Governor and Executive Council Agenda item PDF - 2026-01-07 - agenda 42

Meeting Date

2026-01-07

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

42

Agency Names

Department Of Environmental Services

Parent Meeting Title

Governor and Executive Council meeting - 2026-01-07

The State of New Hampshire

/ Department of Environmental ServicNHDES

Robert R. Scott, Commissioner

JAW Q 7 2m

December 3, 2025

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the New Hampshire Department of Environmental Services (NHDES) to enter into a RETROACTIVE, SOLE

SOURCE amendment to the contract (PC #1087954) with Busby Construction Co., Inc., (VC #155275-8001) Atkinson, NH

for as-needed and emergency earthworks repair services for the Winnipesaukee River Basin Program (WRBP) by

increasing the contract amount by $450,000 to $747,000 from $297,000 and extending the contract completion date from

June 30, 2025 to June 30, 2028, effective as of July 1, 2025 through June 30, 2028 upon Governor and Council approval.

The original contract was approved by the Governor and Council on July 27, 2022, Item No. 72. 100% WRBP Funds.

Funding is available in account as follows, with the authority to adjust encumbrances in each of the State fiscal years

though the Budget Office, if needed and justified. Funding for FY28 is contingent upon the availability and continued

appropriation of funds.

FY26 FY27 FY28

$150,000 $150,000 $150,000

03-44-44-442010-1300-048-500226

Dept. Environmental Services, Winnipesaukee River Basin, Contractual Repairs-Buildings & Grounds

EXPLANATION

Approval of this amendment will authorize Busby Construction Co., Inc. (Busby) to continue to provide as-needed and

emergency earthwork repair services in support of the compliant operations and maintenance of the WRBP infrastructure

located in the Lakes Region. This is a Retroactive amendment since the original contract expired during negotiations

with Busby so necessary paperwork was not provided in a timely fashion. This is a Sole Source request since the amount

of the amendment is greater than 10 percent of the original contract price limitation. The amendment allows the

continued timely provision of these specialty services from a qualified, capable, local firm. $236,036 of the original

$297,000 contract has been expended.

The WRBP owns and operates the wastewater collection and treatment system serving the communities of

Moultonborough, Center Harbor, Meredith, Gilford, Laconia, Sanbornton, Belmont, Tilton, Northfield, and Franklin. The

system includes 14 pumping stations, approximately 65 miles of interceptor sewer and the wastewater treatment plant

in Franklin. The system was constructed in the late 1970's and has no tolerance for failures or interruption in service.

Having a contract for as-needed and emergency earthwork services expedites necessary repairs and emergency

responses and reduces the need for retroactive requests for payment of such services. These tasks cannot be

completed by NHDES staff because a broad variety of specialty experience and equipment is required for this type of

work.

DBS Web Site: www.des.nh.gov

P.O. Box 95,29 Hazen Drive, Concord, New Hampshire 03302-0095

Telephone: (603)271-3449 Fax:(603)271-2867 TDD Access: Relay NH 1-800

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

Page 2

The work to be completed under this amendment may involve, but is not limited to, repairs to roadways, rail crossings,

culverts, drainage swales, right of ways, and forcemains and gravity interceptor sewers which range in size from 8-60

inches. There may also be projects for which services may be required relating to other buildings and structures within

the WRBP system (ex. valve vaults, siphons, river crossings, etc.). Timely responses to sanitary sewer overflows or

other emergencies are also part of this contract amendment, and Busby has been the only firm effectively responding

in the last five-plus years to such events; being very experienced in repairing sewer infrastructure.

Note that all operating costs of the WRBP are billed back to the users of the facilities, as provided in RSA 485-A:50. There

is no General Fund contribution to the WRBP operation. Busby updated their billing rates for Amendment 1 on the

attached Exhibit C for FY26-28. The WRBP deems these rates to be reasonable and customary for such work. Each as-

needed task scope and budget are negotiated priorto work being authorized. No cost is incurred unless the WRBP requests

services.

This amendment has been approved by the Department of Justice as to form, substance, and execution.

We respectfully request your approval of this item.

Robert R. Scott, doommissioner

New Hampshire Department of Environmental Services

Busby Construction Co., Inc.

Amendment No. 1

This Agreement (hereinafter called the "Amendment #1") is by and between the State of New

Hampshire acting by and through its Department of Environmental Services, Water Division

(hereinafter referred to as the "State") and Busby Construction Co., Inc. (hereinafter referred to

as the Busby).

WHEREAS, pursuant to an agreement (hereinafter called the "Agreement") approved by the

Governor and Council on July 27, 2022, Item No. 72, Busby agreed to perform certain services

under the terms and conditions specified in the Agreement and in consideration of payment by

the State of certain sums specified herein; and

WHEREAS, pursuant to the provisions of paragraph 18 of the Agreement, the Agreement may be

amended, waived or discharged only by written instrument executed by the parties thereto; and

WHEREAS, Busby and the State have agreed to retroactively amend the Agreement in certain

respects.

NOW THEREFORE, in consideration of the foregoing, and the covenants and conditions contained

in the Agreement and set forth herein, the parties hereto do hereby agree as follows:

1. Amendment and Modification of Agreement

The Agreement is hereby amended as follows:

A. The price limitation governing the Agreement as set forth in the Agreement (line 1.8 of

the General Provisions) and as referenced in Amendment 1 - Exhibit C, Costs and Terms

of Payment shall be increased by $450,000 from $297,000 to $747,000.

B. The completion date of the Agreement is modified to June 30, 2028 from June 30, 2025.

2. Effective Date of Amendment

This Amendment shall take effect upon the date of approval of this Amendment by the

Governor and Executive Council of the State of New Hampshire.

3. Continuation of Agreement

Except as specifically amended and modified by the terms and conditions of this Amendment,

the Agreement and the obligations of the parties thereunder, shall remain in full force and

effect with the terms and conditions set forth.

IN WITNESS WHEREOF, the parties set their hands as of the day and year first written below.

THE STATE OF NEW HAMPSHIRE

Department of Environmental Servi

DATE

Robert R. Scott, Commissioner

■ /z/j'Ar

New Hampshire Department of Environmental Services

Busby Construction Co., Inc.

Amendment No. 1

Busbv Construction Co.. Inc.

By:.

Paul Busby, President

DATE: JjJiL/

Approval bv ATTORNEY GENERAL (Form. Substance and Execution):

Assistant Attorney General Signature

LovodWJ

i2Vta/a^S

Date

Approved bv the GOVERNOR and COUIMCIL this day of. 2025

AMENDMENT 1 - EXHIBIT C

PRICE AND PAYMENTS

FY25 for Reference Balance of FY26

1} Staff & Equipment Cost (Hourly Rates):

Excavator w/ Operator - full size w/ 25 ft digging depth

Excavator w/ operator (Midi class)

Loader w/ Operator (Medium class)

Dozer (Medium class)

Laborer

Foreman or Supervisor

Please include alternative sizes and types of equipment

Other (specify those with hourly rates)

Compactor, roller

Compactor, vibration

4-wheel rubber tired backhoe

Excavator, rubber tired

Tri-axle Dump Truck w/ Driver (8 cy min.)

Mini Excavator

2) Other Equipment Costs (specify hourly or daily rates):

Trench box (Daily Rate) 6x20 trench box

Pump for dewatering excavation/trench Daily rate

Plates - per each 8x20 (Per Job)

Skid Steer w/ Daily Rate

3) Materials & Services (Enter % markup over cost):

Sand and Gravel, per cubic yard

Riprap stone, per cubic yard

Pipe & Fittings

Please include other materials and services (Enter % markup over cost):

Other materials (specify):

Other materials (specify);

Other services (specify);

Other services (specify);

Other services (specify);

Other services (specify);

Other services (specify):

Loam

Aggregates

paving subcontractor

equipment rental

Raising manholes

Flaggers

Signs & Warning Devices for Traffic Control

4) Equipment Haul/Mob/DemobA ravel

Travel Costs (Per mile charge):

Equipment Haul, if not included in 1) above - per machine delivered

Mobilization/Demobilization, if not included in 1) above - per/mob

5) Other Supplies (Enter % markup over cost):

For all supplies (% markup, if any)

Pf Price Limitation:

FY26-28 Total Contract Price Limitation:

6) Non-emergency Response Timeframe (calendar days)

Busbv Construction Co.. Inc.

Company Name

FY28

S230.00 $ 235.00 $ 245.00 $ 255.00

S^os.nn $ 210.00 $ 220.00 $ 230.00

S160.00 $ 165.00 $ 170.00 $ 175.00

S190.00 $ 195.00 S 200.00 $ 205.00

S50.00 $ 55.00 $ 60.00 $ 65.00

$95.00 $ 100.00 $ 105.00 $ 110.00

$95.00 $ 100.00 $ 105.00 $ 110.00

$35.00 $ 40.00 $ 45.00 $ 50.00

$140.00 $ 145.00 $ 150.00 $ 155.00

$175.00 $ 175.00 $ 185.00 $ 195.00

$120.00 $ 125.00 $ 130.00 $ 135.00

$130.00 $ 135.00 $ 140.00 $ 145.00

$300.00 $ 300.00 $ 315.00 $ 330.00

$250.00 $ 250.00 $ 260.00 $ 270.00

$300.00 $ 300.00 $ 315.00 $ 330.00

$900.00 $ 900.00 $ 950.00 $ 1,000.00

15% $ 15.00 $ 15.00 $ 15.00

15% $ 15.00 $ 15.00 $ 15.00

15% $ 15.00 $ 15.00 $ 15.00

15% $ 15.00 $ 15.00 $ 15.00

15% $ 15.00 $ 15.00 $ 15.00

10% $ 10.00 $ 10.00 $ 10.00

15% $ 15.00 $ 15.00 $ 15.00

15% $ 15.00 $ 15.00 $ 15.00

10% $ 10.00 $ 10.00 $ 10.00

15% $ 15.00 $ 15.00 $ 15.00

$7.00 $ 7.00 $ 7.50 $ 8.00

$700.00 $ 700.00 $ 775.00 $ 850.00

$1,700.00 $ 1,700.00 $ 1,800.00 $ 1,900.00

15% $ 15.00 $ 15.00 $ 15.00

$150,000 $150,000 S150.000

$450,000

1-7 dgys

Notes:

(1) Contractor to be paid within thirty (30) days of submission of invoice at satisfactory completion of work. Approval of this contract does not authorize any expenditure over

the price limitation.

EXHIBIT C-

Contractor Initials

Date

<!as.

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 BUSBY CONSTRUCTION CO.,

INC. is a New Hampshire Profit Corporation registered to transact business in New Hampshire on August 02, 1979.1 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: 5783

Certificate Number: 0007266352

%

1

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 28th day of August A.D. 2025.

David M. Scanlan

Secretary of State

BUSBY CONSTRUCTION CO., INC. 71 ROUTE 111

ATKINSON, NH 03811

(603) 898-4800

FAX (603) 898-4808

Corporate Resolution

I, Virginia A. Busbv. hereby certify that I am duly elected Clerk/Secretary of Busbv Construction

(Name) (Name of Corporation)

Co.. Inc. ■ I hereby certify the following is a true copy of a vote taken at a meeting of the Board

of Directors/shareholders, duly called and held on January 6. 2025 at which a quorum of the

Directors/shareholders were present and voting.

VOTED: That Paul D. Busbv. President is duly authorized to enter into contracts or

(Name and Title)

agreements on behalf of Busbv Construction Co.. Inc. with the State of New Hampshire D.E.S. and

(Name of Corporation)

any of its agencies or departments and further is authorized to execute any documents which may in

his judgment be desirable or necessary to effect the purpose of this vote.

I hereby certify that said vote has not been amended or repealed and remains in full force and

effect as of the date of the contract to which this certificate is attached. I further certify that it is

understood that the State of New Hampshire D.E.S. will rely on this certificate as evidence that the

person listed above currently occupies the position indicated and that they have full authority to bind

the corporation. To the extent that there are any limits on the authority of any listed individual to

bind the corporation in contracts with the State of New Hampshire, all such limitations are expressly

stated herein.

DATED: November 11. 2025 ATTEST: _

A (Name and Titie^

A.CORO> CERTIFICATE OF LIABILITY INSURANCE

DATE (MM/DD/YYYY)

11/11/2025

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 COVEFtAGE 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(les) 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 holder In lieu of such endorsement(s).

PRODUCER

Arthur J. Gallagher Risk Management Services, LLC

45 Constitution Ave P.O. Box 511

Concord NH 03301

License#: 0D69293

NAME**^^ Donna Bickford

Ta^^^'no Extv 800-238-3840 noI: 603-224-8012

AiJDREss: donna bickford@aiq.com

INSURER(S) affording COVERAGE NAIC#

INSURER A Firemens Insurance Company of WA, D.C. 21784

INSURED BUSBCON-01

Busby Construction Co., Inc.

71 Route 111

Atkinson NH 03811

INSURER B Acadia Insurance Company 31325

INSURER C Charter Oak Fire Insurance Company 25615

INSURER D

INSURER E

INSURER F

COVERAGES CERTIFICATE NUMBER; 1403230041 REVISION NUMBER:

THIS !S 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 CONTRACT OR 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/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

A X COMMERCIAL GE.NERAL LIABILITY

DE 1 ^ 1 OCCUR

CPA1500894-35 6/7/2025 6/7/2026 EACH OCCURRENCE $1,000,000

CLAIMS-MAC

DAMAGE TO RENTED

PREMISES (Ea occurrence) $300,000

MED EXP (Any one person) $10,000

PERSONAL & ADV INJURY $1,000,000

GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000

POLICY \_^ jEcf LAJ LOC

OTHER:

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

$

A AUTOMOBILE LIABILITY CAA150089536 6/7/2025 6/7/2026 COMBINED SINGLE LIMIT

(Ea accident) $1,000,000

X ANY AUTO

HEDULED

TOS)N-OWNED

TOS ONLY

BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

HIRED

AUTOS ONLY

SC

Al

BODILY INJURY (Per accident)$

NC

Al

PROPERTY DAMAGE

(Per accident) $

$

B X UMBRELLA LIAB

EXCESS LIAB

X OCCUR

CLAIMS-MADE

CUA150089636 6/7/2025 6/7/2026 EACH OCCURRENCE $5,000,000

AGGREGATE $5,000,000

DED ^ RETENTION $n P/CO aggregate $5,000,000

A WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY y / N

ANYPROPRIETOR/PARTNER/EXECUTIVE rrn

OFFICER/MEMBEREXCLUDED?

(Mandatory In NH) ' '

If yes, describe under

DESCRIPTION OF OPERATIONS below

HI A

WPA150089737 6/712025 6/7/2026 Y PER Y OTH-

^ STATUTE ^ ER 3A: NH MA ME

E.L. EACH ACCIDENT $1,000,000

E.L. DISEASE - EA EMPLOYEE $1,000,000

E.L. DISEASE - POLICY LIMIT $1,000,000

C Leased/Rented Equip-ACV QT660B1428251COF25 6/7/2025 6/7/2026 LIMIT:

DEDUCTIBLE:

1,200,000

1,000

DESCRIPTION OF OPERATIONS / LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required)

RE: As needed or emergency earthworks repair services. Covering operations of the insured during the policy period. Following applies when required by

written contract with the named insured: NH Department of Environmental Services-WRBP & owner are Included as add'l insureds (ongoing and completed

operations) on all liability policies except workers comp on a primary non-contributory basis. Waiver in favor of A! applies except where prohibited by law.

state of NH

Dept of Environmental Services

WRBP Franklin WWTP

528 River St

P.O. Box 68

Franklin NH 03235

1 United States

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE

ACORD 25 (2016/03)

© 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD