HomeMy WebLinkAboutLSWMP NYSDEC Biennial required updates DENIS NONCARROW Town Hall,53095 Main Road P.O.
TOWN CLERK �pF SQpy Box 1179
�Q� Oda Southold,New York 11971 Fax
REGISTRAR OF VITAL (631)765-6145 Telephone(631)
STATISTICS MARRIAGE OFFICER 765-1800
RECORDS MANAGEMENT o` www.southoldtownny.gov
OFFICER FREEDOM OF
INFORMATION OFFICER �QUp1`i:
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO.2026-645 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$4,100.00 for support services related to NYSDEC
required Biennial Updates on the Town's Local Solid Waste Management Plan(LSWMP), as
needed by the Town,budget line SR 8160 544240,subject to the approval of the Town Attorney.
Denis Noncarrow
Southold Town Clerk
RESULT: Adopted .
MOVER: Councilman Mealy
SECONDER: Justice Stevens
AYES: Councilman Mealy, Justice Stevens,Councilwoman Doherty,
Councilwoman Smith,Councilwoman Suess
NAYES: None
Page 67 of 86
THIS AGREEMENT made and entered into this day of Qh2026, 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 h 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 support services related to NYSDEC
required Biennial Updates on the Town's Local Solid Waste Management Plan (LSWMP), as
needed by the Town.
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$4,100.00 as authorized by the Southold Town Board
by adopted resolution 2026-645 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'AOREEMEN'T; 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 and any subcontractor performing
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 INSUR.ANCE.,
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.
Hi. 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,4t'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.The 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 seal 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 T D
By;
John e, Depu Supervisor
H2M Arc itects & Engineers
By: /
hn R. Collins, Authorized Agent
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss:
On the of U } in the year 2026 before me, the undersigned, personally,appeared John
Stype,personally known 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.
(t r s —44-atyk A LAUREN M.STANDISH
NOTARY PUBLIC,STATE OF NEW YORK
Notary Public RegistrationNo.01ST6164008
ry duaiified in Suffolk county
Commission Expires April 9,20 3111
STATE OF NEW YORK)
COUNTY,QF SUFFOLK)ss:
On the-e of in the year 2026 before me,the undersigned personally appeared John
R.Collins, personally cnown 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.
Notary ublic
tiUSA\LJA\\ACE
p NOTARYpUNLIC,sTMV.OFId3VYORK
ti ( Regislrnllon No.01JA491124183
�. QunRflcd In sutrolk County
Cnmmis�lnn F.spi".June 3,3027
APPENDIX "A"
architects + engineers
538 Broad Hollow Road,411 Floor East
Melville,NY 11747 1 let 631.756.8000 h2m.com
- I
***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—2026-7 LSWMP Implementation &Compliance
Proposal for Engineering Support Services related to LSWMP Initiative Implementation
H2M Letter Proposal No.: LP260625 I
I
Dear Mr. Krupski,
In accordance with your ofiice's request, 112M architects + engineers (H2M) is pleased to submit,the following
proposal for support services related to NYSDEC-required Biennial Updates on the Town's Local Solid Waste
1
Management Plan (LSWMP). !
i
The scope of work for this proposal is to support the Town with compliance matters related to their NYSDEC-
approved and mandated LSWMP, especially those contained within the Implementation Schedule provided in
Section 3 of the 2023-2024 Biennial Update.
i
It is anticipated this.contract would be billed on a time-card basis,not to exceed$4,100.00,as needed by the Town,
to support refinement and progression of LSWMP implementation tasks, as per the Implementation Schedule i
provided in Section 3 of the 2023-2024 Biennial Update. Note that 6 NYCRR Part 366 now contains enforcement i
mechanisms for non-compliance on activities related to solid waste management planning.
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. 112M looks forward to working with your office on the
successful completion of this project.
Should you have any questions or,concerns,feel free to contact Laura Feitner at any time via phone 631-393-4982
or email at Ifeitnercalarco@h2m.com.
i
Sincerel
H2 rc' itects+engin .
t
i
JJecc:
R. Collins, P.E.
for Vice President
Laura Feitner Calarco
p1pe1202E11p260625-sahr-an-call 1s mp lmplemermanup260525-soht-lswmp lmplemenlallan.d=
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{ H2N1.Architects.Engineers.Land Surveying and Landscape Architecture, DPC (NY)offers its services in NY only
1-12N1 Architects&Engineers, Inc.(NJ)offers its services in NJ.DE,CT, FL, LA.NIA.PA.VA only
I H2N1 Associates.Inc.(NJ)offers its engineering. !and surveying. landscape architecture services in PIJ only h2m.corn
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