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HomeMy WebLinkAboutHeritage at Cutchoguei '* RESOLUTION 2015-198 ADOPTED DOC ID: 10575 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2015-198 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 24,2015: RESOLVED, that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute an agreement between the Town of Southold and AKRF, Environmental & Planning Consultants, to provide technical assistance to the Planning Board in connection with its review of the Site Plan Application for the Heritage at Cutchogue, in accordance with the proposal submitted to the Town, and subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: James Dinizio Jr, Councilman SECONDER: William P. Ruland, Councilman AYES: Ghosio, Dinizio Jr, Ruland, Evans, Russell ABSENT: Jill Doherty KRF Environmental and Planning Consultants 3900 Veterans Memorial Highway Suite 331 Bohemia, NY 11716 tel: 631285-6980 fax: 631285-6919 www. akrf. com January 27, 2015 (revised March 2, 2015) Heather Lanza, AICP Town Planning Director Southold Town Planning 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Re: The Heritage at Cutchogue Dear Ms. Lanza: AKRF, Inc. is pleased to submit this revised proposal to assist the Town of Southold with the State Environmental Quality Review Act (SEQRA) review of specific portions of the application by The Heritage at Cutchogue, LLC ("the Applicant") for a proposed 130 -unit age -restricted residential project located at the intersection of Schoolhouse Lane and Griffing Street (the "proposed project"). We understand that the Town has agreed to a Stipulation of Settlement (So Ordered on September 25, 2014) that outlines specific parameters that must be observed through the SEQRA review of the application. Pursuant to our telephone conversation, AKRF would provide consulting services to review only the following areas: soils, groundwater, and transportation. It is assumed that the Town of Southold staff (or others) would provide input on the sufficiency of other areas covered by the SEQRA documents. AKRF understands that the Town is obligated by the Stipulation of Settlement with respect to certain review time periods and matters of technical design. AKRF would collaborate with the Town to meet the requirements of the Stipulation of Settlement with respect to the portions of the review assigned to AKRF, but AKRF cannot be held responsible for the Town's overall compliance with the terms of the Stipulation of Settlement. AKRF brings excellent resources and credentials to this assignment. AKRF has prepared or reviewed over 3,000 SEQRA related projects of all scopes and sizes. We can provide the Town with planning and environmental expertise that will enable you to be confident that the DEIS, which is being prepared by the project applicant, has adequately analyzed and addressed the potential environmental impacts from the proposed project. We are accustomed to working on projects similar to what is proposed and the need to understand the range of consequences, positive and negative, of those projects. Our value would be to quickly come up to speed on the components of the proposed project, review the data in the DEIS for adequacy and completeness, and provide our findings on the substantive issues to determine if any modifications to the DEIS, including additional analyses, are warranted. We have the necessary expertise for this assignment, and we know how to facilitate a productive and successful SEQRA process. AKRF, Inc. 9 New York City • Hudson Valley Region • Long Island • Baltimore / Washington Area • New Jersey • Connecticut Ms. Heather Lanza 2 March 2, 2015 AKRF's professional staff ---comprised of planners, engineers (traffic, noise, air quality, and site design), natural resource specialists, cultural resources experts, economists, and urban designers—has particular expertise in SEQRA, environmental impact analysis, review and EIS preparation. Our more than 200 person firm is one of the most respected planning and environmental consulting firms in the tri-state region. We have a full complement of professional staff in our Long Island, White Plains, and New Yo City offices to assist the Town. rk We have extensive experience with providing SEQRA review services for projects on Long Island, particularly large-scale residential developments, including reviewing preliminary environmental assessments, conducting public scoping procedures, and reviewing individual EIS analyses. Projects for which we provided assistance to public agencies on Long Island in connection with SEQRA review include the Tall Grass Village Center EIS in the Town of Brookhaven, the Saint Francis Hospital Master Facilities EIS in the Village of Flower Hill, the Sebonack Golf Club EIS in the Town of Southampton, and the 7-11 Traffic Study in the Town of Southold. Furthermore, through our extensive experience in conducting environmental review analyses and preparing EISs on behalf of project applicants, our staff has developed