Governor and Executive Council Agenda item PDF - 2026-03-25 - agenda 7

Meeting Date

2026-03-25

Attachment Kind Label

Agenda item PDF

Attachment Relation

primary_meeting_attachment

Agenda Numbers

7

Agency Names

Department Of Transportation

Parent Meeting Title

Governor and Executive Council meeting - 2026-03-25

John O. Morton Building · 7 Hazen Drive · P.O. Box 483 · Concord, New Hampshire 03302-0483

Telephone: (603) 271-3734 · Fax: (603) 271-3914 · TDD: Relay NH 1-800-735-2964 · dot.nh.gov

The State of New Hampshire

Department of Transportation

David Rodrigue, P.E.

Commissioner

Michelle L. Winters

Deputy Commissioner

Her Excellency, Governor Kelly A. Ayotte

and the Honorable Council

Bureau of Highway Design

March 5, 2026

State House

Concord, New Hampshire 03301

REQUESTED ACTION

Authorize the Department of Transportation to retroactively amend Contract #4013402 with

CHA Consulting Inc., Keene, New Hampshire, Vendor #221991, for improvements to NH Route

101 in the City of Keene (Project #41590), by extending the completion date from February 28,

2026, to December 31, 2026, effective upon Governor and Council approval. The original

Agreement was approved by Governor and Council on February 22, 2023, Item #29. Time

extension only, no additional funding is required.

EXPLANATION

On February 22, 2023, the Governor and Council authorized the original agreement (Item #29)

in the amount of $1,655,470.43 for rehabilitation and intersection improvements along Route

101 in Keene. The objective of this project is to improve roadway and bridge conditions along

NH Route 101 and Swanzey Factory Road. Frequent pavement repairs are required due to

failing of the underlying concrete slab, which will be removed. Furthermore, safety challenges

will be addressed at the intersection with Swanzey Factory Road as frequent crashes occur at

this location. Also, the NH Route 101 bridge, which crosses the Branch River, is on the State’s

Red List, has been deemed structurally deficient, and will be replaced.

Retroactive approval of the contract extension is requested due to unexpected delays

encountered during review processes external to the Department of Transportation, which

extended the time required to complete contract adjustments. The purpose of the time extension

amendment is to allow the consultant ample time to plan and prepare for the required Public

Hearing, projected for early Spring 2026, and completion of NEPA updates immediately following

the Hearing. Work on the project is approximately 89% complete, and of the original

$1,655,470.43 amount for this contract, there is a balance of approximately $383,185 remaining

(100% Federal Funds).

This time extension amendment has been approved by the Attorney General to form and

execution. The Department has verified that the necessary funds are available. Copies of the

fully executed Agreement are on file at the Secretary of State's Office and the Department of

Administrative Services, and subsequent to Governor and Council approval will be on file at the

Department of Transportation.

March 25, 2026

7

The Department of Transportation has determined that the Consultant is in good standing with

the Secretary of State’s Office, has secured the required levels of insurance, and has provided

evidence of authority to execute and be bound by the contract. Documents supporting these

assertions are available at the agency, for review upon request.

It is respectfully requested that authority be given to amend this Agreement for consulting

services as outlined above.

Sincerely,

David M. Rodrigue, P.E.

Commissioner

Attachments

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD, NEW HAMPSHIRE 03302-0483

TELEPHONE: (603) 271-3734 • FAX: (603) 271-3914 • TDD: RELAY NH 1-800-735-2964 • DOT.NH.GOV

THE STATE OF NEW HAMPSHIRE

DEPARTMENT OF TRANSPORTATION

William Cass, P.E.

Commissioner

David Rodrigue, P.E.

Assistant Commissioner

Michelle L. Winters

Deputy Commissioner

KEENE Bureau of Highway Design

X-A004(686) Room 200

41590 Tel. (603) 271-2165

Time Extension Amendment

(Agreement Dated DECEMBER 15, 2022, Contract No. 4013402)

November 3, 2025

Mr. Robert Faulkner

Vice President

CHA Companies

11 King Court

Keene, NH 03431-4648

Dear Mr. Faulkner:

This letter amends Article I, Section H (Date of Completion) in the above-referenced Agreement. The original and

amended dates are as follows:

Original Completion Date FEBRUARY 28, 2026

By this letter, amended to DECEMBER 31, 2026

This no-additional-cost change order for the extension is as requested by your letter dated OCTOBER 10, 2025.

This amendment becomes effective upon approval by the Governor and Council.

Sincerely,

David S. Smith, P.E.

Project Manager

Approved: Tobey L. Reynolds, P.E.

Director of Project Development

We concur in the above Amendment.

CHA CONSULTING, INC.

By:

Title:

DSS/kgm

Robert J Faulkner, PE

Vice President

AGREEMENT AMENDMENT

KEENE, X-A004(686), 41590

CHA CONSULTING, INC.

Consultant

By: By:

Project Manager (Title)

11/10/202511/10/2025Dated: Dated:

Department of Transportation

WITNESS TO THE STATE OF NEW HAMPSHIRE SHIRE

By: By:

Dated: Dated:

Attorney General

Dated:

Secretary of State

approved this amendedCOUNCIL on

Attest:Dated:

By:

Secretary of State

JOHN O. MORTON BUILDING • 7 HAZEN DRIVE • P.O. BOX 483 • CONCORD. NEW HAMPSHIRE 03302-0483

TELEPHONE: 603-271-3734 • FAX: 603-271-3914 • TDD: RELAY NH 1-800-735-2964 • INTERNET: WWW.NHDOT.COM

IN WITNESS WHEREOF the parties hereto have executed this amended AGREEMENT on the day and year first above

written.

This is to certify that the above-amended AGREEMENT has been reviewed by this office and is approved as to form and

execution.

This is to certify that the GOVERNOR AND

AGREEMENT.

V// Cc^ ys*

DOT COMMISSIONER

CONSULTAI^T^

Vice President

WITNESS TO TE~

Moshier,

Ellen

Assrsfant Attorney General

HE CONSULTANT

Digitally signed by Moshier. Ellon

DN: cn=Moshier. Ellen. ou=NO-

NMA96.

email=EMoshier@chasolulions.com

Date: 2025.1 l.llTlSJS. 19-OS'OO'

THE

Attachment A DEI Acknowledgement - Keene 41590

Firm acknowledged:

Department acknowledged://A a

(initials)

The State and the Consultant acknowledge that R.SA Chapter 21-1 and Executive Order 14173 of

January 21, 2025, place prohibitions on DEI initiatives and activities. To the extent any provision

in this Contract conflicts with any applicable state or federal law, such provision is null and void.

4L

(initials)

2/13/26

(date)

(date)

Attachment B - Keene 41590

CONFIRMATION OF INSURANCE COVERAGE, ContractorPrint Name:

Signature:

Date:, Department of TransportationPrint Name:

Signature:

Date:

The parties hereby acknowledge that CHA Consulting, Inc. (the ’’Contractor”) possesses

a professional liability insurance policy where coverage is provided on a “claims-made” basis.

Article IV, Part 3.a.3 of this Contract provides that, for such a policy, “the period to report claims

shall extend for not less than three years from the date of substantial completion of the

construction contract.” The Contractor’s insurance policy does not carry a three-year reporting

period because its insurance is renewed on an annual basis. The parties agree that this coverage is

sufficient under the Contract, provided that the Contractor annually renews its coverage (or

obtain equivalent or greater coverage from another insurer) in an amount not less than that

provided by Article IV, Part 3.a.3 for at least three years from the date of substantial completion

of the Contract.

Rob^Mp J 1 kner

/Pr^ident

/2/i3//e

The ACORD name and logo are registered marks of ACORD

CERTIFICATE HOLDER

© 1988-2014 ACORD CORPORATION. All rights reserved.

