Governor and Executive Council Agenda item PDF - 2026-05-20 - agenda 5

Meeting Date

2026-05-20

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 - 2026-05-20

The State of New Hampshire

Department of Environmental Services

Robert R. Scott, Commissioner

April 24, 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 (NH DES) to amend an American Rescue Plan Act grant

(PO#1103046) to Blaylock Holdings, LLC (Blaylock) of Natick, MA (VC# 491213-R00l) by extending the grant end

date to August 31, 2026, from June 1, 2026, to finance the remediation of the former Mohawk Tannery site in

Nashua, NH effective upon Governor & Council approval. The original grant was approved by Governor and

Council on October 16, 2024, Item# 84. This is a no cost time extension. 100% Federal Funds.

EXPLANATION

The American Rescue Plan Act (ARPA) of 2021, is a $1.9 trillion economic stimulus bill passed by the 117th United

States Congress and signed into law by President Blden on March 11, 2021, to speed up the United States'

recovery from the economic and health effects of the COVID-19 pandemic and the resultant recession. The Act

defines eligible uses of the state and local funding, including responding to public health emergency, responding

to workers performing essential work during the COVID-19 emergency, providing revenue relief to states and

making investments in water, sewer, and broadband infrastructure.

This grant amendment is needed as Blaylock has requested extra time to-ensure-completion of theworkfunded

by ARPA. Work on, Remedial Action pre-construction permits and submittals began in October 2024.

Construction at the site started in December 2025 and includes exca vation and consolidation of contaminated

soil, tannery waste, and asbestos containing material (ACM), disposal of waste material in newly constructed

containment cells, and general site restoration. During initial tree clearing and site preparation, additional

separate areas of ACM were identified, beyond the previously documented ACM area limits. Additionally,

unanticipated buried asbestos-containing pipes were encountered in subsurface utilities, requiring abatement

prior to removal. The two unanticipated asbestos-related task additions have required revisions to various

Remedial Action Plan documents and have extended the project timeline.

To date, $1,129,740 of the $3,438,150 grant has been disbursed. This grant amendment has been approved by

the Attorney General's Office as to form, substance, and execution.

We respectfully request your approval.

R�

Commissioner

DES Website: www.des.nh.gov

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

Telephone: (603) 271-2513 • Fax: (603) 271-5171 • TDD Access: Relay NH 1-800-735-2964

Amendment No, 1

Grant Agreement with Blaylock Holdings, LLC.

American Rescue Plan Act (ARPA) Grant

This Agreement [hereinafter called the Amendment) by and between the State of New Hampshire,

acting by and through Its Department of Environmental Services (hereinafter referred to as the State) and

Blaylock Holdings, LLC acting by and through Its Manager, Lloyd Gelsinger (hereinafter referred to as the

Grantee).

WHEREAS, pursuant to an Agreement (herelhafter called the Agreement) approved by the Governor and

Council on October 16, 2024, the Grantee agreed to perform certain services upon the terms and condltiohs

specified In the Agreement and In consideration of payment by the State of certain sums as specified therein;

and

WHEREAS, The Grantee and the State have agreed to 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 a~ree as follows:

1. Amendment and Modification of Agreement: The Completion Date as set forth In sub-paragraph 1,7 of

the Agreement shall be chahged to August 31, 2026, from June 1, 2026, •

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... Continuance of Agreement: E.xceptas specifically.amended.and modified.by the terms.ancfcondltlons of

this Amendment, the Agreement, and the obligations of the parties thereunder, shall remain In full force

and effect In accordance with the terms and conditions set forth therein.

2"''"'" /

llqyd Geising.er/~ ager

Blaylock Holdt gs, LLC

~~ obertR.Scott,ComJssloner

Department of Environmental Services

~nt Attorney General l(eel\i 1.4110.to

Department of Justice

Approved as to form, substance and execution.

Date

'I/ i'\ t iro

Date

State of New Hampshire

Department of State

CERTIFICATE

I, David M. Scanlan, Secretaty of State of the State of New Hampshire, do hereby certify that BLAYLOCK HOLDINGS LLC is

a New Hampshire Limited Liability Company registered to transact business in New Hampshire on Januaty 26, 2017. I further

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

this office is concerned.

Business ID: 763886

Certificate Number: 0007906399

IN TESTIMONY WHEREOF,

I hereto set my hand and cause to be affixed

the Seal of the State of New Hampshire,

this 13th day of April A.D. 2026.

David M. Scanlan

Secretaiy of State

LLC Certification of Authority

I, Bernard Plante (name) hereby certify that I am Co-Mamiger of with Lloyd Geisinger

ofBlaylo.ck Holclings, LLC, a limited liability compatiy under RSA 304-C.

I c.ertify that Lloyd Geisinger is authorized to bind the LLC. I further certify that it is

understood that thll State of New Hampshire wlII rely on this cei:ti:ficate as evidence that

the pernons listed above currently occupies the position h1dicated and thatthey haw full

authority to bind the LLC,

Attest: J.... __ _:._:.._:::____,'----=~;.,uv'L.,.

