Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 5

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

5

Agency Names

Department Of Justice

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

The State of New Hampshire

NHDES Department of Environmental Services

Robert R. Scott, Commissioner

February 23, 2026 |y|A|^ 2 5 2026

m

His 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 amend an existing contract (PO#

1103386 & PO# 7003806) with Kingsbury Companies, LLC, Middlesex, VT (VC# 269022-B001), for

construction services for the rehabilitation of Little Bog Pond Dam and Lower Trio Pond Dam in Odell, NH,

by extending the completion date to December 31,2026 from July 25,2026, effective upon Governor and

Council approval. The original agreement was approved by the Governor and Council on October 30, 2024

as Item# 70. This is a no cost time extension. Funding is 41.9% American Rescue Plan Act (ARPA) Funds,

and 58.1% Capital (General) Funds. This is an allowable use of ARP FRF funds under Section 602 (c)(1)(D)

to make necessary investments in general government services.

EXPLANATION

Little Bog Pond Dam and Lower Trio Pond Dam are located in the Nash Stream Forest, the access to which

was closed in early December of 2025 to vehicle traffic, including construction and materials vehicles, and

will not open again for such traffic until late May. Certain elements of the construction project that were

originally planned for completion by the end of the 2025 construction season, including additional

concrete pours and associated earthwork at Little Bog Pond Dam and installation of a bridge along the

access road to Lower Trio Dam, cannot be started until late May of 2026. Because of this delay, more time

will be needed to complete the work than the current contract allows.

NHDES wishes to execute an amendment to the Agreement to provide a no-cost extension of the

completion date of the Agreement to December 31, 2026 from July 25, 2026, effective upon Governor

and Council approval, to allow for completion of construction.

Kingsbury Companies, LLC, has agreed to extend the current Agreement. To date, $3,619,195.23 has been

spent from the $5,273,540.00 contract.

This amendment has been approved by the Attorney General's Office as to form, substance and execution.

We respectfully request your approval.

Robert R. Scott, Commissioner

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

AMENDMENT#!

TO

AGREEMENT

BETWEEN THE

NEW HAMPSHIRE DEPARTMENT OF ENVIRONMENTAL SERVICES

AND

KINGSBURY COMPANIES, LLC

CONSTRUCTION SERVICES - LITTLE BOG POND DAM & LOWER TRIO POND DAM. ODELL NH

WHEREAS the State of New Hampshire Department of Environmental Services ("NHDES") has entered into an

Agreement with Kingsbury Companies, LLC (the "Contractor") in the amount of $5,273,540 for construction

services for the reconstruction of Little Bog Pond Dam and Lower Trio Pond Dam in Odell, NH, through July 25,

2026, which was approved by Governor and Council on October 30, 2024, as Item #70.

WHEREAS Little Bog Pond Dam and Lower Trio Pond Dam are located in the Nash Stream Forest, the access to

which closed in early December of 2025 and will not open again until late May of 2026.

WHEREAS certain elements of the construction project cannot be started until late May of 2026, and more time

is needed to complete the work than the current contract end date allows for.

WHEREAS NHDES wishes to execute an Amendment to the Agreement to provide a no-cost extension of the

completion date of the Agreement to December 31, 2026 from July 25, 2026, upon Governor & Council

approval, to allow for completion of construction.

WHEREAS Kingsbury Companies, LLC, has agreed to extend the current Agreement.

NOW THEREFORE, amend the original Agreement as amended between NHDES and Kingsbury Companies, LLC

as approved by Governor and Council on October 30, 2024, as Item #70 in the following manner:

Change section 1.7 (Completion Date) in the General Provisions of the Agreement to read: December 31. 2026.

All other conditions outlined in the contract shall remain in effect.

2/iy/u

tobert R. Scott, Commissioner Date ^TravisV. Kingsbu?V)\President Date

Department of Environmental Services Kings6ury,ConTQa«Tes, LLC

Assistant Attorney General Date

Department of Justice

as to form, substance and execution

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 KINGSBURY COMPANIES,

LLC is a Vermont Limited Liability Company registered to do business in New Hampshire as KCOS NH on April 09, 2012.1

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; and the attached is a true copy of the list of documents on file in this office.

Business ID: 669037

Certificate Number: 0007793159

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5?la-

fe)

A

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 16th day of February A.D. 2026.

