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STATE OF NEW HAMPSHIRE

LAKESHORE REDEVELOPMENT PLANNING COMMISSION

REQUEST FOR PROPOSALS

FOR LAKES REGION FACILITY – PHASE IA ARCHAEOLOGICAL

SENSITIVITY ASSESSMENT

RFP LSRPC 2021-252

June 24, 2020

SECTION 1 – Overview and Schedule

A. Executive Summary

In 2017 the New Hampshire legislature enacted NH House Bill 340 (Chapter 240, Laws of 2017), to

form a seven-member Lakeshore Redevelopment Planning Commission (“Commission”). The

Commission’s purpose is to identify and study potential redevelopment concepts for the 200±-acre

State-owned Lakes Region Facility (“LRF”, a.k.a. the “former Laconia State School”). The site has

been selected by the Governor of New Hampshire to participate in a Federal economic redevelopment

program, Opportunity Zone Program:

https://www.laconiadailysun.com/news/local/governor-picks-laconia-for-federal-economic-

development-program/article_8115edae-4f0c-11e8-8a62-e32226891308.html.

The LRF is situated between Winnisquam Lake and Opechee Lake in the City of Laconia. State use of

the site began in the early 1900s with operation of the New Hampshire School for the Feebleminded,

which operated essentially in this capacity until its closure in 1991. The campus-style development

consists of 200± acres, with 28 buildings of varying sizes, construction types, qualities, and conditions.

Since 1991, the State has repurposed some buildings for other State uses, including former use of a

portion of the site for a medium security correctional facility that has since closed.

According to Chapter 240, the primary goal of redevelopment would be to promote self-sustaining

economic development and job creation for the benefit of the City of Laconia, Belknap County, and the

State of New Hampshire. Chapter 240 also provides funding to support the Commission’s work,

including the hiring of qualified consultants.

The Commission is issuing this Request for Proposals (RFP) for firms interested in providing historic

resources assessment services as detailed below to support its work. Once complete, the completed

assessment will be used to guide the Commission, and ultimately the State, in positioning the LRF site

for redevelopment and determining what additional assessment services may be required to accomplish

that goal. Prior to the creation of the Commission the New Hampshire Division of Historical Resources

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surveyed the LRF and determined that all of the buildings, as well as the site itself, were eligible for

listing on the National Historic Register List.

B. Schedule

The following table provides a Schedule of Events for this RFP through contract finalization and

approval. The Agency reserves the right to amend this Schedule at its sole discretion and at any time

through a published Addendum.

EVENT DATE

RFP Released to Proposers (Advertisement) June 28

Site Visit(s), as requested by Proposers July 7-14

Proposer Inquiry Period Ends July 16

Final Agency Responses to Proposer Inquiries July 22

Proposal Submission DEADLINE July 30, 2020 (no later

than 2:00 PM)

Estimate Timeframe for Proposer Oral

Presentations and Interviews (if applicable)

Week(s) of August 10-

14

Estimated Notification of Selection and Begin

Contract Negotiations

August 24

Estimated Date of Approval of Final

Contract/Work Begins

September 2

Deadline for submission of NBRC deliverable September 23, 2020

Deadline for submission of final deliverable September 30, 2020

Public presentation of final report to Commission Between October 1 and

October 30

SECTION 2 -Description of Agency Issuing the Request for Proposals/

Background Information

As noted above, the Lakeshore Redevelopment Planning Commission is a statutorily created state

instrumentality responsible for developing a master plan for the redevelopment of the LRF, also known

as “the former Laconia State School property.” The Commission consist of seven volunteer officials

from the private sector selected and appointed to their positions in accordance with Chapter 240, Laws

of 2017. At the time of issuance of this proposal legislation is pending that would transfer all the duties,

responsibilities and obligations, including contracts of the Commission, to a new authority that would

be responsible for completion of the planning and assessment process as well as the ultimate disposition

of this state-owned property as provided in the new authority’s enabling act.

The services to be provided under this proposal would include an initial assessment of historical

resources present at the LRF, as set forth in the Proposed Scope of Work below, for use by the

Commission and/or the new authority in carrying out their statutory duties and responsibilities and

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providing initial, fundamental information regarding existing historic resources for consideration during

future planning and development.

The Lakeshore Redevelopment Commission has compiled, with the assistance of consultants and

supporting agencies, numerous documents such as a Strategic Plan, Redevelopment Master Plan, Phase

II Environmental Assessment, and a grant application to the Northern Borders Regional Commission.

All of these documents, as well as other documents reflecting the business of the Commission and

reports of other state commissions preceding the Lakeshore Redevelopment Planning Commission are

available at https://das.nh.gov/lrpc/index.aspx . This information is to be considered documents for

use but not as an all-encompassing or exhaustive repository of data that may be present, filed, or

available. The Proposers shall undertake their own thorough research as a requirement of their proposed

Scope of Work.

SECTION 3 – Proposed Scope of Work

The Phase IA assessment sought by this RFP shall include a deliverable that includes all of

the following components:

Environmental Research: Conduct research to develop a context for both the existing and

past physical environment and setting.

• Provide data on all aspects of the environmental context that may affect the

sensitivity assessment. In general, include the following types of information:

geology, glacial history, hydrology, physiography/geomorphology, soils, climate,

vegetation, and the ways in which the ecology of the area has altered through time.

Some environmental circumstances such as floodplains or other depositional

settings may significantly affect the approach to investigations. Include a discussion

of past and present land use.

Literature Search: Conduct a literature search to identify known sites of archeological or

historic interest and their locations within and adjacent to the LRF to provide an

understanding of standing historic properties that may be associated with archaeological

remains and to identify Pre and Post-Contact Period contexts relevant to the LRF (see New

Hampshire Division of Historical Resources Historical Contexts, Appendix C). The

research shall provide background information about both the Pre and Post-Contact Period

development of the area constituting the LRF.