Bernard N, Pla11te, Manager

Aclmowledgment Certificate

State ~~~e~I-Iamp;hir~ Cou~ty~f ~19(~/Jllt~ ~.

011 this the. / Jf. day of.· ~ 20~ before me the undersigned

notary public, the undersigned officer, personally appeared Bernard N. Plante, known

to me (or satisfactorily prnve11) to be the person whose name is subscribed to the within

instrument and acknowledged that he/she executed the same for the purposes therein

<,:ontained. 111 witness whereof, I hereunto set my hand and official seal.

Notary Public Signatm

~D® CERTIFICATE OF LIABILITY INSURANCE I

DATE (MMIDD/YYYY)

04/13/2026

______....,

THIS CERTIFICATE IS ISSUED AS A MATTER DF 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(les) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the pollcy, 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 NAME:V' Benjamin Sawyer

The HIib Group New England, LLC rA~~N~t.,.,...,1a1) gaaR31os I FAitNol: (888) 505-9300

30 Braintree HIii Office Park fDMo'i!~ss: bsawyer@hllbgroup.com.

Suite 203 INSURER(S)AFFORDING COVERAGE NAIC#

Bralntree MA 02184 INSURERA: Gemini Insurance Company 10833

INSURED INSURERB: Associated Employers Insurance Co 11104

Blaylock Holdlngs LLC INSURERC:

8 Pleasant Street INSURERD:

SulteA-2 INSURERE:

Natick 01760 INSURERF:

COVERAGES CERTIFICATE NUMBER: CL2510698058 REVISION NUMBER:

THIS 1S 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 JS SUBJECT TO ALL THE TERMS,

EXCLUSIONS AND COND\TIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR TYPE OF INSURANCE LTR N•O WVD POLICY NUMBER IMM/DDNYYYI I fMMfDDNYYYI LIMITS

X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000

-::81 CLAIMS-MADE □ OCCUR 100,000

-

PREMISES IE~"c;~~~~encel $

MED EXP (Any one person) $ 5,000

A y y VIGP031773 10/03/2025 10/03/2026 PERSONAL &ADV INJURY $ 1,000,000

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

R

□ PRO, □ PRODUCTS • COMP/OP AGG $ 2,000,000 POLICY JECT LDC

OTHER: $

AUTOMOBILE LIABILITY Pe~~~~~~~tflNGLE LIMIT $ 1,000,000

- ANY AUTO BODILY INJURY (Per person) $

- OWNED - SCHEDULED y y VIGP031773 10/03/2025 10/03/2026 A AUTOS ONLY AUTOS BODILY INJURY (Per accident} $

~

HIRED

~

NON-OWNED fp~~~ci~d~l~AMAGE $ AUTOS ONLY AUTOS ONLY

---- - -- --.-- -

UMBRELLA LIAB

11

0CCUR EACH OCCURRENCE $ 5,000,000

A x EXCESS LIAB CLAIMS-MADE y y VIFX004384 10/03/2025 10/03/2026 AGGREGATE $ 6,000,000

DEO I I RETENTION $. $

WORKERS COMPENSATION XI ~'ffTUTE I I OTH-

AND EMPLOYERS' LIABILITY ER

YIN 1,000,000 8 ANY PROPRIETOR/ PARTNER/EXECUTIVE

0

y WCC-500-8247617-2026A 10/01/2025 10/01/2026 E.L. EACH ACCIDENT $

OFFICER/MEMBER EXCLUDED? NIA

1,000,000 (Mandatory In NH) E.L. DISEASE - EA EMPLOYEE I lfyes, describe under

DESCRIPTION OF OPERATIONS below E.L. DISEASE· POLICY LIMIT I 1,000,000

DESCRIPTION OF OPERATIONS I LOCATIONS /VEHICLES (ACORD 101, Addll!onal Remarks Schedule, may be attached If more space Is required)

Certtflcate holder Is Included as addltlonal Insured on a primary, non-contributory basis as lt pertains to General Llabllity, Automobile and Umbrella as

required by written contract. Umbrella is follow form, Waiver of subrogation applies to all policies.

CERTIFICATE HOLDER CANCELLATION

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN

New Hampshire Department of Envlornmental Services ACCORDANCE WITH THE POLICY PROVISIONS.

29 Hazen Drive

AUTHORIZED RE;PRESENTATIVE

Concord NH 03302-0095 8 e.H,,

s~

I

@ 1988-2015ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

AGENCY CUSTOMER ID: 01698776

-------------------LO C #: --------

ADDITIONAL REMARKS SCHEDULE Page of

AGENCY NAMED INSURED

The Hilb Group New England, LLC Blaylock Holdings LLC

POLICY NUMBER

CARRIER I NA\CCODE '

EFFECTIVE DATE:

ADDITIONAL REMARKS

THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM,

FORM NUMBER: 25 FORM TITLE: Certificate of Llablllty Insurance: Notes

lf required by written contrm;:t or agreement, Certificate Holder and The State of New Hampshire are named as additional Insured.

•

ACORD 101 (2008/01) @ 2008ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD