terms of your Solid Waste Management Facility (SWMF) permit, as issued and approved by the New York State Department of Environmental Conservation(NYSDEC) and other applicable regulations. Our proposed project manager for this project is Laura Feltner Calarco, who has personally handled most of the planning, permitting and compliance for your facility for the past 10 years. The scope of work for this proposal is to provide technical assistance and engineering support for operations and compliance matters related to your transfer and yard waste facility. It is anticipated this contract would be billed on a time-card basis,not to exceed$5,700.00, as needed by the Town We want to thank you for giving us an opportunity to submit this proposal for the above-referenced services. If you are in agreement with the scope of this proposal, please have a purchase order issued. H2M's receipt of the purchase order will serve as our authorization to proceed. H2M looks forward to working with your office on the successful completion of this project. Should you have any questions or concems,feel free to'contact Laura Feltner at any time via phone 631-393-4982 or email at Ifeitnercalarco0i)-h2m.corn. Sincere H2 r itects +engineers J In Co ins, P.E. nior Vice President ecc: Laura Feltner Calarco, P.E. I:Ups12026Vp291029-soht-Du11 tech S reg supponUOSIM-nmi.m m &wgmmPW a 1-12NI Architects. Engineers.Geology, Land Surveying and Landscape Architecture, DPC(NY)offers its services in NY only H211v1 Architects & Engineers, Inc.(NJ)offers its services in NJ, DE, CT, FL. LA. MA,PA,VA only H2iNI Associates. Inc (NJ)offers its engineering,land surveying. landscape architecture services in NJ only h2m.com