Field Investigations: Conduct a visual inspection of the LRF consistent with New

Hampshire Division of Historical Resource standards for visual observation for Phase IA

assessments.

• At a minimum, flag, number, and map artifact find spots, artifact concentrations,

buildings and structural remains.

o Label finds or concentrations by map number. Inspect wooded areas for

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historic period remains. Surveys cannot be completed during wintertime

snow cover (see New Hampshire Resources Historical Contexts Appendix

D).

• Field investigations shall also include soil coring and, if useful, a small number of

judgmentally-placed .5 X .5 meter shovel tests to understand the soil types,

stratigraphy and drainage, and evaluate the level of soil disturbance.

o The excavation of test pits should include the screening of soil through 1/4"

mesh screens the collection of artifacts by strata and by 10 cm. increments

within the stratum.

• Map soil cores, test units, surface artifacts scatters, visible remains, standing

buildings and structures, landscaping elements, areas of significant disturbance,

and archaeologically sensitive areas.

o Identify areas that require Phase IB investigations.

o Provide the results of soil coring and test units including a description of

its stratigraphy and any features and characterize any artifact scatters.

o Provide general photographs of the LRF to show the existing environment

and level of recent development, disturbed areas, identified historic

resource or site areas and photograph in more detail of surface artifact

scatters, buildings, structures, and landscape elements and their remains

that are greater than 50 years old.

o Identify and note the direction of views on the project map.

Data Analysis: From the data assembled from research and site observations provide an

assessment of the archaeological sensitivity of the data gathered. At a minimum, address

the following:

• What is the likelihood that archaeological deposits exist?

o What site types are likely to occur?

o What contexts would they represent?

o What is the potential condition of the site given the level of development at

the LRF and the surrounding area, particularly in the recent past?

• Identify areas of specific archaeological sensitivity and recommendations for

further investigations.

o Prepare Site forms for newly discovered sites at this level of investigation

and update any existing archaeological site inventory forms applicable to

the LRF site.

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o Identify all areas of the site that are or have been previously disturbed.

Deliverables: Printed and digital copies of the following deliverables shall be provided

to the Commission as specified below:

• Phase IA assessments

o NBRC deliverable – At the outset of the project the Commission will

identify a 5.5-acre location abutting Route 106 that is the subject of a grant

application to the Northern Borders Regional Commission (NBRC). The

Proposer shall give this location first priority in terms of all requirements

under this Scope of Work and provide to the Commission in accordance with

the schedule set forth in Section 1 above a final assessment for this location.

o Final deliverable – A Phase IA assessment encompassing the entire LRF.

SECTION 4 – Process for Submitting a Proposal

A. Proposal Submission, Deadline, and Location Instructions

Proposals submitted in response to this RFP must be received by the Lakeshore Redevelopment Planning

Commission or its presumed successor, the Lakes Region Development Authority (hereinafter

collectively referred to as the “Agency,” except where otherwise indicated), no later than the time and

date specified in the Schedule section herein. Proposals must be addressed to:

George Bald, Chair

Lakeshore Redevelopment Planning Commission

c/o

Michael P. Connor

NH Department of Administrative Services

25 Capitol Street, Room 417

Concord, NH 03301

Proposals must be clearly marked as follows:

STATE OF NEW HAMPSHIRE

Lakeshore Redevelopment Commission/Lakes Region Development Authority

RESPONSE TO RFP LSRPC 2021-252

Name of RFP: Lakes Region Facility – Phase IA Archaeological Sensitivity Assessment

Unless waived as a non-material deviation in accordance with Section 6B, late submissions will not be

accepted and will be returned to the proposer unopened. Delivery of the Proposals shall be at the

Proposer’s expense. The time of receipt shall be considered when a Proposal has been officially

documented by the Agency, in accordance with its established policies, as having been received at the

location designated above. The Agency accepts no responsibility for mislabeled mail or mail that is not

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delivered or is undeliverable for whatever reason. Any damage that may occur due to shipping shall be

the Proposer’s responsibility.

All Proposals submitted in response to this RFP must consist of at least:

a) One (1) original and seven (7) clearly identified copies of the Proposal, including attachments;

b) One (1) digital copy of the Proposal, including attachments, contained on a USB-capable removable

disk drive (“thumb drive”); and,

c) If applicable, one (1) additional digital copy of the Proposal with all Confidential Information fully

redacted, as provided for in Section 7E of this RFP.

B. Proposal Inquiries

All inquiries concerning this RFP, including but not limited to, requests for clarifications, questions, and

any changes to the RFP, shall be submitted via email to the following RFP designated Points of Contact:

TO: georgebald99@gmail.com

CC: rcheney@sheehan.com and michael.connor@nh.gov

Inquiries must be received by the Agency’s RFP Points of Contact no later than the conclusion of the

Proposer Inquiry Period (see Schedule of Events section, herein). Inquiries received later than the

conclusion of the Proposer Inquiry Period shall not be considered properly submitted and may not be

considered.

The Agency intends to issue official responses to properly submitted inquiries on or before the date

specified in the Schedule section, herein; however, this date is subject to change at the Agency’s

discretion. The Agency may consolidate and/or paraphrase questions for sufficiency and clarity. The

Agency may, at its discretion, amend this RFP on its own initiative or in response to issues raised by

inquiries, as it deems appropriate. Oral statements, representations, clarifications, or modifications

concerning the RFP shall not be binding upon the Agency. Official responses by the Agency will be

made only in writing by the process described above.