ACORD 25 (2014/01)

AUTHORIZED REPRESENTATIVE

CANCELLATION

DATE (MM/DD/YYYY)

CERTIFICATE OF LIABILITY INSURANCE

LOCJECT

PRO-POLICY

GEN'L AGGREGATE LIMIT APPLIES PER:

OCCURCLAIMS-MADE

COMMERCIAL GENERAL LIABILITY

PREMISES (Ea occurrence) $

DAMAGE TO RENTED

EACH OCCURRENCE $

MED EXP (Any one person) $

PERSONAL & ADV INJURY $

GENERAL AGGREGATE $

PRODUCTS - COMP/OP AGG $

$RETENTIONDED

CLAIMS-MADE

OCCUR

$

AGGREGATE $

EACH OCCURRENCE $UMBRELLA LIAB

EXCESS LIAB

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

INSR

LTR TYPE OF INSURANCE POLICY NUMBER

POLICY EFF

(MM/DD/YYYY)

POLICY EXP

(MM/DD/YYYY) LIMITS

PER

STATUTE

OTH-

ER

E.L. EACH ACCIDENT

E.L. DISEASE - EA EMPLOYEE

E.L. DISEASE - POLICY LIMIT

$

$

$

ANY PROPRIETOR/PARTNER/EXECUTIVE

If yes, describe under

DESCRIPTION OF OPERATIONS below

(Mandatory in NH)

OFFICER/MEMBER EXCLUDED?

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY Y / N

AUTOMOBILE LIABILITY

ANY AUTO

ALL OWNED SCHEDULED

HIRED AUTOS

NON-OWNED

AUTOS AUTOS

AUTOS

COMBINED SINGLE LIMIT

BODILY INJURY (Per person)

BODILY INJURY (Per accident)

PROPERTY DAMAGE $

$

$

$

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.

INSD

ADDL

WVD

SUBR

N / A

$

$

(Ea accident)

(Per accident)

OTHER:

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 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).

COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

INSURED

PHONE

(A/C, No, Ext):

PRODUCER

ADDRESS:

E-MAIL

FAX

(A/C, No):

CONTACT

NAME:

NAIC #

INSURER A:

INSURER B:

INSURER C:

INSURER D:

INSURER E:

INSURER F:

INSURER(S) AFFORDING COVERAGE

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

ACCORDANCE WITH THE POLICY PROVISIONS.

11/10/2025

Ames & Gough

859 Willard Street

Suite 320

Quincy MA 02169

617-328-6555

617-328-6555

boston@amesgough.com

Berkshire Hathaway Specialty Insurance Company

22276

CHAHOLDING

Phoenix Insurance Company A++, XV

25623

CHA Consulting, Inc.

3 Winners Circle

Albany, NY 12205

Travelers Indemnity Company, A++, XV

25658

Charter Oak Fire Insurance Company A++ (XV)

25615

1837210147

B

X

1,000,000

X

500,000

15,000

1,000,000

2,000,000

X

X

X

Y

630-7E170386

8/1/2025

8/1/2026

2,000,000

B

1,000,000

X

X

X

Y

810-4S407410

8/1/2025

8/1/2026

C

X

X

15,000,000

10,000

Y

CUP-4S539836

X

15,000,000

8/1/2025

8/1/2026

D

N

UB-4S429322

8/1/2025

8/1/2026

X

1,000,000

1,000,000

1,000,000

A

Professional Liability

& Pollution

47-EPP-308429-07

8/1/2025

8/1/2026

Per Claim Limit

Aggregate Limit

$6,000,000

$10,000,000

If AI box is checked, GL Endorsement Form #CGD604, Auto AI #CAT499 to the extent provided therein applies and all coverages are in accordance with the

policy terms and conditions.

RE: X-A004(686) Project 41590 Part B – Preliminary Design NH Route 101, Keene, NH

The New Hampshire Department of Transportation shall be included as additional insured with respects to General, Auto, and Umbrella Liability where required

by written contract. Professional Liability Retention/Deductible is: $75,000.00

New Hampshire Department of Transportation

John O. Morton Building, 1 Hazen Drive

Concord NH 03302