exhibit 4 - documents.dps.ny.gov
TRANSCRIPT
NEW YORK STATE BOARD ON ELECTRIC GENERATION SITING AND THE ENVIRONMENT _______________________________________________ In re the Matter of Application of Garnet Energy Center, LLC for a Certificate CASE 20-F-0043 of Environmental Compatibility and Public Need Pursuant to Article 10 to Construct and Operate a Solar Generating Facility and Energy Storage System in the Town of Conquest, Cayuga County. _______________________________________________
Exhibit 4
Engagement Letter, Budget and Qualifications of Chad M. Wade.
300 State Street, Suite 502 Rochester, New York 14614 585.434.0790 phone 585.563.7432 fax www.zoglaw.com
VIA ELECTRONIC MAIL August 18, 2021 Chad M. Wade ([email protected]) 363 N. Montgomery St Newburgh, NY 12550
Re: Contract for Expert Consulting Services between Mr. Chad Wade and The Zoghlin Group PLLC for Expert Consulting Services Related to Article 10 proceeding for Garnet Solar
Dear Mr. Wade,
Please let this letter confirm that you have agreed to provide expert consulting services to The Zoghlin Group, PLLC for the benefit of its client, Rural Preservation and Net Conservation Benefit Coalition (“RPNCBC”). Your expert services will assist The Zoghlin Group (the “Firm”) and its client, RPNCBC, in the state siting proceeding for the proposed Garnet Solar project. The siting proceeding is being conducted through Article 10, DMM Case No. 20-F-0043. Your expert services will assist RPNCBC and this Firm in the application phase of the Article 10 proceeding.
RPNCBC and the firm desire your assistance in assessing the scope and methodology of any visual impact assessment (VIA) conducted by the applicant, assistance in interpreting the results of the VIA and other relevant sources of visual impact data, assist in quantifying the likely impact of proposed solar panels on the viewshed and community character, assistance in reviewing the adequacy of any avoidance or mitigation strategies proposed by the applicant, and assistance in recommending any additional visual impact mitigation that may be required.
The Firm anticipates you will review Exhibit 24 of the Application and all other documents relevant to visual impacts, assist in drafting a issues statement, review any pre-filed testimony submitted by the Applicant, assist attorneys in drafting and reviewing information requests, assist in the development of your own pre-filed testimony and rebuttal testimony, provide live testimony during cross examination if required, assist attorneys with developing issue briefs and reply briefs, and to potentially assist in any confidential settlement conferences between the parties to the above referenced proceedings that might occur.
DocuSign Envelope ID: 96A16821-95C0-4F71-A9C6-9F90CCB273FE
It is our understanding that you will provide the expert services described above at the following rates and under the following conditions:
1. One on one phone calls (after initial call): $120/hr. 2. Document review, literature review, site visits, interviews, research, analysis, discovery, letters, reports, affidavits, preparation for oral or audio-video presentations, audio or audio-video conference calls: $120 per hour. 3. Depositions, court testimony, oral testimony: $120 per hour. 4. Travel: All applicable expenses for transportation, parking, meals, and lodging; air travel; rental car.
An itemized estimated budget for your work in enclosed to this letter and incorporated herein by reference. The Firm and its client, RPNCBC, acknowledge the costs of your services are estimated as $10,800.00 and that actual cost may be more or less than anticipated. Please be advised that no services should be rendered unless and until funds are awarded to RPNCBC for the Garnet Solar siting proceeding, or unless the Firm specifically approves the commencement of work prior to an award. Furthermore, no services exceeding the estimated cost of $10,800 may be rendered without prior approval of either the Firm or RPNCBC. A draft of this agreement will be filed publicly as part of RPNCBC’s request for intervenor funding. Finally, all communications between you and RPNCBC and/or the Firm are intended to be protected by the attorney-client privilege, and all other applicable privileges. As such, any reports, statements, documents, working papers, and/or other materials prepared for or related to the expert consulting services provided pursuant to this agreement shall not be disclosed to third-parties without the Firm’s or RPNCBC’s consent. The Firm will be your primary point of contact for this engagement. However, RPNCBC, and not the Firm, shall be ultimately responsible for paying your invoices. We look forward to working with you on this matter.
Be well,
Benjamin E. Wisniewski, Esq. READ AND AGREED TO THIS _____ day of August, 2021 ______________________________ Chad M. Wade
DocuSign Envelope ID: 96A16821-95C0-4F71-A9C6-9F90CCB273FE
8/18/2021
Enclosure 1: Estimated Budget for services of Chad Wade:
Action Rate Estimated Time Estimated Cost
Review applicable portions of the Application (Exhibits 24 and all visual studies attached to application, and GIS data).
$120/hr. 15 hours $1,800.00
Academic research related to studies conducted or cited by applicant
$120/hr. 11 hours $1,320.00
Assist in drafting issues statement raising substantive and significant issues for adjudication.
$120/hr. 10 hours $1,200.00
Assist attorneys in drafting information requests and reviewing Garnet Solar’s responses
$120/hr. 9 hours
$1,080.00
Draft written pre-filed direct testimony with assistance of attorneys
$120/hr. 10 hours $1,200.00
Review applicant’s direct testimony and draft rebuttal testimony if required
$120/hr. 9 hours $1,080.00
Attend 1- or 2-day cross examination hearing in Cayuga County, NY *remote attendance preferred depending on status of epidemic
$120/hr. + travel expenses*
16 hours plus estimated $0.00* in travel expenses.
$1,920.00*
Review and provide commentary on post-hearing briefing, assist attorneys in drafting post hearing briefs.
$120/hr. 10 hours $1,200.00
TOTAL ESTIMATED COST
$10,800.00
Curriculum VitaeChad M. Wade, R.L.A.Registered Landscape ArchitectNew York State Board of Education License No. 002206
Professional experience within all aspects of the Landscape Architecture industry. This
includes project scoping, site-specific reconnaissance, alternative schematic design,
design refinement, zoning code interpretation, regulatory agency review, SEQRA review,
geographical information systems, client and municipal board interaction, final design,
and construction documentation, desktop publishing, and graphic presentation. The above
is done utilizing skills associated with AutoCAD, Photoshop/Gimp, Illustrator/Inkscape,
InDesign/Scribus, ArcGIS/QGIS, three-dimensional modeling, hand graphics, writing, and
communication.
Professional Goals are to continually promote sustainable, native, and green twists to
the built environment, ensuring there is continual growth and prosperity while being
conscious of the environmental impact associated with the growth.
Experience:Owner/Principal/Landscape Architect | LandArch Studios, P.L.L.C.Newburgh, New York
May 2011 to Present
LandArch Studios, P.L.L.C. is a full-service Landscape Architecture and Land Planning
firm committed to providing clients with a sustainable native twist to the built
environment, whereas sustainability is defined as the design, construction, and
maintenance with practices that meet the needs of the present without compromising the
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Curriculum Vitae | Chad M. Wade, R.L.A.
ability of future generations to meet their own needs. LandArch Studios, P.L.L.C. is
intent on providing design and consultation services for outdoor spaces so they are not
only functional but also beautiful and harmonious with the natural environment. The
"twist" consists of the integration of the Sustainable Site's initiative concepts in
conjunction with Smart Growth ideas to traditional landscape and land planning
practices.
Assistant City Engineer | City of NewburghNewburgh, New York
July 2014 to Present
Responsible for providing professional engineering services as requested by City
administration. Technical services performed include the overseeing of Civil
Engineering design and analysis, overseeing the preparation of project specifications
and contract documents for infrastructure projects, construction management, survey &
site plan review, and preparation and maintenance of City Engineering records and maps.
Evaluates and recommends architectural/engineering firm selections, and performs site
plan review functions for City Planning Board. Also assists the Department of Public
Works, Water Department, and Waste Water Treatment Plant in the daily operation of City
infrastructure.
Planner | Orange County Department of PlanningGoshen, New York
June 2011 to July 2014
Engaged in the protection and enhancement of the quality of life of Orange County
residents by providing technical assistance and guidance concerning land use and
transportation planning, sustainable development, and environmental protection
principles promoted in the various policy and reference documents prepared by local,
County, State, and Federal Agencies.
Junior Landscape Architect/Landscape Architect | Esposito & AssociatesGoshen, New York
June 2005 to June 2011
Involved in all aspects of the Landscape Architecture industry. Main duties included
alternative schematic design, construction documents and specifications, site-specific
reconnaissance, zoning code interpretation, regulatory agency review, SEQRA review,
client and municipal board interaction, design refinement and construction
documentation, graphic presentation, desktop publishing, and IT support.
Honors, Awards, and Memberships:2010 Orange County Chamber of Commerce Rising Star
Eagle Scout within the Boy Scouts of America
American Society of Landscape Architects, Member
Orange County Citizens Foundation, Nexgen Member
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Curriculum Vitae | Chad M. Wade, R.L.A.
Arbor Day Foundation, Member
Education:B.L.A., Landscape Architecture
State University of New York College of Environmental Sciences and ForestrySyracuse, New York
Graduated 2005
In-depth professional preparation focusing on sustainable integration of natural and
cultural communities through ecological design and planning, community design and
planning, and cultural landscape conservation aspects associated with the Landscape
Architecture Profession. Semester abroad in Prague, Czech Republic.
A.S., Landscape Development
State University of New York College of Agriculture and Technology at CobleskillCobleskill, New York
Graduated 2001
In-depth learning pertaining to the design, installation, and maintenance that is
associated with the landscape profession. The main focus was on design development,
including relevant graphics classes.
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