C. Restriction of Contact with Agency Employees

From the date of release of this RFP until an award is made and announced regarding the selection of a

Proposer, all communication with personnel employed by or under contract with the Lakeshore

Redevelopment Planning Commission, the Lakes Region Development Authority or the NH Department

of Administrative Services (“NHDAS”) regarding this RFP is forbidden unless first approved by the

RFP Points of Contact listed in the Proposal Inquiries section, herein. Agency and NHDAS employees

have been directed not to hold conferences and/or discussions concerning this RFP with any potential

contractor during the selection process, unless otherwise authorized by the RFP Points of Contact.

Proposers may be disqualified for violating this restriction on communications.

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D. Access to Lakes Region Facility

Except where signage indicates otherwise, the grounds of the LRF is open to the public and may be

accessed for reasonable observation, if desired. The buildings are not open to the public and may not

be entered during the RFP period.

E. Notice of Hazard/Assumption of Risk, Waiver and Release

The buildings located at the former Laconia State School contain both known and unknown conditions

and materials. See attached letter from RPF Environmental dated December 28, 2017. Access to these

buildings by the selected firm shall be at their own risk. Anyone accessing the buildings will be required

to complete and sign the document entitled, “Assumption of Risk, Waiver and Release of Liability

Laconia State School Campus.” (See Attached.)

F. Validity of Proposal

Proposals must be valid for one hundred and eighty (180) days following the deadline for submission of

Proposals in Schedule of Events, or until the Effective Date of any resulting Contract, whichever is later.

SECTION 5 - Content and Requirements for a Proposal

Proposals shall follow the following format and provide the required information set forth below:

• Tab 1 – Description of the firm (location, longevity, staff size, overall portfolio, etc.)

• Tab 2 – Proposers should respond to the projected scope of work as described in section 3 above

and describe in detail how those tasks will be accomplished. Include here lists of assumptions,

limitations, and exclusions. Proposers should also provide the date for delivery of the final

report.

• Tab 3 – Resumes, including principal-in-charge, project manager, and any other key personnel,

who would be dedicated to this project.

• Tab 4 – Representative experience for similar projects completed with the last 10-year period.

• Tab 5 – References for the representative projects and key personnel identified in Tabs 3 and 4

above.

• Tab 6 – Description of the firm and key personnel, current workload commitments, and their

capacities to participate in this project.

• Tab 7 – Subconsultant information (if any), including resumes of key personnel and description

of the firm’s and key personnel’s current workload commitments, and their capacities to

participate in this project.

• Tab 8 – Other information the proposer considers pertinent for consideration by the Agency

• Tab 9 – Provide the fee proposal, including fees for professional services and reimbursable

expenses.

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SECTION 6 - Evaluation of Proposals

A. Criteria for Evaluation

This will be a qualifications-based selection process at the sole discretion of the Commission/ Authority.

The Agency reserves the right to select the proposal it deems in the best overall interest of the

assignment, regardless of any proposal’s projected budget in comparison to any other proposal, or to

select no proposal at all. An important factor in selection, in addition to the Proposer’s professional

experience, will be the capability of the proposer to meet the project schedule and deadline set forth in

Section 2.A above.

If the Agency, determines to make an award, the Agency will issue an “intent to negotiate” notice to a

Proposer based on these evaluations. Should the Agency be unable to reach agreement with the selected

Proposer during Contract discussions, the Agency may then undertake Contract discussions with its

second preferred Proposer and so on, or the Agency may reject all proposals, cancel this RFP, or solicit

new Proposals under a new acquisition process.

B. Planned Evaluations

The Agency plans to use the following process to evaluate proposals:

• Initial screening to ensure that the Proposals comply with submission requirements;

• Preliminary evaluation of the Proposals;

• Oral interviews (if necessary);

• Final Evaluation of Technical Proposals;

• Review of Price Proposals and final selection;

• and

• Select Proposer and begin contract negotiation.

C. Initial Screening

The Agency will conduct an initial screening step to verify Proposer compliance with the technical

submission requirements set forth in the RFP and the minimum content set forth in Section 5 of this

RFP. The Agency may waive or offer a limited opportunity to cure immaterial deviations from the RFP

requirements if it is determined to be in the best interest of the State.

D. Preliminary Evaluation of Proposals

The Agency will establish an evaluation team to initially review the Technical Proposals. This

evaluation team will review the technical proposals and provide a recommendation to the full Agency

regarding the suitability of the proposal and its conformance to this RFP. Price Proposals will remain

sealed during the preliminary technical review.

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E. Oral Interviews

If the Agency determines that it is appropriate in its sole discretion, Proposers may be invited to oral

interviews. The Agency retains the sole discretion to determine whether to conduct oral interviews, with

which Proposers; and the number of interviews. Proposers are advised that the Agency may decide to

conduct interviews with less than all responsive Proposers.

The purpose of oral interviews is to clarify and expound upon information provided in the written

Proposals. Proposers are prohibited from altering the basic substance of their Proposals during the oral

interviews. The Agency may ask the Proposer to provide written clarifications of elements in their

Proposal regardless of whether it intends to conduct oral interviews.

Information gained from oral interviews may be used by the Agency to evaluate the overall suitability

of the Proposer and the Proposer’s proposal.

F. Price Proposal Review

Price Proposals will be reviewed upon completion of oral interviews and reference checks (if

applicable/appropriate) and/or review of written clarifications of Proposals requested by the Agency.

Proposers are advised that this is not a low bid award and that the Price Proposal will be considered in

junction with all other information presented to or gathered by the Agency during the proposal process.

G. No Best and Final Offer

The Proposal should be submitted initially on the most favorable terms which the Proposer can offer.

There will be no best and final offer procedure. The Proposer should be prepared to accept this RFP for

incorporation into a contract resulting from this RFP. Contract negotiations may incorporate some or

all of the Proposal.