a thorough understanding of the SEQRA process and required analyses. This expertise will guide our review of the proposed project. Recent projects for which we have performed environmental assessment analysis services include the Stony Brook Toll Drive Residence Hall and Dining Facility and Stony Brook Hotel, both on the Stony Brook University campus; Wyandanch Downtown Revitalization Generic EIS for the Town of Babylon; and the East Quogue Generic EIS for the Town of Southampton. Proposed Scope of Services Task 1. DEIS Determination of Completeness A. AKRF would review the soils, groundwater, and transportation sections (and any relevant technical studies contained in the appendices) in the preliminary Draft Environmental Impact Statement (pDEIS) dated December 2014 and prepared by VHB. AKRF would review these sections to determine if they are complete with respect to the adopted scope (September 10, 2007) and whether the presentation of the material is sufficient for public review. AKRF would prepare a Technical Memorandum containing our comments and provide the Technical Memorandum to the Town of Southold for its review such that the Town can comply with the 60 day review period required by the Stipulation of Settlement. AKRF will identify issues that, in AKRF's opinion, require resolution prior to the Town determining the DEIS complete and will also identify other issues that could be considered "substantive" comments that must be addressed in the Final Environmental Impact Statement (FEIS). B. Should a second round of pDEIS review be required, AKRF would review the re -submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 1. Task 2. FEISAssistance A. AKRF would assist the Town in identifying those substantive comments pertaining to soils, groundwater, and transportation received at the public hearing on the DEIS and through written correspondence that require response in the FEIS. B. Should the Applicant opt to prepare the FEIS, AKRF would review the draft FEIS for the sufficiency of responses to comments relating to soils, groundwater, and transportation. AKRF would prepare a Technical Memorandum containing our comments and provide the Technical Memorandum to the Town of Southold for its review such that the Town can comply with the 60 Ms. Heather Lanza March 2, 2015 day review period required by the Stipulation of Settlement. Should a second round of FEIS review be required, AKRF would review the re -submitted material and provide a second Technical Memorandum to the Town such that the Town can comply with the second 60 day review period required by the Stipulation of Settlement. C. AKRF would be available for up to two (2) meetings with the Town and/or Applicant to review our technical comments during Task 2. D. Contingency Task: Should the Applicant opt to have the Town of Southold prepare the FEIS, as allowed by SEQRA and the Stipulation of Settlement, AKRF could provide additional assistance to the Town in the preparation of the FEIS. However, this additional work would be subject to an additional proposal and fee estimate and is not contemplated as part of the currently proposed Scope of Services or Fee Estimate. Task 3. Findings Assistance A. AKRF would assist the Town with the preparation of the SEQRA Findings pertaining to soils, groundwater, and transportation. It is assumed that the Town would take the primary responsibility for drafting the SEQRA Findings and that AKRF would provide language for insertion by the Town. B. AKRF would be available for telephone consultation with the Town during Task 3. It is assumed that no face-to-face meetings with Town staff or the Applicant would be required during Task 3. Fee Estimate AKRF would complete Task 1 (A -C) and Task 2 (A only) for a Lump Sum fee of $18,500. Since it is unknown at this time the extent and nature of public and agency comments to be received on the DEIS, it is not possible to estimate a level of effort required to complete Task 2 (B -C) and Task 3 (A -B). AKRF would propose to conduct Task 2 (B -C) and Task 3 (A -B) on a Time & Materials basis using its standard hourly billing rates included in our Terms & Conditions attached to this proposal. Prior to any work being commenced on Task 2 (B -C) and Task 3 (A -B), AKRF will provide a written estimate of the cost to complete those tasks on a Time and Materials basis. Work will not commence until the Town of Southold has authorized it in writing with a Purchase Order. The amount of the purchase order may not be exceeded without prior written approval. Should the work required go beyond amount of the Purchase Order, a written estimate must be submittwork Order. ed to the Town. The additional wthe will not commence until the Town of Southold has authorized it t writing with an additional Purchase The employee category for any task to be completed on a Time and Materials basis will be the lowest hourly rate warranted by the complexity of the tasks. Ms. Heather Lanza 4 March 2, 2015 If this proposal meets with your approval, please sign one copy and send it to us as our Authorization to Proceed. We would be happy to answer any questions you might have. Graham can be reached at 914- 922-2355 and Stephen can be reached at 646-388-9742. Sincerely, RF, INC. l YV Gr 'am L. Trelstad, AICP Senior Vice President, Director of Planning ACKNOW7—/j ACCE ED: Signature: Title: For: �� Of�Date: Stephen+/� Vice President v[-70k� 3 APPENDIX A Terms and Conditions Consulting Agreement (this "Agreement"), dated as of January 27, 2015 (revised March 2, 2015), between AKRF, Inc. (the "Consultant"), with an address at 3900 Veterans Memorial Highway, Suite 331, Bohemia, New York 11716, and the Town of Southold (the "Client"), with an address at 53095 Route 25, Southold, New York 11971. WHEREAS, the Client wishes to engage the Consultant to provide, and the Consultant wishes to render, certain professional services in connection with the project (the "Prwect") described on annexed Attachment A, as such services are more fully described on the annexed Scope of Work and/or an Attachment A (collectively, the "Services"), relating to certain site or sites identified therein (collectively, the "Site"); NOW, THEREFORE, in consideration of the foregoing and other mutual promises set forth herein, the parties hereby agree as follows: 1. Services. Subject to the terms and conditions hereof, the Client hereby engages the Consultant to perform, and Consultant hereby agrees to provide, certain professional services in connection with the project (the "EWject") relating to certain site or sites (collectively, the "Site"), all as more fully described on the annexed Scope of Work and/or annexed Attachment A (collectively, the "Services"). The Services shall include furnishing the agreed-upon reports, drawings and/or other work product described on annexed The A (collectively, the "Deliverables"). 2. Compensation, Invoicing and Payment. The Client shall pay the Consultant the initial retainer and the other amounts, and reimburse Consultant's expenses, at the times and in the manner set forth on annexed Attachment A. The Client shall pay all taxes, fees, assessments and charges applicable to the Services and any other pass-through charges (other than taxes imposed upon the net income of the Consultant), including interest and other charges thereon chargeable by the taxing authorities. 3. Performance Standards. The Consultant shall use reasonable commercial efforts to render the Services and all other obligations under this Agreement in accordance with (i) the standard of care and skill ordinarily used by reputable members of the same profession practicing under similar circumstances at the same time and in the same locale and (ii) all applicable codes, regulations, ordinances, and laws in effect as of the date of the execution of this Agreement. Neither the Consultant's entering into this Agreement nor any performance hereunder by the Consultant, or any affiliate or subcontractor thereof, shall create any fiduciary obligation owed to the Client or any other person or entity. Client or any other person or entity and any such obligation is hereby fully and expressly disclaimed. Except for the performance standards described above, the Consultant is making no express or implied warranties, including those of merchantability, accuracy or fitness for a particular purpose, regarding the Services or any Deliverables. The Consultant shall not be responsible for the acts or omissions of any subcontractor, supplier or other personnel based on requests made or directions or instructions provided by the Client to any subcontractor, supplier or other personnel engaged by Consultant unless the Client first discusses such requests, directions or instructions with Consultant and Consultant agrees that the requests, directions or instructions are part of the Services to be provided hereunder. In the event of an emergency affecting the health or safety of persons or property, the Consultant may act, in its reasonable discretion, to prevent threatened damage, injury or loss to person or property notwithstanding that it may be outside the scope of the Services or not approved in advance by the Client. 4. Indemnification. a. The Consultant agrees, to the fullest extent permitted by law, to indemnify and hold the Client, it subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and agents (collectively, the "Client Parties") harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense) to the extent caused by the Consultant's negligence. The indemnification obligation created by this Paragraph is subject in every respect to the limitation of liability provisions in Paragraph 5 of this Agreement. b. The Client agrees, to the fullest extent permitted by law, to indemnify and hold the Consultant, its subsidiaries and affiliates and their respective officers, directors, employees, owners, subcontractors and agents (collectively, the "Consultant Parties") harmless from any damage, liability, or cost (including reasonable attorneys' fees and costs of defense); (i) to the extent caused by the Client's negligence, or (ii.) relating directly or indirectly to the presence or suspected presence at any time of asbestos, or hazardous or toxic materials on or about the Project Site, arising out of, or in any way connected with, the performance or nonperformance of the obligations under this Agreement by the Consultant (unless and until there has been an adjudication by a court or forum of competent jurisdiction that the claims at issue are a direct result of the sole negligence of the Consultant), or A-1 �f% Initials (iii.) to the extent arising from or attributable to the failure of the Client to timely and/or properly implement or adhere to recommendations, designs, specifications, work plans or other items specifying or outlining the construction and/or implementation of future work beyond this Scope of Work provided by Consultant in Deliverables. c. As a condition precedent to claiming any indemnification hereunder, the applicable indemnified party (i) shall promptly provide the applicable indemnifying party with written notice of any claim sufficiently promptly and in sufficient detail to avoid prejudicing the defense of such claim; (ii) shall not settle or compromise any such claim without the indemnifying party's written consent, which shall not be unreasonably withheld or delayed; and (iii) shall promptly provide reasonable cooperation relating to defending such claim. The indemnified party may, at its own expense, assist in the defense if it so chooses, but shall not be permitted to control such defense or any negotiations relating to the settlement of any such claim so long as the party responsible for indemnification hereunder is actively defending such claim. Notwithstanding clause (ii) above, if the party responsible for indemnification hereunder refuses or fails to timely defend the claim or abandons such defense, the indemnified party(parties) may settle such claim without the prior consent of the indemnifying party and the indemnifying party shall remain fully liable to indemnify the indemnified party(parties) to the extent that the indemnified party(parties) are otherwise entitled to indemnification for such claim under this Section 4. d. No party shall be liable for any claim or cause of action seeking indemnification under this Section 4, regardless of the type or nature of the action, if such action is brought more than three years after the applicable cause of action has accrued. e. NOTWITHSTANDING ANYTHING TO THE CONTRARY SET FORTH IN THIS AGREEMENT OR IN ANY DOCUMENT SIGNED BETWEEN THE PARTIES REGARDING THE SUBJECT MATTER OF THIS AGREEMENT, EITHER PRIOR OR SUBSEQUENT TO THIS AGREEMENT, IN NO EVENT SHALL ANY PARTY HERETO, OR ANY OFFICER, DIRECTOR, OWNER, EMPLOYEE, SHAREHOLDER OR AGENT THEREOF, BE LIABLE FOR ANY LOSS OF PROFITS OR REVENUE, OR LOSS OR INACCURACY OF DATA OR MATERIAL OR FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, WHETHER IN AN ACTION IN CONTRACT OR TORT OR OTHERWISE, EVEN IF THE SAME HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES, EXCEPT TO THE EXTENT THAT ANY SUCH DAMAGES ARE PAYABLE BY ONE OF THE PARTIES HERETO TO A THIRD PARTY AND THE CLAIM IS ONE FOR WHICH THE PARTY REQUIRED (WHETHER BY JUDGMENT, SETTLEMENT OR OTHERWISE) TO PAY SUCH DAMAGES IS ENTITLED TO INDEMNIFICATION UNDER THIS SECTION 4. 5. Limitation of Liability. The Client agrees, to the fullest extent permitted by law, to limit the liability of the Consultant Parties hereunder to the Client and to all construction contractors, subcontractors on the Project and others under the Client's control for any and all claims, losses, costs, damages of any nature whatsoever, or expenses from any cause or causes, regardless of the nature or type of action, so that the total aggregate liability of the Consultant Parties shall not exceed the compensation actually paid to Consultant for services rendered on this Project under this Agreement. 6. Term. This Agreement shall have a term commencing on the date of this Agreement and ending, unless terminated earlier as provided herein, when the Services are completed or as otherwise set forth on annexed Attachment A. A party may terminate this Agreement by delivery of written notice to the other if (i) the other party commits a material breach of this Agreement and fails to remedy such breach within 30 days after receipt of written notice specifying the alleged breach in reasonable detail, or (ii) any party makes an assignment for the benefit of its creditors, a voluntary or involuntary petition is filed by or against a party under any bankruptcy or insolvency law, or under the provisions of any law of like import, or a trustee or receiver is appointed for any party or its property. If full payment is not received by the Consultant by the applicable due date, then the Consultant may, at its sole discretion and without liability to any Consultant Parties, terminate this Agreement or suspend any Services to be performed hereunder upon 10 days prior written notice. If the Project is suspended for any reason for more than 60 calendar days in the aggregate (whether or not consecutive), the Consultant may, at its discretion and without liability, terminate this Agreement. Upon any termination of this Agreement, the Consultant shall be paid in full in accordance with the terms of this Agreement for all Services rendered and reimbursable expenses incurred through the date of termination, including reasonable termination costs. 7. Miscellaneous. This Agreement supersedes any written or oral proposal or other communication between the parties relating to the subject matter hereof. The rights and obligations of the parties hereunder shall be governed by the laws of the State of New York, without regard to principles of conflicts of laws and each party consents to the exclusive jurisdiction and venue of any state or federal court in New York County, New York, for the resolution of any disputes. The provisions of Sections 4, 5 and this Section 7 shall survive completion of performance in accordance with the provisions of this Agreement and final payment hereunder or any termination of this Agreement. This Agreement may be executed and delivered by facsimile and in one or more counterparts, each of which shall be deemed an original. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their authorized representatives and made effective as of the date first set forth above. A-2 Initials ATTACHMENT A Services/Scone of Work The Proiectiect and Site(s): The Heritage at Cutchogue SEQRA Review Assistance The Services: State Environmental Quality Review Act (SEQRA) review assistance relating to soils, groundwater, and transportation impacts of a proposed 130 -unit age - restricted development. The Deliverables: Technical Memoranda and language for insertion in a SEQRA Findings Statement. Retainer: $0. Payable upon contract execution. The retainer shall be applied against the final invoice rendered by the Consultant hereunder. Amount. Timing and Task 1 (A -C) and Task 2 (A only) for a Lump Sum of $18,500. Task 2 (B -C) and Task 3 Manner of Payment of (A -B) on a Time & Materials basis using rates attached as Appendix B. Compensation: Except as otherwise provided in this Attachment A, invoices will be submitted by the Consultant monthly, are due upon presentation and shall be paid in full within 30 calendar days after the applicable invoice date. If payment is not received in full on or before the applicable due date then the Consultant may charge interest on any unpaid amount from the due date in an amount equal to the lesser, of 1-1/2% per month or the maximum amount permitted by applicable law, calculated on a daily basis. Payments will be credited first to interest and then to principal. Ex ense At cost. Reimbursement: Additional Rules The Services are limited to those tasks specified herein. If the Client requests the Relating to Services Consultant to perform work or provide Deliverables that are beyond the scope of this and Payments: Agreement ("Additional Work"), the Consultant may undertake to perform the same in its discretion for additional compensation. In the absence of written agreement to the contrary, all Additional Work provided by the Consultant from time to time shall be provided on a time and material basis at the Consultant's then current standard hourly rates in effect from time to time. If the Project is suspended for more than 30 days in the aggregate (whether or not consecutive), the Consultant shall be paid for all Services performed and charges incurred prior to receipt of notice to suspend. A mutually agreed upon equitable adjustment in Consultant's fees and in the Project's performance schedule shall be made to accommodate the delay, demobilization and remobilization costs caused by the suspension before the Consultant resumes the Services. This Agreement is subject to modification in light of occurrences or discoveries that were not originally contemplated by or known to the Consultant. If the Consultant calls for contract renegotiation, the Consultant will identify the changed conditions necessitating renegotiation, and the Consultant and the Client shall promptly and in good faith enter into renegotiation of this Agreement. If terms cannot be agreed to, then either party has the absolute right to terminate this Agreement by delivery of ten (10) days prior written notice. Except as provided herein, neither party shall be liable for damages for any delay or failure to perform its obligations hereunder, if such delay or failure is due to circumstances or events beyond the party's control or without its fault or negligence, including without limitation, strikes, riots, wars, fires, epidemics, quarantine restrictions, unusually severe weather, earthquakes, explosions, acts of God or state or any public enemy or acts mandated by applicable laws, regulation or order, whether valid or invalid, of any governmental body. Term: 90 days. A-3 -4L Initials APPENDIX B e,4 - Initials