Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 41

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

41

Agency Names

Department Of Environmental Services

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

op

The State of New Hampshire

InHDES I^^P^rtment of Environmental Services

L-Robert R. Scott, Commissioner

December 16, 2025

JAN 0 7 2026

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Environmental Services (NHDES) to enter into a contract with Northeast

Archaeology Research Center, Inc. (VC#225111-B001), Farmington, Maine in the amount of $100,000 to

comply with the National Historic Preservation Act for the "Restoring NH Salt Marshes" award, effective

upon Governor & Council approval through March 31, 2028. 100% federal funds.

Funding is available in the following account.

FY 2026

03-44-44-442010-6363-102-500731 $100,000

Dept. of Environmental Services, Coastal Resilience Infrastructure, Contracts for Program Services

EXPLANATION

NHDES requests approval to enter into a contract with the Northeast Archaeology Research Center, Inc.

(NEARC) to comply with the National Historic Preservation Act (NHPA) for the "Restoring NH Salt

Marshes" award from the National Fish and Wildlife Foundation (NFWF) as part of the America the

Beautiful Challenge grant. At the request of NFWF, NHDES Coastal Program (NHCP) consulted with the

United States Fish and Wildlife Service (USFWS) and the New Hampshire Department of Natural and

Cultural Resources Division of Historical Resources (NHDHR) to determine how the "Restoring NH Salt

Marshes" grant would comply with the NHPA. NHDES collaborated with the USFWS and NHDHR to

determine the scope of work included in this agreement.

NHDES subsequently issued a Request for Proposals (RFP) on April 4, 2025, seeking proposals for cultural

and historic resource consulting services. Five eligible proposals were received and ranked according to

selection criteria and selection committee discussion. The proposal submitted by NEARC was

determined by the selection committee to offer the best approach for completing the required work and

achieving compliance with the NHPA. A scoring matrix that includes a list of the selection committee

members, along with their titles and level of experience, is provided in Attachment A.

NEARC will work with NHCP and NHDHR to comply with the NHPA for both architectural history and

archeology to include pre-contact and post-contact periods. NEARC will prepare an Architectural Survey

Plan, including both confidential and publicly accessible portions. NEARC will also provide

comprehensive cultural and historic resource consulting services for each of the projects supported by

the "Restoring NH Salt Marshes" grant.

www.des.nh.gov

29 Hazen Drive • PO Box 95 • Concord, NH 03302-0095

(603) 271-3503 • Fax: 271-2867 • TOO Access; Relay NH 1-800-735-2964

Her Excellency, Governor Kelly A. Ayotte

and The Honorable Council

Total project costs are budgeted at $100,000. NHDES will provide funding through this federal grant. If

federal funds become no longer available, general funds will not be requested to support this program.

The agreement has been approved by the Office of the Attorney General as to form, execution, and

content.

We respectfully request your approval.

Robert R. Scott, Commissioner

FORM NUMBER P-37 (version 2/23/2023)

Notice: This agreement and all of its attachments shall become public upon submission to Governor and

Executive Council for approval. Any information that is private, confidential or proprietary must

be clearly identified to the agency and agreed to in writing prior to signing the contract.

AGREEMENT

The State of New Hampshire and the Contractor hereby mutually agree as follows:

GENERAL PROVISIONS

1.1 State Agency Name

New Hampshire Department of Environmental Services

1.2 State Agency Address

29 Hazen Drive

Concord, NH 03302-0095

1.3 Contractor Name

Northeast Archaeology Research Center, Inc.

1.4 Contractor Address

382 Fairbanks Road

Farmington Maine 04938

1.5 Contractor Phone Number

207 860 4032

1.6 Account Unit and Class

03-44-44-442010-6363-102-

500731

1.7 Completion Date

March 31,2028

1.8 Price Limitation

$100,000

1.9 Contracting Officer for State Agency

Kevin Lucey

1.10 State Agency Telephone Number

603-559-0026

1.11 Contractor Signature

^ Date:

1.12 Name and Title of Contractor Signatory

\jruL. P^'cU>-

U t /y fs

1.13 State Agency Signature 1.14 Name and Title of State Agency Signatory

Robert R. Scott, Commissioner

^15 Approval by tHe N.H. Department of Administration, Division of Personnel (if applicable)

By: Director, On:

1.16 Approval by the Attorney General (Form, Substance and Execution) (if applicable)

1.17 Approval by the Governor and Executive Coimcil (ifapplicable)

G&C Item number: G&C Meeting Date:

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2. SERVICES TO BE PERFORMED. The State of New

Hampshire, acting through the agency identified in block 1.1

("State"), engages contractor identified in block 1.3 ("Contractor")

to perform, and the Contractor shall perform, the work or sale of

goods, or both, identified and more particularly described in the

attached EXHIBIT B which is incorporated herein by reference

("Services").

3. EFFECTIVE DATE/COMPLETION OF SERVICES.

3.1 Notwithstanding any provision of this Agreement to the

contrary, and subject to the approval of the Governor and

Executive Council of the State of New Hampshire, if applicable,

this Agreement, and all obligations of the parties hereunder, shall

become effective on the date the Governor and Executive Council

approve this Agreement, unless no such approval is required, in

which case the Agreement shall become effective on the date the

Agreement is signed by the State Agency as shown in block 1.13

("Effective Date").

3.2 If the Contractor commences the Services prior to the Effective

Date, all Services performed by the Contractor prior to the

Effective Date shall be performed at the sole risk of the Contractor,

and in the event that this Agreement does not become effective, the

State shall have no liability to the Contractor, including without

limitation, any obligation to pay the Contractor for any costs

incurred or Services performed.

3.3 Contractor must complete all Services by the Completion Date

specified in block 1.7.

4. CONDITIONAL NATURE OF AGREEMENT.

Notwithstanding any provision of this Agreement to the contrary,

all obligations of the State hereunder, including, without limitation,

the continuance of payments hereunder, are contingent upon the

availability and continued appropriation of funds. In no event shall

the State be liable for any payments hereunder in excess of such

available appropriated funds. In the event of a reduction or

termination of appropriated funds by any state or federal legislative

or executive action that reduces, eliminates or otherwise modifies

the appropriation or availability of funding for this Agreement and

the Scope for Services provided in EXHIBIT B, in whole or in part,

the State shall have the right to withhold payment until such funds

become available, if ever, and shall have the right to reduce or

terminate the Services under this Agreement immediately upon

giving the Contractor notice of such reduction or termination. The

State shall not be required to transfer funds from any other account

or source to the Account identified in block 1.6 in the event funds

in that Account are reduced or unavailable.

5. CONTRACT PRICE/PRICE LIMITATION/ PAYMENT.

5.1 The contract price, method of payment, and terms of payment

are identified and more particularly described in EXHIBIT C

which is incorporated herein by reference.

5.2 Notwithstanding any provision in this Agreement to the

contrary, and notwithstanding unexpected circumstances, in no

event shall the total of all payments authorized, or actually made

hereunder, exceed the Price Limitation set forth in block 1.8. The

payment by the State of the contract price shall be the only and the

complete reimbursement to the Contractor for all expenses, of

whatever nature incurred by the Contractor in the performance

hereof, and shall be the only and the complete compensation to the

Contractor for the Services.

5.3 The State reserves the right to offset from any amounts

otherwise payable to the Contractor under this Agreement those

liquidated amounts required or permitted by N.H. RSA 80:7

through RSA 80:7-c or any other provision of law.

5.4 The State's liability under this Agreement shall be limited to

monetary damages not to exceed the total fees paid. The Contractor

agrees that it has an adequate remedy at law for any breach of this

Agreement by the State and hereby waives any right to specific

performance or other equitable remedies against the State.

6. COMPLIANCE BY CONTRACTOR WITH LAWS AND

REGULATIONS/EQUAL EMPLOYMENT

OPPORTUNITY.

6.1 In connection with the performance of the Services, the

Contractor shall comply with all applicable statutes, laws,

regulations, and orders of federal, state, county or municipal

authorities which impose any obligation or duty upon the

Contractor, including, but not limited to, civil rights and equal

employment opportunity laws and the Governor's order on Respect

and Civility in the Workplace, Executive order 2020-01. In

addition, if this Agreement is funded in any part by monies of the

United States, the Contractor shall comply with all federal

executive orders, rules, regulations and statutes, and with any rules,

regulations and guidelines as the State or the United States issue to

implement these regulations. The Contractor shall also comply

with all applicable intellectual property laws.

6.2 During the term of this Agreement, the Contractor shall not

discriminate against employees or applicants for employment

because of age, sex, sexual orientation, race, color, marital status,

physical or mental disability, religious creed, national origin,

gender identity, or gender expression, and will take affirmative

action to prevent such discrimination, unless exempt by state or

federal law. The Contractor shall ensure any subcontractors

comply with these nondiscrimination requirements.

6.3 No payments or transfers of value by Contractor or its

representatives in connection with this Agreement have or shall be

made which have the purpose or effect of public or commercial

bribery, or acceptance of or acquiescence in extortion, kickbacks,

or other unlawful or improper means of obtaining business.

6.4. The Contractor agrees to permit the State or United States

access to any of the Contractor's books, records and accounts for

the purpose of ascertaining compliance with this Agreement and

all rules, regulations and orders pertaining to the covenants, terms

and conditions of this Agreement.

7. PERSONNEL.

7.1 The Contractor shall at its own expense provide all personnel

necessary to perform the Services. The Contractor warrants that all

personnel engaged in the Services shall be qualified to perform the

Services, and shall be properly licensed and otherwise authorized

to do so under all applicable laws.

7.2 The Contracting Officer specified in block 1.9, or any

successor, shall be the State's point of contact pertaining to this

Agreement.

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8. EVENT OF DEFAULT/REMEDIES.

8.1 Any one or more of the following acts or omissions of the

Contractor shall constitute an event of default hereunder ("Event

of Default"):

8.1.1 failure to perform the Services satisfactorily or on schedule;

8.1.2 failure to submit any report required hereunder; and/or

8.1.3 failure to perform any other covenant, term or condition of

this Agreement.

8.2 Upon the occurrence of any Event of Default, the State may

take any one, or more, or ail, of the following actions:

8.2.1 give the Contractor a written notice specifying the Event of

Default and requiring it to be remedied within, in the absence of a

greater or lesser specification of time, thirty (30) calendar days

from the date of the notice; and if the Event of Default is not timely

cured, terminate this Agreement, effective two (2) calendar days

after giving the Contractor notice of termination;

8.2.2 give the Contractor a written notice specifying the Event of

Default and suspending all payments to be made under this

Agreement and ordering that the portion of the contract price which

would otherwise accrue to the Contractor during the period from

the date of such notice until such time as the State determines that

the Contractor has cured the Event of Default shall never be paid

to the Contractor;

8.2.3 give the Contractor a written notice specifying the Event of

Default and set off against any other obligations the State may owe

to the Contractor any damages the State suffers by reason of any

Event of Default; and/or

8.2.4 give the Contractor a written notice specifying the Event of

Default, treat the Agreement as breached, terminate the Agreement

and pursue any of its remedies at law or in equity, or both.

9. TERMINATION.

9.1 Notwithstanding paragraph 8, the State may, at its sole

discretion, terminate the Agreement for any reason, in whole or in

part, by thirty (30) calendar days written notice to the Contractor

that the State is exercising its option to terminate the Agreement.

9.2 In the event of an early termination of this Agreement for any

reason other than the completion of the Services, the Contractor

shall, at the State's discretion, deliver to the Contracting Officer,

not later than fifteen (15) calendar days after the date of

termination, a report ("Termination Report") describing in detail

all Services performed, and the contract price earned, to and

including the date of termination. In addition, at the State's

discretion, the Contractor shall, within fifteen (15) calendar days

of notice of early termination, develop and submit to the State a

transition plan for Services under the Agreement.

10. PROPERTY OWNERSHIP/DISCLOSURE.

10.1 As used in this Agreement, the word "Property" shall mean

all data, information and things developed or obtained during the

performance of, or acquired or developed by reason of, this

Agreement, including, but not limited to, all studies, reports, files,

formulae, surveys, maps, charts, sound recordings, video

recordings, pictorial reproductions, drawings, analyses, graphic

representations, computer programs, computer printouts, notes,

letters, memoranda, papers, and documents, all whether finished or

imfmished.

10.2 All data and any Property which has been received from the

State, or purchased with funds provided for that purpose under this

Agreement, shall be the property of the State, and shall be returned

to the State upon demand or upon termination of this Agreement

for any reason.

10.3 Disclosure of data, information and other records shall be

governed by N.H. RSA chapter 91-A and/or other applicable law.

Disclosure requires prior written approval of the State.

11. CONTRACTOR'S RELATION TO THE STATE. In the

performance of this Agreement the Contractor is in all respects an

independent contractor, and is neither an agent nor an employee of

the State. Neither the Contractor nor any of its officers, employees,

agents or members shall have authority to bind the State or receive

any benefits, workers' compensation or other emoluments

provided by the State to its employees.

12. ASSIGNMENT/DELEGATION/SUBCONTRACTS.

12.1 Contractor shall provide the State written notice at least fifteen

(15) calendar days before any proposed assignment, delegation, or

other transfer of any interest in this Agreement. No such

assignment, delegation, or other transfer shall be effective without

the written consent of the State.

12.2 For purposes of paragraph 12, a Change of Control shall

constitute assignment. "Change of Control" means (a) merger,

consolidation, or a transaction or series of related transactions in

which a third party, together with its affiliates, becomes the direct

or indirect owner of fifty percent (50%) or more of the voting

shares or similar equity interests, or combined voting power of the

Contractor, or (b) the sale of all or substantially all of the assets of

the Contractor.

12.3 None of the Services shall be subcontracted by the Contractor

without prior written notice and consent of the State.

12.4 The State is entitled to copies of all subcontracts and

assignment agreements and shall not be bound by any provisions

contained in a subcontract or an assignment agreement to which it

is not a party.

13. INDEMNIFICATION. The Contractor shall indemnify,

defend, and hold harmless the State, its officers, and employees

from and against all actions, claims, damages, demands,

judgments, fmes, liabilities, losses, and other expenses, including,

without limitation, reasonable attorneys' fees, arising out of or

relating to this Agreement directly or indirectly arising from death,

personal injury, property damage, intellectual property

infringement, or other claims asserted against the State, its officers,

or employees caused by the acts or omissions of negligence,

reckless or willful misconduct, or fraud by the Contractor, its

employees, agents, or subcontractors. The State shall not be liable

for any costs incurred by the Contractor arising under this

paragraph 13. Notwithstanding the foregoing, nothing herein

contained shall be deemed to constitute a waiver of the State's

sovereign immunity, which immunity is hereby reserved to the

State. This covenant in paragraph 13 shall survive the termination

of this Agreement.

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14. INSURANCE.

14.1 The Contractor shall, at its sole expense, obtain and

continuously maintain in force, and shall require any subcontractor

or assignee to obtain and maintain in force, the following

insurance:

14.1.1 commercial general liability insurance against all claims of

bodily injury, death or property damage, in amoimts of not less than

$1,000,000 per occurrence and $2,000,000 aggregate or excess;

and

14.1.2 special cause of loss coverage form covering all Property

subject to subparagraph 10.2 herein, in an amount not less than

80% of the whole replacement value of the Property.

14.2 The policies described in subparagraph 14.1 herein shall be on

policy forms and endorsements approved for use in the State of

New Hampshire by the N.H. Department of Insurance, and issued

by insurers licensed in the State of New Hampshire.

14.3 The Contractor shall fiimish to the Contracting Officer

identified in block 1.9, or any successor, a certificate(s) of

insurance for all insurance required under this Agreement. At the

request of the Contracting Officer, or any successor, the Contractor

shall provide certificate(s) of insurance for all renewal(s) of

insitrance required under this Agreement. The certificate(s) of

insurance and any renewals thereof shall be attached and are

incorporated herein by reference.

15. WORKERS' COMPENSATION.

15.1 By signing this agreement, the Contractor agrees, certifies and

warrants that the Contractor is in compliance with or exempt from,

the requirements of N.H. RSA chapter 281-A ("Workers'

Compensation ").

15.2 To the extent the Contractor is subject to the requirements of

N.H. RSA chapter 281-A, Contractor shall maintain, and require

any subcontractor or assignee to secure and maintain, payment of

Workers' Compensation in connection with activities which the

person proposes to undertake pursuant to this Agreement. The

Contractor shall furnish the Contracting Officer identified in block

1.9, or any successor, proof of Workers' Compensation in the

manner described in N.H. RSA chapter 281-A and any applicable

renewal(s) thereof, which shall be attached and are incorporated

herein by reference. The State shall not be responsible for payment

of any Workers' Compensation premiums or for any other claim or

benefit for Contractor, or any subcontractor or employee of

Contractor, which might arise imder applicable State of New

Hampshire Workers' Compensation laws in coimection with the

performance of the Services under this Agreement.

16. WAIVER OF BREACH. A State's failure to enforce its rights

with respect to any single or continuing breach of this Agreement

shall not act as a waiver of the right of the State to later enforce any

such rights or to enforce any other or any subsequent breach.

17. NOTICE. Any notice by a party hereto to the other party shall

be deemed to have been duly delivered or given at the time of

mailing by certified mail, postage prepaid, in a United States Post

Office addressed to the parties at the addresses given in blocks 1.2

and 1.4, herein.

18. AMENDMENT. This Agreement may be amended, waived or

discharged only by an instrument in writing signed by the parties

hereto and only after approval of such amendment, waiver or

discharge by the Governor and Executive Council of the State of

New Hampshire unless no such approval is required under the

circumstances pursuant to State law, rule or policy.

19. CHOICE OF LAW AND FORUM.

19.1 This Agreement shall be governed, interpreted and construed

in accordance with the laws of the State of New Hampshire except

where the Federal supremacy clause requires otherwise. The

wording used in this Agreement is the wording chosen by the

parties to express their mutual intent, and no rule of construction

shall be applied against or in favor of any party.

19.2 Any actions arising out of this Agreement, including the

breach or alleged breach thereof, may not be submitted to binding

arbitration, but must, instead, be brought and maintained in the

Merrimack County Superior Court of New Hampshire which shall

have exclusive jurisdiction thereof.

20. CONFLICTING TERMS. In the event of a conflict between

the terms of this P-37 form (as modified in EXHIBIT A) and any

other portion of this Agreement including any attachments thereto,

the terms of the P-37 (as modified in EXHIBIT A) shall control.

21. THIRD PARTIES. This Agreement is being entered into for

the sole benefit of the parties hereto, and nothing herein, express or

implied, is intended to or will confer any legal or equitable right,

benefit, or remedy of any nature upon any other person.

22. HEADINGS. The headings throughout the Agreement are for

reference purposes only, and the words contained therein shall in

no way be held to explain, modify, amplify or aid in the

interpretation, construction or meaning of the provisions of this

Agreement.

23. SPECIAL PROVISIONS. Additional or modifying

provisions set forth in the attached EXHIBIT A are incorporated

herein by reference.

24. FURTHER ASSURANCES. The Contractor, along with its

agents and affiliates, shall, at its own cost and expense, execute any

additional documents and take such further actions as may be

reasonably required to carry out the provisions of this Agreement

and give effect to the transactions contemplated hereby.

25. SEVERABILITV. In the event any of the provisions of this

Agreement are held by a court of competent jurisdiction to be

contrary to any state or federal law, the remaining provisions of

this Agreement will remain in full force and effect.

26. ENTIRE AGREEMENT. This Agreement, which may be

executed in a number of counterparts, each of which shall be

deemed an original, constitutes the entire agreement and

understanding between the parties, and supersedes all prior

agreements and understandings with respect to the subject matter

hereof.

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Exhibit A

Special Provisions

Funds paid under this agreement are from a Grant Agreement to the State from the NATIONAL FISH

AND WILDLIFE FOUNDATION through the AMERICA THE BEAUTIFUL CHALLENGE, which provides funding

from US Fish and Wildlife Service under CFDA # 15.669. All applicable requirements, regulations,

provisions, terms and conditions of this Federal Contract Agreement are hereby adopted in full force

and effect to the relationship between this Department and the Grantee.

Federal Funding Accountability and Transparency Act (FFATA). The Grantee shall comply with the

terms of the FFATA by providing NHDES with their Unique Entity Number (UEI), and all applicable

Executive Compensation Data information as required under the FFATA. The UEI is N9DWD7LLCQB1.

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Exhibit B

Scope of Services

Project Title: Cultural and Historic Resource Consulting Services for "Restoring New

Hampshire Salt Marshes Project"

Effective Period: Upon NH Governor and Council approval through 03/31/2028

Contract Amount: $100,000

Project Goal:

Under the suite of projects supported by the "Restoring NH Salt Marshes" grant (see Appei itliA A), the

NH Coastal Program (NHCP) will utilize funds from National Fish and Wildlife Foundation's (NFWF)

America the Beautiful Challenge (ATBC) grant program to comply with Section 106 of the National

Historic Preservation Act (NHPA) for the overall "Restoring NH Salt Marshes" grant award. To accomplish

these regulatory requirements, NHCP enacted a competitive procurement to hire a Section 106 - 36 CFR

61 qualified consultant for both Architectural History and Archeology to include pre-contact and post-

contact periods. After detailed review of the five proposals submitted, NHDES selected Northeast

Archaeology Research Center, Inc. (NEARC) as the most qualified firm to complete this Scope of Services.

In their bid, NEARC teamed with Harvey Research and Consulting (HRC) to expand their research

capacities in support of accomplishing this Scope of Service.

Work Items:

Northeast Archaeology Research Center, Inc. (NEARC), also referred to as the Contractor, is responsible

for performing Work Items 1-3 summarized below and as described in the original bid and revised

proposal, as listed below:

• "Response to Request for Bid - Cultural and Historic Resource Consulting Services for Restoring

New Hampshire Salt Marshes Project, Rockingham County," and dated May 2, 2025.

• "Updated Technical Proposal and Work Plan - Cultural and Historic Resource Consulting Services

for Restoring New Hampshire Salt Marshes Project, Rockingham County," and dated July 6,

2025.

TASK 1. Initiate Section 106 review

Timeframe: Upon Governor & Council approval through December 2025

Description: NEARC will participate in a Project Kick Off meeting and will support NHDES, as needed, for

initiating Section 106 review.

Task 1 Deliverables:

- Kick-off Meeting Notes

- Request for Project Review, prepared by NHDES and reviewed by NEARC, is submitted

by NHDES to NHDHR.

TASK 2. Prepare and Submit an Architecturai Survey Plan

Timeframe: Upon Governor & Council approval through December 2026

Description: NEARC will prepare the Architectural Survey Plan (ASP). The ASP will be comprised of two

parts, a confidential portion (Part 1) and a publicly accessible portion (Part 2). Part 1 will contain

locational information, an overview of objectives and goals; description and justification of the Areas of

Probable Effect (APE), including maps; survey plan methodology, tabular presentation of known

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architectural and archeologicai resources, and identification of consulting parties and stakeholders. Part

2 will include historical and architectural context of salt marsh, including pre- and post- contact context;

a summary of expected resource types, resource eligibility considerations, and recommendations on

best approaches for above and below ground projects requiring review. To accomplish the ASP, NEARC

will complete the following tasks:

Task 2.1 Background Research: NEARC and HRC will conduct background research for the ASP

with three main components. The first will identify agricultural history and uses; the second will

be focused on alterations to salt marshes during the 1930s; the third will focus on utilizing and

expanding upon the existing Salt Marsh Parcel Project to further understand patterns of deed

ownership.

Task 2.2 Field Inspections: NEARC and HRC will conduct site visits to each of the 3 principal salt

marsh areas at various seasons and tide conditions to assess and photograph the general setting

and notable features. NEARC and HRC will coordinate with NHDES for guidance on accessing the

sites. NEARC may undertake minimal subsurface investigations. Opportunities to include public

meetings within scheduled field inspection will be explored.

Task 2.3 Preparation of the ASP: NEARC and HRC will provide semi-annual updates to NHDES on

the status of the ASP. The ASP must be submitted as draft for a minimum of 1 month to enable

review and comment by NHDES, NHDHR, USFWS.

Task 2 Deliverables:

- Semi-annual updates on status of ASP

- Consulting Parties Identified

- APE defined for each site that requires it

- Draft ASP (Parts 1 and 2) available for review by NHDES, NHDHR, USFWS

- Final ASP (Parts 1 and 2)

TASK 3. Additional Consultation Services

Timeframe: January 1, 2026 through March 31, 2028

Description: Considering uncertainty of site specific assessment needs and limited budget available for

this contract, NEARC will work with NHDES, NHDHR, and USFWS to identify which of the following

additional consultation services should be prioritized and to determine the appropriate level of effort to

achieve compliance with Section 106 of the NHPA. NEARC will submit semi-annual reports to NHDES to

provide updates on the status of the contracted work.

Task 3.0 Deliverables

- Semi annual reports due January 31, 2026, June 30, 2026; January 31, 2027, June 30,

2027.

TASK 3.1 Development of Program Improvements: NEARC will work with partners to identify and

help to deploy program improvements. Improvements may include but are not limited to a

spreadsheet to catalog specific features; GIS-based maps, layers, and shapefiles. The exact scope

of services for this task will be further developed after the completion of the ASP.

Task 3.1 Deliverables:

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- Development and refinement of database elements to catalog attributes and features of

salt marsh cultural landscape.

TASK 3.2 Assessment of Effects Evaluations & inventory Forms: If requested by NHDHR, NEARC

and HRC w/ill work together to assess effects and include all immediate and reasonably

foreseeable effects to the property. Also, if requested by NHDHR, NEARC will prepare and

submit inventory forms for identified architectural resources/landscape resources. When

preparing assessment of effects and inventory forms, NEARC/HRC will conform to NHDHR

content, formatting and submittal standards.

Task 3.2 Deliverables/Outcome

- Assessment of Effects Evaluation prepared and submitted through EMMIT+

- Inventory Forms prepared and submitted through EMMIT+

TASK3.3. Additional Mitlgatlve Documents and Educational Materials: NEARC will develop

additional potential mitlgatlve documents, which may include but are not limited to interpretive

documents and other educational materials, such as press releases, newspaper articles, videos,

display, signage, and webpage content development. The text and graphics will be appropriate

for public dissemination. NEARC will also develop a presentation for future NHDES use as well as

present at least once during the project period.

Task 3.3 Deliverables:

- Educational materials

- PowerPoint presentation & other presentation materials

- (2) Presentation to Salt Marsh Task Force (online presentation, in-person presentation).

TASK3.4. Architectural and Archeologlcal Monitoring: NEARC will conduct architectural and/or

archeological monitoring at each of the restoration sites. Monitoring will include observation of

activities that may disturb or alter culturally sensitive locations or features, and record and

ideally mitigate the effects of these activities.

Task 3.4 Deliverables:

- Archeological monitoring work plan

- Memorandum report (draft and final)

TASK 3.5. Phase IB Archeologlcal Studies: NEARC will prepare a scope of work for Phase IB as

deemed appropriate. Phase IB scope work may include additional photo documentation,

mapping, and limited subsurface excavation. As described in the RFP, the project team does not

expect to expend significant effort on subsurface archaeological testing. Given the budget cap

for the project, if more intensive Phase IB investigations are warranted, it may be necessary to

forego another subtask under Task 3 in order to achieve the budget allowance.

Task 3.5 Deliverables:

- Phase IB scope of work

- Phase IB Report

Funding Credit and ADA Compliance

All final work produced and outreach materials shall provide funding credit to the New Hampshire

Department of Environmental Services and the NH Coastal Program. All final work products must meet

Contractor Initials

Date njO'V)

the applicable Americans with Disabilities Act (ADA) Title II Regulations to the extent practicable and

shall be guided by best practices outlined in the Revised Section 508 Standards of the Rehabilitation Act

and the Web Content Accessibility Guidelines (WCAG). At minimum, final work products shall include

sans-serif fonts, underlined and descriptive text links, color best practices, captions for audio and video

content, headers in tables, images with alt text, gender-neutral text, and consideration of the Plain

Writing Act. Examples of final work products and outreach materials include, but are not limited to,

project reports, press releases, newsletter articles, websites, videos and signage.

Contractor Initials ^ ^

Date

Exhibit C

Method of Payment and Contract Price

The State shall pay to the Contractor the total reimbursable program costs in accordance with

the following requirements:

Reimbursement requests for program costs shall be made by the Contractor using a payment

request form as supplied by the State, which shall be completed and signed by the Contractor.

The payment request form shall be accompanied by proper supporting documentation in the

amount of each requested disbursement. Documentation of reimbursable payments may

include invoices for supplies, equipment, services, contractual services, and a report of

personnel, travel and indirect costs. For projects that demonstrate progress solely through the

submission of interim progress reports, payments shall be made upon receipt and within 30

days of invoice, review and approval of the interim progress report and accompanying payment

request form. Payments shall be made to the Contractor no more frequently than monthly.

The total reimbursement shall not exceed the contract award of $100,000.

Contractor Initials ^ ^ ^

Date

state of New Hampshire

Department of State

CERTIFICATE

I, David M. Scanlan, Secretary of State of the State of New Hampshire, do hereby certify that NORTHEAST ARCHAEOLOGY

RESEARCH CENTER, INC. is a Maine Profit Corporation registered to transact business in New Hampshire on April 20, 2009.1

further certify that all fees and documents required by the Secretary of State's office have been received and is in good standing as

far as this office is concerned.

Business ID: 612487

Certificate Number: 0007259870

Sa-

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 18th day of August A.D. 2025.

David M. Scanlan

Secretary of State

CERTIFICATE OF AUTHORITY

I. Hutch McPheters, President of the Northeast ArchaeoloRV Research Center. Inc.. do

hereby certify that:

(1) I am the duly elected President:

(2) at the meeting held on 8/19/2025, Northeast Archaeology Research Center. Inc. voted to

accept DES funds and to enter into a contract with the Department of Environmental Services;

(3) the Northeast Archaeologv Research Center, inc. further authorized the Vice President to

execute any documents which may be necessary for this contract;

(4) this authorization has not been revoked, annulled, or amended in any manner whatsoever,

and remains in full force and effect as of the date hereof; and

(5) the following person has been appointed to and now occupies the office indicated in (3)

above:

Gemma Hudgell

Printed name of signatory

IN WITNESS WHEREOF, I have hereunto set my hand as the President of

the Northeast Archaeologv Research Center, Inc., this 19th day of August, 2025.

Signaturfof Certifying Officer

STATE OF Maine

County of Franklin li f i j

On this the 19th day of August, 2025, before me. the

undersigned officer, personally appeared Hutch McPhPeters who acknowledged

him/herself to be the President of the Northeast Archaeologv Research Center, Inc. being

authorized so to do,

executed the foregoing instrument for the purpose therein contained.

In witness whereof, I have set my hand and official seal.

(flotary Public Sign^re)

Commission Expiration Date:^(Seal) Megan GabouryNotary Public, State of Maine

My Commission Expires 4/6/2030

/KCOKD

NORTARC-01

CERTIFICATE OF LIABILITY INSURANCE

NTURCOTTE

DATE (MM/DD/YYYY)

8/13/2025

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES

BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED

REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on

this certificate does not confer rights to the certificate hoider in iieu of such endorsement(s).

PRODUCER

United insurance - Farmington

107 Church Street

Farmington, ME 04938

CONTACT

NAME:

rA!c,''NV Ext): (207) 778-5282 no): (207) 778-9453E-MAIL

ADDRESS:

INSURER(S) AFFORDING COVERAGE NAIC#

INSURER A:Acadia Insurance Companv 31325

INSURED

Northeast Archaeology Research Center

382 Fairbanks Road

Farmington, ME 04938

INSURERS:Maine Emplovers Mutual Insurance Co 11149

INSURER c: Hanovef Ins Co 22292

INSURER D:

INSURER E:

INSURER F:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD

INDICATED NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR

LTR TYPE OF INSURANCE

ADDL

INSD

SUBR

WVD POLICY NUMBER

POLICY EFF

(MM/DD/YYYYl

POLICY EXP

fMM/DDIYYYYl LIMITS

A X COMMERCIAL GE NERAL LIABILITY

E X OCCUR ADV5335791-17 2/25/2025 2/25/2026

EACH OCCURRENCE j 1,000,000

CLAIMS-MAC DAMAGE TO RENTED

PREMISES (Ea occurrence^

J 300,000

MED EXP (Any one person) J 10,000

PERSONAL & ADV INJURY J 1,000,000

CiPhi'l AnnRPr^ATF 1 IMIT APPLIES PER: GENERAL AGGREGATE J 2,000,000

POLICY J 1 1 LOO

OTHER:

PRODUCTS - COMP/OP AGG J 2,000,000

$

A AUTOMOBILE LIABILITY

CAA5335796-17 2/25/2025 2/25/2026

COMBINED SINGLE LIMIT

(Ea accident)

J 1,000,000

X

ANY AUTO BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

aIjT^S ONLY

X

X

SCHEDULED

AUTOS BODILY INJURY (Per accident) $

PROPERTY DAMAGE

(Per accident) $

$

A UMBRELLA UAB

EXCESS UAB

X OCCUR

CLAIMS-MADE ADV5335791-17 2/25/2025 2/25/2026

EACH OCCURRENCE, 1,000,000

AGGREGATE $

DEC RETENTION $

J 1,000,000

B WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY y j ^

ANY PROPRIETOR/PARTNER/EXECUTIVE 1 1

OFFICER/MEMBER EXCLUDED?

(Mandatory in NH) ' '

If yes, describe under

DESCRIPTION OF OPERATIONS below

N/A

1810090603 2/26/2025 2/26/2026

PER OTH-

STATUTE ER

E.L EACH ACCIDENT J 500,000

E.L. DISEASE EA EMPLOYEE

J 500,000

E.L DISEASE POLICY LIMIT J 500,000

C Professional Liablli LHPA249991 3/23/2025 3/23/2026 1,000,000

DESC:ripTION of operations / locations / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required)

state of New Hampshire

Department of Environmental Services

PO Box 95

Concord, NH 03302

1

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZE:d representative

u/uot<t

ACORD 25 (2016/03)

The ACORD name and logo are registered marks of ACORD

Attachment A

Procurement Process

The procurement process for this Agreement was conducted through a Request for Proposals

(RFP) that was advertised on the Department of Administrative Services website from April 4,

2025 to May 2, 2025 (# RFP-DES-2025-19). The RFP included a description of the proposed

scope-of-work, submittal requirements and selection criteria. Five proposals were received by

the May 2, 2025 deadline, which were subsequently reviewed, scored and ranked by a selection

committee comprised of personnel from NHDES, NFI Division of Historical Resources (NHDHR),

and United States Fish and Wildlife Service (USFWS). A scoring summary is provided in Table A-

1. A list of the selection committee members, along with their titles and level of experience is

provided below.

Table A-1. Scoring and Ranking Results

Selection Criteria

Maximum

Points

Northeast

Archeology

Research

Center, inc.

Nearview,

LLC

Hartgen

Archeoiogical

Associates,

Inc.

Kleinfelder

SWCA

Environmental

Consultants

Score Score Score Score Score

Understanding of the Project 10 9.8 8.3 8.8 7.8 6

Strength of Proposed Scope of Work 3S 31.1 27.1 27.6 21 17.S

Qualifications: Experience of Firm/ Team 20 18 19.5 17.S 14 13

Qualifications: Experience of Personnel 15 13.5 14.6 12.8 10.5 9.4

Project Schedule and Budget 20 14.5 15.5 15.3 13.5 8

TOTAL 100 86.9 85 82 66.7 S3.9

RANK 1 2 3 4 S

Selection Committee Members:

- Kevin Lucey - Habitat Coordinator, NHDES Coastal Program, 23 years of habitat

assessment and restoration work;

- Merissa Silva Robertson - Habitat Specialist, NHDES Coastal Program, 2 years of habitat

assessment and restoration work;

- Amy Wood - Regional Historic Preservation Officer, U.S. Fish and Wildlife Service,

Northeast Region, 25 years historic preservation/cultural resources management;

- Nadine Miller - Deputy State Historic Preservation Officer, NH Division of Historical

Resources/NH SHPO, 34 years in historic preservation/cultural resources management.