H. Final Selection

The Agency will conduct a final selection based on the final evaluation of the proposals and begin

contract negotiations with the selected Proposer.

I. Rights of the Agency in Accepting and Evaluating Proposals

The Agency reserves the right to:

• Make independent investigations in evaluating Proposals;

• Request additional information to clarify elements of a Proposal;

• Waive minor or immaterial deviations from the RFP requirements, if determined to be in the best

interest of the State;

• Omit any planned evaluation step if, in the Agency’s view, the step is not needed;

• At its sole discretion, reject any and all Proposals at any time; and

• Open contract discussions in its sole discretion with any party submitting a proposal.

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SECTION 7 – Terms and Conditions Related to the RFP Process

A. RFP Addendum

The Agency reserves the right to amend this RFP at its discretion, prior to the Proposal submission

deadline. In the event of an addendum/addenda to this RFP, the Agency, at its sole discretion, may

extend the Proposal submission deadline, as it deems appropriate.

B. Non-Collusion

The Proposer’s signature on a Proposal submitted in response to this RFP guarantees that the prices,

terms and conditions, and Work quoted have been established without collusion with other Proposers

and without effort to preclude the Agency from obtaining the best possible competitive Proposal.

C. Property of the Agency

All material received in response to this RFP shall become the property of the State and will not be

returned to the Proposer. Upon Contract award, the State reserves the right to use any information

presented in any Proposal.

D. Confidentiality of a Proposal

Unless necessary for the approval of a Contract, the substance of a Proposal must remain confidential

until the Effective Date of any Contract resulting from this RFP, unless an earlier date for release of any

or all proposals is authorized by the Agency. A Proposer’s disclosure or distribution of Proposals other

than to the Agency will be grounds for disqualification.

E. Public Disclosure

The content of each Proposer’s Proposal shall become public information upon the award of any

resulting Contract. Any information submitted as part of a response to this RFP may be subject to public

disclosure under RSA 91-A. In addition, any Contract entered into as a result of this RFP will be made

accessible to the public online via the Agency website (https://das.nh.gov/lrpc/index.aspx). Accordingly,

business financial information and proprietary information such as trade secrets, business and financials

models and forecasts, and proprietary formulas may be exempt from public disclosure under RSA 91-

A:5, IV.

If you believe any information being submitted in response to this Request for Proposal, Bid or

Information should be kept confidential as financial or proprietary information; you must specifically

identify that information in a letter to the Agency, and must mark/stamp each page of the materials that

you claim must be exempt from disclosure as “CONFIDENTIAL”. A designation by the Proposer of

information it believes exempt does not have the effect of making such information exempt. The Agency

will determine the information it believes is properly exempted from disclosure.

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Marking of the entire Proposal or entire sections of the Proposal (e.g. pricing) as confidential will neither

be accepted nor honored. Notwithstanding any provision of this RFP to the contrary, Proposer pricing

will be subject to disclosure upon approval of the Contract. The Agency will endeavor to maintain the

confidentiality of portions of the Proposal that are clearly and properly marked confidential.

If a request is made to the Agency to view portions of a Proposal that the Proposer has properly and

clearly marked confidential, the Agency will notify the Proposer of the request and of the date the

Agency plans to release the records. By submitting a Proposal, Proposers agree that unless the Proposer

obtains a court order, at its sole expense, enjoining the release of the requested information, the Agency

may release the requested information on the date specified in the Agency’s notice without any liability

to the Proposers.

F. Non-Commitment

Notwithstanding any other provision of this RFP, this RFP does not commit the Agency to award a

Contract. The Agency reserves the right, at its sole discretion, to reject any and all Proposals, or any

portions thereof, at any time; to cancel this RFP; and to solicit new Proposals under a new acquisition

process.

G. Proposal Preparation Cost

By submitting a Proposal, a Proposer agrees that in no event shall the Agency be either responsible for

or held liable for any costs incurred by a Proposer in the preparation of or in connection with the

Proposal, or for Work performed prior to the Effective Date of a resulting Contract.

H. Ethical Requirements

From the time this RFP is published until a contract is awarded, no Proposer shall offer or give, directly

or indirectly, any gift, expense reimbursement, or honorarium, as defined by RSA 15-B, to any elected

official, public official, public employee, constitutional official, or family member of any such official

or employee who will or has selected, evaluated, or awarded an RFP, or similar submission. Any

Proposer that violates RSA 21-G:38 shall be subject to prosecution for an offense under RSA 640:2.

Any Proposer who has been convicted of an offense based on conduct in violation of this section, which

has not been annulled, or who is subject to a pending criminal charge for such an offense, shall be

disqualified from submitting a proposal pursuant to this RFP. A bidder that was disqualified under this

section because of a pending criminal charge which is subsequently dismissed, results in an acquittal,

or is annulled, may notify the Department of Administrative Services, which shall note that information

on the list maintained on the State’s internal intranet system, except in the case of annulment, the

information, shall be deleted from the list.

I. Challenges on Form or Process of the RFP

Any challenges regarding the validity or legality of the form and procedures of this RFP shall be brought

to the attention of the Agency at least ten (10) business days prior to the Proposal Submission Deadline.

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By submitting a Proposal, the Proposer is deemed to have waived any challenges to the form or

procedures set forth in this RFP.

SECTION 8 – Contract Terms and Award

A. Non-Exclusive Contract

Any resulting Contract from this RFP will be a non-exclusive Contract. The Agency reserves the right,

at its discretion, to retain other Contractors to provide any of the Services or Deliverables identified

under this procurement or make an award by item, part or portion of an item, group of items, or total

Proposal.

B. Award

If the Agency decides to award a Contract as a result of this RFP process, any award is contingent upon

approval of the Contract by the Board of Directors of the Commission or the Authority and upon

continued appropriation of funding for the Contract.

C. Standard Contract Terms

The Agency will require the successful Proposer to execute a Not to Exceed Contract using the Standard

Terms and Conditions of the Agency, which is attached as Appendix A.

The Term of the Contract will be for 45 days from the effective date of the Contract. The Contract term

may be extended by an additional term at the sole option of the Agency, subject to the parties’ prior

written agreement on terms and applicable fees for each extended term, contingent upon satisfactory

vendor performance, continued funding, and Agency approval.

The Agency may consider modifications of this form during negotiations. To the extent that a Proposer

believes that exceptions to the standard form contract will be necessary for the Proposer to enter into the

Agreement, the Proposer should note those issues during the Proposer Inquiry Period. The Agency will

review requested exceptions and accept, reject or note that it is open to negotiation of the proposed

exception at its sole discretion. If the Agency accepts a Proposer’s exception the Agency will, at the

conclusion of the inquiry period, provide notice to all potential proposers of the exceptions which have

been accepted and indicate that exception is available to all potential proposers. Any exceptions to the

standard form contract that are not raised during the Proposer inquiry period are waived. In no event is

a Proposer to submit its own standard contract terms and conditions as a replacement for the Agency’s

terms in response to this solicitation.

END

Memorandum

Date: December 8, 2017

Re: Former Laconia State Prison/School Campus

Environmental Conditions and Recommendations.

Based on recent sites visits and observations of multiple buildings on the campus, several potential

environmental conditions were observed as a result of minimal or no heat and air conditioning of the

spaces over the past 19 years and ongoing water damage from leaks and condensation. Due to the

presence of damaged suspect asbestos containing building materials (ACBM), mold, possible lead

paint in damaged condition, and dead rodents and birds, entry into the buildings should be limited

and only carried out by properly trained and utilizing proper personal protective equipment.

Entering the buildings in street clothes could also result in contaminants being carried to and

transferred into vehicles, resulting in continued exposure.

Although bacteria and mold are not regulated in this setting, continued exposure to elevated mold

spores and metabolites can lead to cases of significant allergies, toxic reactions, and/or infections in

employees. Bacteria can also lead to infections and health risks. The extent of reactions to

exposures will vary from person to person, from no reaction at all to severe, life threatening allergic

reactions (in extreme cases).

The steps below are meant to minimize risk of exposure for those entering the buildings.

Personal Protective Equipment

Personal protective equipment (PPE) should be used to prevent personal contact with the

contaminants, contamination of shoes and clothing, and transportation of contaminants to the

person’s vehicles, which would prolong exposure. Full body disposable coveralls should be donned

prior to entry. Depending on the tasks, booties attached to the coveralls would be acceptable, but

based on shoe size or work tasks, disposable rubber booties (aka chicken boots) should also be worn.

People with known allergies should wear hoods. If there is overhead work or work in areas with

known damaged ACBM, hoods are required.

A minimum of disposable latex or nitrile exam gloves should be worn to minimize contact when

using hand rails or similar tasks, and to minimize contact when taking off booties and coveralls.

Employees should avoid hand-to-face contact until the gloves are removed. The attached flyer from

the Center of Disease Control should be reviewed of the proper donning and doffing of PPE. Used

PPE can be placed in a typical garbage bag, unless knowingly or extensively contaminated with

ACBM or lead.

Memorandum Regarding Environmental Conditions Page 2

Laconia Campus

Respiratory Protection

Respiratory protection for actual work with lead and asbestos is highly regulated by the Occupational

Safety and Health Administration (OSHA). For mold or bacteria, the regulations are not clear. For

incidental exposure during brief entries into the buildings for site recognizance, a minimum of

disposal N 95 dust masks is recommended. The N 95 designation by the National Institutes of

Occupational Safety and Health (NIOSH) that the dust mask, if properly worn, will remove 95% of

the airborne particulates. It is not meant for toxic materials. The preferred protection would be

either a disposable N100 dust mask or a reusable half face respirator with P 100 cartridges. The

training requirements for the disposable dust masks are detailed in the attached Appendix D of 29

CFR 1910.134. Dust masks can be disposed of with the coveralls as described above.

The use of reusable 1/2 or full-face respirators is much more entailed and is covered by OSHA 29

CFR 1910.134 and requires training, medical evaluations, fit testing and a written respiratory

protection program. The P100 is designed to remove 99.97% of the particulates in air including lead

and asbestos. The N95 and P100 respirators remove particulates and not vapors such as microbial

volatile organic compounds (MVOC) which are given off by the mold and make up what people

smell as the moldy smell. In conditions where this is an issue, combination P100 – organic vapor

cartridges would be recommended. For sensitized personnel or during aggressive dust generating

tasks, use of full-face respirators will provide additional respiratory protection as well as protect the

eyes from exposure, irritation, and infection.

Lastly, after exiting the buildings and removal of PPE, hands, face and exposed necks should be

wiped with baby wipes (at a minimum), or soap and water to remove any possible residual materials.

It should be noted that persons with known significant allergies or immunosuppression should not

enter the buildings without additional protections. Other safety and health conditions may

potentially exist and must be evaluated such as structural integrity of the buildings, lack of lighting,

trip and slip hazards and energized circuits and standing water in certain buildings.

For construction related tasks, the employers OSHA Competent person is required to assess

conditions and work tasks to properly protect employees while in or on the buildings.

Attachements 29 CFR 1910.134 Appendix D

177796 120817 Laconia Campus Visit Letter

Memorandum Regarding Environmental Conditions Page 3

Laconia Campus

Appendix D to 1910.134 – (Mandatory) Information for Employees Using

Respirators When Not Required Under the Standard

Voluntary Use of Respirators

Respirators are an effective method of protection against designated hazards when

properly selected and worn. Respirator use is encouraged, even when exposures are

below the exposure limit, to provide and additional level of comfort and protection for

workers. However, if a respirator is used improperly or not kept clean, the respirator

itself can become a hazard to the worker. Sometimes, workers may wear respirators to

avoid exposures to hazards, even if the amount of hazardous substance does not exceed

the limits set by OSHA standards. If your employer provides respirators for your

voluntary use, or if you provide your own respirator, you need to take certain

precautions to be sure that the respirator itself does not present a hazard.

You should do the following:

1. Read and heed all instructions provided by the manufacturer on use, maintenance,

cleaning and care, and warnings regarding the respirators limitations.

2. Choose respirators certified for use to protect against the contaminant of concern.

NIOSH, the National Institute for Occupational Safety and Health of the US

Department of Health and Human Services, certifies respirators. A label or

statement of certification should appear on the respirator or respirator packaging. It

will tell you what the respirator is designed for and how much it will protect you.

3. Do not wear your respirator into atmospheres containing contaminants for which

your respirator is not designed to protect against. For example, a respirator

designed to filter dust particles will not protect you against gases, vapors, or very

small solid particles of fumes or smoke.

4. Keep track of your respirator so that you do not mistakenly use someone else’s

respirator.

May 22, 2018

Page 1 of 8

AGREEMENT

The Lakeshore Redevelopment Planning Commission and the Consultant hereby mutually agree as follows:

GENERAL PROVISIONS 1. Identification and Definitions.

1.1 State Entity Name

Lakeshore Redevelopment Planning Commission

1.2 State Entity Address

c/o RFS Engineering, 71 Water St., Laconia, NH 03246

1.3 Consultant Name

1.4 Consultant Address

109 Court Street, Laconia, NH 03246

1.5 Consultant Phone

Number

1.6 Account Number

01-14-14-141510-

38920000-103-502507

1.7 Completion Date

1.8 Price Limitation

1.9 Contracting Officer for

Christopher Shumway

1.10 State Entity Telephone Number

603.832.9013 (Chris Shumway)

1.11 Consultant Signature

1.12 Name & Title of Consultant Signor

1.13 Acknowledgment: State of ______________, County of _____________________

On _____________, before the undersigned officer, personally appeared the person identified in block 1.12, or satisfactorily

proven to be the person whose name is signed in block 1.11, and acknowledged that s/he executed this document in the capacity

indicated in block 1.12.

1.13.1 Signature of Notary Public or Justice of the Peace

[Seal]

1.13.2 Name & Title of Notary Public or Justice of the Peace

1.14 State Entity Signature(s) Date

1.15 Name/Title of State Entity Signor(s)

1.16 Intentionally Left Blank

1.17 Intentionally Left Blank

1.18 Intentionally Left Blank

2. EMPLOYMENT OF CONSULTANT SERVICES TO BE PERFORMED. The State of

New Hampshire (the “State”), acting through the state entity identified in block 1.1 (the “LAKESHORE RPC”), engages

consultant identified in block 1.3 (the “Consultant”) to perform, and the Consultant shall perform, that work or professional

services, or both, identified and more particularly described in the attached EXHIBIT A, which is incorporated herein by

reference (the “Services”).

3. EFFECTIVE DATE AND TIME: COMPLETION OF SERVICES.

3.1. Notwithstanding any provision of this Agreement to the contrary, this Agreement, and all obligations of the parties

hereunder, shall become effective on the date this Agreement is signed by the LAKESHORE RPC as shown in block 1.14 (the

“Effective Date”).

3.2. If the Consultant commences the Services prior to the Effective Date, all Services performed by Consultant prior to the

Effective Date shall be performed at the sole risk of the Consultant and in the event that this Agreement does not become

effective, neither the State nor the LAKESHORE RPC shall have any liability to the Consultant, including without limitation, any

obligation to pay the Consultant for any costs incurred or Services performed; however that if this Agreement becomes effective

all actual and verifiable costs incurred prior to the Effective Date shall be paid under the terms of this Agreement. Consultant

must complete all Services by the Completion Date specified in block 1.7.

3.3. The Consultant shall perform all Services in a continuous manner and as expeditiously as is consistent with good professional

skill and care. The Consultant shall perform its Services in such manner and at such time as may be required by the

LAKESHORE RPC. Time is of the essence of this Agreement.

4. CONDITIONAL NATURE OF AGREEMENT. Notwithstanding anything in this Agreement to the contrary, all

obligations of the LAKESHORE RPC or the State hereunder, including, without limitation, the continuance of payments

hereunder, are contingent upon the availability and continued appropriation of funds, and in no event shall the LAKESHORE

RPC or the State be liable for any payments hereunder in excess of such available appropriated funds. In the event of a reduction

or termination of those funds, the LAKESHORE RPC and the State shall have the right to withhold payment until such funds

become available, if ever, and shall have the right to terminate this Agreement immediately upon giving the Consultant notice of

such termination. Neither the LAKESHORE RPC nor the State shall be required to transfer funds from any other account to the

account identified in block 1.6 in the event funds in that account are reduced or unavailable.

Notice: This agreement and all of its attachments shall become public upon the Effective Date.

Any information that is private, confidential or proprietary must be clearly identified to the

LAKESHORE RPC and agreed to in writing prior to signing this agreement.

May 22, 2018

Page 2 of 8

5. CONTRACT PRICE: LIMITATION ON PRICE: PAYMENT.

5.1. The contract price (the “Contract Price”), method of payment, and terms of payment are identified and more

particularly described in Exhibit B, incorporated herein.

5.2. The payment by the LAKESHORE RPC of the Contract Price shall be the only, and the complete,

reimbursement to the Consultant for all fees and expenses, of whatever nature, incurred by the Consultant in the

performance hereof, and shall be the only and the complete compensation to the Consultant for the Services.

Neither the LAKESHORE RPC nor the State shall have any liability to the Consultant other than the Contract Price.

5.3. Intentionally left blank.

5.4. Notwithstanding anything 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 of these general provisions.

6. COMPLIANCE BY CONSULTANT WITH LAWS AND REGULATIONS: EQUAL EMPLOYMENT

OPPORTUNITY.

6.1 In connection with the performance of the Services, the Consultant shall comply with all statutes, laws,

regulations, and orders of federal, state, county or municipal authorities which impose any obligation or duty upon

the Consultant, including, but not limited to civil rights and equal opportunity laws.

6.2. During the term of this Agreement, the Consultant shall not discriminate against employees or applicants for

employment because of race, color, religion, creed, age, sex, handicap or national origin and will take affirmative

action to prevent such discrimination

.

6.3. If this Agreement is funded in any part by monies of the United States, the Consultant shall comply with all the

provisions of Executive Order No. 11246 (“Equal Employment Opportunity”), as supplemented by the regulations

of the United States Department of Labor (41 C.F.R. Part 60), and with any rules, regulations and guidelines as the

State of New Hampshire or the United States issue to implement these regulations. The Consultant further agrees to

permit the LAKESHORE RPC, the State or United States, access to any of the Consultant’s books, records and

accounts for the purpose of ascertaining compliance with all rules, regulations and orders, and the covenants and

conditions of this Agreement.

7. PERSONNEL

7.1. The performance of the Services shall be carried out by employees of the Consultant and any subcontractor of

the Consultant approved in advance by the LAKESHORE RPC. The Consultant shall at its own expense, provide

all personnel necessary to perform the Services. The Consultant warrants that all personnel, including the personnel

of any of Consultant’s subcontractors, 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 Consultant shall not hire, and shall permit no subcontractor, subconsultant or other person, firm or

corporation with whom it is engaged in a combined effort to perform the Services, to hire any person who is a State

officer or employee, elected or appointed.

7.3. The Contracting Officer specified in block 1.9, or his or her successor, shall be the LAKESHORE RPC’s

representative. In the event of any dispute concerning the interpretation of this Agreement, the Contracting

Officer’s decision shall be final.

8. EVENT OF DEFAULT, REMEDIES.

8.1. Any one or more of the following acts or omissions of the Consultant shall constitute an event of default

hereunder (“Events of Default”):

8.1.1. failure to perform the Services satisfactorily or on schedule; or

8.1.2. failure to submit any report required hereunder or on schedule; or

8.1.3. failure to perform any other covenant or condition of this Agreement.

May 22, 2018

Page 3 of 8

8.2. Upon the occurrence of any Event of Default, the LAKESHORE RPC may take any one, or more, or all, of the

following actions:

8.2.1. give the Consultant 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) days from the date of the notice; and if the Event

of Default is not timely remedied, terminate this Agreement, effective two (2) days after giving the Consultant

notice of termination; and

8.2.2. give the Consultant 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

Consultant during the period from the date of such notice until such time as the LAKESHORE RPC determines that

the Consultant has cured the Event of Default shall never be paid to the Consultant; and

8.2.3. set off against any other obligations the LAKESHORE RPC may owe to the Consultant any damages the

LAKESHORE RPC or the State suffers by reason of any Event of Default; and

8.2.4. treat the Agreement as breached and pursue any of its remedies at law or in equity, or both.

9. DATA: ACCESS; CONFIDENTIALITY; PRESERVATION.

9.1. As used in this Agreement, the word “data” shall mean all 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 unfinished.

9.2. On and after the Effective Date, all data, and any property which has been received from the LAKESHORE

RPC or purchased with funds provided for that purpose under this Agreement, shall be the property of the

LAKESHORE RPC, and shall be returned to the LAKESHORE RPC upon demand or upon termination of this

Agreement for any reason.

9.3. Confidentiality of data shall be governed by RSA 91-A or other existing law. Disclosure pursuant to a right to

know request shall require prior written approval of the LAKESHORE RPC.

10. TERMINATION. In the event of an early termination of this Agreement for any reason other than the

completion to the Services, the Consultant shall deliver to the Contracting Officer, not later than fifteen (15) days

after the date of termination, a report (“the Termination Report”) describing in detail all Services performed, and the

Contract Price earned, to and including the date of termination. To the extent possible, the form, subject matter,

content, and number of copies of the Termination Report shall be identical to those of any Final Report described in

EXHIBIT A. In addition to report specifications set forth in EXHIBIT A, the Consultant shall provide two (2)

complete electronic copies of the Termination Report with each copy on a separate thumb/flash drive.

11. CONSULTANT’S RELATION TO THE STATE. In the performance of this agreement the Consultant is in

all respects an independent contractor, and is neither an agent nor an employee of the LAKESHORE RPC or the

State. Neither the Consultant nor any of its officers, employees, agents or members or subcontractors shall have

authority to bind the LAKESHORE RPC or the State or receive any benefits, worker’s compensation or other

emoluments provided by the LAKESHORE RPC or the State to their respective employees.

12. ASSIGNMENT, DELEGATION AND SUBCONTRACTS. The Consultant shall not assign, or otherwise

transfer any interest in this Agreement without the prior written consent of the LAKESHORE RPC. None of the

Services shall be delegated or subcontracted by the Consultant without the prior written consent of the

LAKESHORE RPC.

13. INDEMNIFICATION. The Consultant shall defend, indemnify and hold harmless the State, its officers and

employees, and the LAKESHORE RPC and its commissioners and employees and any contractor or subcontractor

of the LAKESHORE RPC not a party to this Agreement from and against any and all losses suffered by the State, its

officers and employees, the LAKESHORE RPC and its commissioners and employees, or any contractor or

subcontractor of the LAKESHORE RPC not a party to this Agreement and any and all claims, liabilities or penalties

asserted against the State, its officers and employees, the LAKESHORE RPC and its commissioners and employees,

or any contractor or subcontractor of the LAKESHORE RPC not a party to this Agreement by or on behalf of any

May 22, 2018

Page 4 of 8

person, on account of, based or resulting from, arising out of (or which may be claimed to arise out of) the acts or

omissions of the Consultant. Notwithstanding the foregoing, nothing herein contained shall be deemed to constitute

a waiver of the sovereign immunity of the State, which immunity is hereby reserved to the State. This covenant

shall survive the termination of this Agreement.

14. INSURANCE AND BOND.

14.1. The Consultant shall, at its sole expense, obtain and maintain in force, and shall require any subcontractor/sub-

consultant or assignee to obtain and maintain in force, both for the benefit of the State, the following insurance:

14.1.1 comprehensive general liability insurance against all claims of bodily injury, death or property damage, in

amounts of not less than $1,000,000 per occurrence and $2,000,000 aggregate; and

14.1.2 special cause of loss coverage insurance covering all property subject to subparagraph 9.2 of these general

provisions, in an amount not less than 80% of the whole replacement value of the property.

14.2. The policies described in subparagraph 14.1herein 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 Consultant shall furnish to the Contracting Officer identified in block 1.9, or his or her successor, a

certificate(s) of insurance for all insurance required under this Agreement. Consultant shall also furnish to the

Contracting Officer identified in block 1.9, or his or her successor, certificate(s) of insurance for all renewal(s) of

insurance required under this Agreement no later than thirty (30) days prior to the expiration date of each of the

insurance policies. The certificate(s) of insurance and any renewals thereof shall be attached and are incorporated

herein by reference. Each certificate(s) of insurance shall contain a clause requiring the insurer to provide the

Contracting Officer identified in block 1.9, or his or her successor, no less than thirty (30) days prior written notice

of cancellation or modification of the policy.

15. PROTECTCION OF PROPERTY. The Consultant shall take all reasonable and proper precautions to

prevent damage to property, visible or concealed, and, where applicable, shall restore the property to substantially

the same condition existing prior to the Consultant's entry.

16. WORKER’S COMPENSATION

16.1. By signing this Agreement, the Consultant agrees, certifies and warrants that the Consultant is in compliance

with or exempt from, the requirements of N.H. RSA chapter 281-A (“Workers’ Compensation”).

16.2. To the extent the Consultant is subject to the requirements of N.H. RSA chapter 281-A, Consultant 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. Consultant shall

furnish the Contracting Officer identified in block 1.9, or his or her 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. Neither the LAKESHORE RPC nor the State shall be responsible for

payment of any Workers’ Compensation premiums or for any other claim or benefit for Consultant, or any

subcontractor or employee of Consultant, which might arise under applicable State of New Hampshire Workers’

Compensation laws in connection with the performance of the Services under this Agreement.

17. WAIVER OF BREACH. No failure by the LAKESHORE RPC or the State to enforce any provisions hereof

after any Event of Default shall be deemed a waiver of its rights with regard to that event, or any subsequent Event.

No express failure of any Event of Default shall be deemed a waiver of the right of the LAKESHORE RPC or the

State to enforce each and all of the provisions hereof upon any further or other default on the part of the Consultant.

18. 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.

19. AMENDMENT. This Agreement may be amended, waived or discharged only by an instrument in writing

signed by the parties hereto.

May 22, 2018

Page 5 of 8

20. CONSTRUCTION OF AGREEMENT AND TERMS. This Agreement shall be construed in accordance

with the laws of the State of New Hampshire, and is binding upon and inures to the benefit of the parties and their

respective successors and assigns. 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.

21. THIRD PARTIES. The parties hereto do not intend to benefit any third parties and this Agreement shall not

be construed to confer any such benefit.

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. The additional provisions set forth in the attached EXHIBIT C hereto are

incorporated herein by reference.

24. SEVERABILITY. 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.

25. 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 relating hereto.

[Remainder of page intentionally left blank]

May 22, 2018

Page 6 of 8

EXHIBIT A

SERVICES

A-1. The scope of the services (“Services”) to be provided by Consultant pursuant to this

Agreement shall be … [insert description of scope of services].

A-2. Contract Price and payment terms are as specified in Exhibit B to this Agreement.

May 22, 2018

Page 7 of 8

EXHIBIT B

CONTACT PRICE

The tasks to be performed under this Agreement are set forth in Exhibit A, Services. In payment

for Services rendered, the Consultant shall bill LAKESHORE RPC [insert negotiated payment

terms].

The LAKESHORE RPC shall pay by check or bank wire each invoice submitted in accordance

with this Agreement within 30 days of receipt, not to exceed the Contact Price inclusive of all

expenses.

May 22, 2018

Page 8 of 8

EXHIBIT C

ADDITIONAL PROVISIONS

C-1. This Agreement consists of the General Provisions, Exhibits A-C, and any other

document(s) specifically incorporated herein by reference in Exhibits A-C. These Agreement

documents are complementary, and what is required by one shall be binding as if required by all.

Notwithstanding any provision of these Agreement documents to the contrary, the Agreement

documents shall be interpreted on the basis of the following priorities for all purposes, including,

without limitation, resolving disputes, discrepancies and/or conflicts among the Agreement

documents or within any of the Agreement documents:

A. Written amendments to the Agreement signed by both parties – those of a later date shall take

precedence over those of an earlier date;

B. The General Provisions;

C. Exhibit C;

D. Exhibit B;

E. Exhibit A; and,

F. Any document incorporated by reference in Exhibit A.