David M. Scanlan

Secretary of State

CERTIFICATE OF AUTHORITY/VOTE

(Limited Liability Company)

(Name of Sole Member/l^nager of [limited Liability Company, <Liability Company, Contract Signatory - Print Name), hereby certify that:

1. I am the Sole Member/Manager of the Company of

(Name of Limited Liability Company)

2. I hereby further certify and acknowledge that the State of New Hampshire will rely on this certification as

evidence that I have full authority to bind

(Name of Limited Liability Company)

and that no corporate resolution, shareholder vote, or other document or action is necessary to grant me such

authority.

Signatory - Signature)

-ZWlrlZLI (Date)

STATE OF

COUNTY OF

On this the IT day of 2oZ>{a. before me(Day) (Month) (Yr) (Name of Notary Public / Justice of the Peace)

the undersigned officer, personally appeared, known to me (or

(Contract Signatory - Print Name)

satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged

that he/she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand

and official seal.

(NOTARY SEAL)

(Notary Public / Justice of the Peace -Signature)

Commission Expires: [

^ • » to—

\ A

\ ^8L\^ /

yACOKCf CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

2/17/2026

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 policy(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 riqhts to the certificate holder in lieu of such endorsement(s).

PRODUCER

Digital Insurance LLC- Rutland, VT

98 Merchants Row

Rutland, VT 05701

CONTACT

NAMF:

SVExt): (802) 775-2311 w, NO): (802) 775-8246

E-MAIL

AnnRPSfi-

INSURER(S) AFFORDING COVERAGE NAIC#

INSURER A:CNA Insurance Companv Group

INSURED

Kingsbury Companies LLC

Kingsbury Construction Co

58 Center Road

Middlesex, VT 05602

INSURER B: Nautllus Insutance Companv 17370

INSURER 0:

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 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)NVD POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POUCY EXP

(MM/DD/YYYY) LIMITS

A X COMMERCIAL GENERAL LIABILITY

X 7063492464 1/1/2026 1/1/2027

EACH OCCURRENCE j 1,000,000

CLAIMS-MAC E X OCCUR DAMAGE TO RENTED

PREMISES (Ea occurrence)

j 100,000

MED EXP (Anv one person) $ "15,000

PERSONAL & ADV INJURY j 1,000,000

r^PM-l Ar^nRFfiATF 1 IMIT APPI IPS PFR: GENERAL AGGREGATE, 2,000,000

POLICY LOC

OTHER:

PRODUCTS - COMP/OP AGG 2,000,000

$

A AUTOMOBILE LIABILITY

7063492447 1/1/2026 1/1/2027

COMBINED SINGLE LIMIT

fEa accident)

3 1,000,000

JC_ANY AUTO BODILY INJURY (Per person) $

OWNED

AUTOS ONLY

AlJT^S ONLY

SCHEDULED

AUTOS BODILY INJURY (Per accident) $

PROPERTY DAMAGE

(Per accident) $

$

A

X

UMBRELLA LIAS

EXCESS LIAB

X OCCUR

CLAIMS-MADE 7063492433 1/1/2026 1/1/2027

EACH OCCURRENCE

J 5,000,000

AGGREGATE 3 5,000,000

DEC X RETENTIONS 10,000 s

A WORKERS COMPENSATION

AND EMPLOYERS'LIABILITY y/N

ANY PROPRIETOR/PARTNER/EXECUTIVE

OFFICER/MEMBER EXCLUDED? N(Mandatory In NH)

If yes, describe under

DESCRIPTION OF OPERATIONS below

N/A

7063492450 1/1/2026 1/1/2027

Y PER OTH-

^ STATUTE ER

E.L. EACH ACCIDENT 3 1,000,000

E.L. DISEASE EA EMPLOYEE 3 1,000,000

E L DISEASE POLICY LIMIT 3 1,000,000

B Pollution Liability CPP2034465-14 4/7/2025 4/7/2026 Limit 2,000,000

DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Addlllonal Remarks Schedule, may be aHached If more space is required)

Workers Compensation Statutory Coverage applies in MA, NH, NY and VT. No excluded officers.

The New Hampshire Department of Environmental Services and GEI Consultants, Inc are named additional Insureds with respect to general liability when

required In written contract RE: Little Bog Pond Dam and Lower Trio Pond Dam Reconstruction Project NHDES #D185003 & #0185002

The New Hampshire Department of Environmental Services

29 Hazen Drive

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.

AUTHOR)ZED REPRESENTATIVE

ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD