A.Valley View RFP-Final.pdf

EASTERN CONNECTICUT CONSERVATION DISTRICT, INC.

REQUEST FOR PROPOSALS

PROPOSAL INSTRUCTIONS AND CONDITIONS

239 Wolf Den Road

Brooklyn, CT 06234

NOTICE TO BUILD COMPANIES

September 24, 2026

GENERAL INFORMATION AND REQUEST FOR PROPOSALS FOR

A BUILD PROJECT

EASTERN CONNECTICUT CONSERVATION DISTRICT, INC. (ECCD) is issuing this Request for Proposals

(RFP) for the selection of a Build Company (BUILDER) to Build an upcoming capital project. The proposals shall consist of qualifications, experience, financial proposal and staffing plan.

BUILDERs that are interested in being considered must submit a Proposal in response to this RFP on or before 11:59P.M. on November 1, 2026.

A mandatory preproposal meeting will be held at 10:00A.M. on October 13, 2026 at 80 East Clark

Falls Road, North Stonington, CT and further discussed in Appendix A.

The successful BUILDER will be determined solely from the Proposals. However, the OWNER reserves the right to interview all or some of the proposal respondents if it so chooses.

The proposal shall be submitted by email to Dan.Mullins@concast.net with the subject “Proposal for

Valley View Farm”.

ECCD reserves the right to amend the RFP based on questions and issues raised during the conduct of this solicitation.

mailto:Dan.Mullins@concast.net

Enclosures:

APPENDIX A: PRE-PROPOSAL CONFERENCE AND SITE VISITS

APPENDIX B: PROPOSAL FORMS

APPENDIX C: GENERAL TERMS AND CONDITIONS

APPENDIX D: ADDITIONAL TERMS AND CONDIONS

ATTACHMENTS

Contract Documents (Plans & Technical Specifications)

- 136’-8” x 336’ x 14’/27’ Freestall Barn with (2) Attached Buildings - Valley View Farm, Ephrata Engineering (1-5-26)

- NRCS Spec Package Valley View

- Deep Manure Storage Tank – Valley View Farm, Ephrata Engineering (12-11-26)- Not in

Contract-For Reference & Coordination ONLY

- DeLaval Voluntary Milking System (VMS) – Not in Contract- For Reference & Coordination

ONLY

- Valley View Farm Building & WSF, Natural Resources Conservation Service (2-2026)- Not in

Contract-For Reference & Coordination ONLY

Permits

Valley View Farm has obtained the required Town of North Stonington municipal permits

REQUEST FOR PROPOSALS FOR A BUILD PROJECT

I. PROJECT DESCRIPTION

The objective of this Request for Proposals (RFP) is to solicit proposals for a new free-stall barn and agricultural waste management facilities to improve waste storage and management at Valley View

Dairy. Additional information is provided below.

A. The project will take place at 80 East Clarks Falls Road, North Stonington, CT.

B. The engineered designs provide detailed engineered drawings of the free-stall barn and agricultural waste management facilities (reception pit).

Contract Documents (Attached)

Freestall Barn Plan Sheets

Cover Sheet -- Project Description & Notes

Sheet 01 -- Floor Plan, Floor/Wall Construction Joints, Floor/Wall Control Joints, Typical

Corner Detail, Retaining Wall Detail, Manure Collection Channel Detail

Sheet 02 -- Cross Section A/2, Cross Section B/2, View 1 of Floor Plan, 2 Ply Header

Details, 3 Ply Header Detail

Sheet 03 -- Cross Section C/3, Cross Section D/3, Views 2&3 of Floor Plan

Sheet 04 -- K-Brace Elevation, Details B-B/4, C-C/4, D-D/4, Cross Section E/4, Typical

Ramp Curb Detail, Steel Panel Fastening Detail, SWP84 Bracket

Sheet 05 -- Roof Framing Plan, Bracing Details, 8"x8" Curb Detail, Bollard Detail

Sheet 06 -- Pit Foundation Plan, Cross Section F/6, Cross Section G/6, Future Manure

Pump Details, Pipe Thru Wall Details

Sheet 07 - Typical Corner Detail, Wall/Floor Construction Joints, Wall/Floor Control

Joints, Elevations

The plans below are not in the contract and the projects will contract separately by Valley

View Farms. They are provided for reference and any coordination considerations required for the construction of the Freestall Barn.

• 120’x12’ Deep Manure Storage Tank (4 sheets)

• Valley View Farm Building & WSF, Natural Resources Conservation Service (2-2026)-

Not in Contract-For Reference & Coordination (15 sheets)

• DeLaval Voluntary Milking System (VMS) (8 sheets)

C. Site excavation, grading, backfilling, plumbing, electrical, sanitary and milking systems will be performed under separate contracts with the Owner. The Owner is responsible for coordination between various contract work items.

D. See attached Supplemental Plan/Specification information that clarifies scope items included, not included or added to the Contract Documents

II. FUNDING SOURCES

The following are the funding sources for this project, which are in place

- Long Island Sound Futures Fund, US Environmental Protection Agency (USEPA) and

National Fish and Wildlife Foundation (NFWF) - Grant administered by Eastern CT

Conservation District (ECCD).

- National Resources Conservation Service (NRCS)

- Valley View Dairy, LLC (OWNER)

III. PROJECT PERMITTING/APPROVALS

The following describes the permitting and approval process for this project. All permits/approvals, other than the Inland Wetlands permit and building/zoning permits obtained by the OWNER, are the responsibility of the selected Builder.

- Inland Wetlands Permit Obtained

- Zoning Permit

- Building Permit approval from the Town of North Stonington Building Official

- Periodic Construction Inspection by OWNER, NRCS and ECCD

- Building permit closeout from the Town of North Stonington Building Official

- Final Project Completion by OWNER, NRCS and ECCD

IV. PROJECT SCHEDULE

The following are the schedule goals for this project:

- Notice to Proceed - March 16, 2027

- Initiate Construction- April 2027

- Anticipated Project Completion – October 2027

V. GENERAL INFORMATION

The qualifications, experience, financial terms and staffing plan the BUILDER is proposing to implement will be evaluated and ranked. Written questions will be received by ECCD until 11:59P.M.

on October 3, 2026. Questions shall ONLY be submitted in writing to Dan Mullins ECCD, at

Dan.Mullins@comcast.net.

VI. RFP PROCEDURES

A. Point of Contact

Dan Mullins, Assistant for Special Projects, ECCD

Dan.mullins@comcast.net

Benjamin.Learned@gmail.com , OWNER

B. Submission of Proposal / Sample CEA

Respondent must submit a signed pdf of their Proposal to:

Dan.Mullins@comcast.net

C. Proprietary Information

Information that the proposer wishes to have treated as proprietary and confidential trade information should be identified and labeled "Confidential" or "Proprietary" on each page at the time of disclosure. This information should include a written request to except it from disclosure, including a written statement of the reasons why the information should be excepted. If ECCD concurs, ECCD will protect such material from disclosure. If, however, such materials are required by law to be disclosed, ECCD will notify the respondent.

D. Modification or Withdrawal of Proposals

Any proposal may be withdrawn or modified by written request of the proposer, provided such request is received by ECCD (Dan.Mullins@comcast.net) prior to the date and time set for receipt of proposals.

E. Right to Reject Proposals

This RFP does not commit ECCD to award a contract, pay any cost incurred in the preparation of a proposal in response to this RFP, or procure or contract for services. ECCD intends to award a contract on the basis of the best interest of and advantage to the OWNER, and reserves the right to accept or reject any or all proposals received as a result of this request.

ECCD reserves the right to negotiate with all qualified proposers, or to cancel this RFP in part or in its entirety, if it is in the best interest of the OWNER to do so.

VII. PROPOSAL: FORMAT AND CONTENTS

Proposals must be submitted in the format outlined in this section. The OWNER reserves the right to eliminate from further consideration any submittals deemed to be substantially or materially non-responsive to the requests for proposal contained herein.

Section 1 - Statement of Qualifications Proposer must include the following elements in response to this RFP:

(a) Name and address of firm

(b) Telephone and emails.

(c) Names, titles, and e-mail address of two people authorized to represent the firm on mailto:Dan.mullins@comcast.net mailto:Benjamin.Learned@gmail.com this project, and answer any questions presented by ECCD.

(d) Year firm was established.

(e) Quantity and type of licensed and/or certified professionals in office that will support this project.

Section 2 - Project Experience Proposer must describe three projects that best exemplify the range of technical services provided by the BUILDER for a project similar to this one. Each project description

(not to exceed 2 pages) should include:

(a) Customer's name and address

(b) Total contract cost.

(c) Type of contract; (e.g., design-build, construction management).

(d) Name and telephone number of references for the project. (ECCD presumes permission to contact).

(e) Brief description of the project's scope of services and status. Include type of facility at which project was implemented, whether the project was completed on the original schedule and whether significant problems occurred that affected project performance. This section should be used to demonstrate the firm’s experience in completing a project using the technologies relevant to the OWNER’s facilities.

Section 3 – Staffing Plan This section should include a complete description of the individual experience and qualifications of the proposed project staff. The staffing plan should include name, title, experience and relevant duties of each individual active in this specific project. No credit will be granted during the evaluation process for the experience of anyone who will not be directly involved in implementing this project. Provide an organizational chart.

Identify members of the proposed project team involved with the sample projects listed in Section 2 and their current primary office location.

Section 4 – Technical Capability

The proposal response must explain the approach your organization will take in delivering the comprehensive technical services required to procure and construct the project. Describe the process to be followed in prequalifying, selecting and managing subcontractors.

Section 5 - Financial Terms

A signed Official Statement of Proposer form, included in Appendix B, shall be attached in the

BUILDER’s proposal.

VIII. THE SELECTION PROCESS

A. Timetable

ECCD expects to undertake the selection process according to the following schedule:

• Deadline for receipt of written questions: October 3, 2026

• Mandatory Site Visit October 13, 2026

• Follow-up Questions/Requests for Clarification October 20, 2026

• Proposal Submission November 1, 2026

• BUILDER interviews (at THE OWNER’s discretion) DATE TBD

• BUILDER selection November 16, 2026

Section 6 – Project Schedule

The BUILDER should describe how the Section IV Project Schedule will be met and identify any anticipated issues.

B. Proposal Evaluation Criteria

Upon review of proposals received in response to this RFP, ECCD expects to select a single

BUILDER to provide comprehensive construction services as outlined above.

Proposals will be evaluated on the basis of the following criteria:

1. Qualifications and Project Experience Rating

(Proposal Sections 1 & 2)

Demonstrated experience with similar projects as reported in the Statement of Qualifications and Experience and responses from project references.

All references must be for the “responding BUILDER” operating under its existing name and must be for the “responding BUILDER” as a company. References will not be for an individual person, but for the Company as a whole.

2. In-house Staffing Plan

(Proposal Section 3)

Qualifications of proposed number of licensed and certified professionals (not including unrelated subcontractors), documented technical and project administration skills, licensure, certification and experience of the proposed project team. Only those individuals proposed to work directly on the subject project should be included in the Staffing Plan. Consistency of staff in the example projects and the proposed team should be ranked higher. Also, project teams that are primarily or completely composed of staff from the proposer or related companies should be ranked higher.

3. Technical Capability

(Proposal Section 4)

Quality and comprehensiveness of the technical project approach, project portfolio, value engineering, and the approach to project management and subcontractor selection process.

4. Financial Terms

(Proposal Section 5 and Appendix B)

Bid price and any cost qualifications by Builder.

5. Project Schedule

6. Official Statement of the Proposer

(Proposal Appendix B)

7. Interview (Optional)

IX. GENERAL CONDITIONS

The General Conditions that will apply to this contract are included in Appendix C. Additional Terms and Conditions that will apply to this contract are included in Appendix D.

APPENDIX A-

PRE-PROPOSAL CONFERENCE AND SITE VISITS

ECCD, NRCS and the OWNER will conduct a Mandatory pre-proposal conference and walk-through inspection tour of the project site included in this RFP on October 13, 2026 at 10:00a.m. The pre-proposal conference will be held first with ECCD, NRCS and the OWNER, with the walk through to begin immediately thereafter. OWNER, officials and project consultants will be present to answer questions regarding the RFP and the project. Builders interested in attending the conference must contact Dan Mullins at Dan.Mullins@comcast.net no later October 12, 2026.

Proposals will be accepted only from Builders represented at the pre-proposal conference. Following the conference, arrangements can be made by contacting the person named above to make an additional site visit(s) for the purpose of gathering additional information.

APPENDIX B

BID FORM

For: Eastern CT Conservation District, Inc. (for Valley View Dairy, LLC)

239 Wolf Den Road

Brooklyn, CT 06234

Date

Name of Bidder

Address

City, State, Zip Code

To Whom It May Concern:

The undersigned herewith submits a bid pursuant to your Request for Proposals for the specific applicable contract to comply with all permitting inspection requirements, and provide labor, supervision, equipment, and material necessary for the Valley View Dairy free-stall barn and agricultural waste management (retention pit) facilities in North Stonington, Connecticut.

This Bidder has carefully examined the project site, the Request for Proposals and proposes and agrees, if this bid is accepted, to work under an original contract with ECCD and the OWNER in a form prescribed by ECCD and the OWNER to fulfill all the obligations of the Contractor as set forth in the Request for Proposals, and all Addenda issued thereto and receipt of which is hereby acknowledged, and to do all work in the manner described therein, within the required project schedule, and at the prices stated in this bid form for the work. Execution of the Bid Form by the

Bidder constitutes acceptance of the terms and conditions of the Contract Documents.

ADDENDA RECEIPT

Receipt of the following Addenda is hereby acknowledged:

Addendum No. ____________________ Dated______________

Addendum No. ____________________ Dated______________

TOTAL LUMP SUM BID $______________

RESPECTFULLY SUBMITTED:

Signature Address

Title Date

License Number (if applicable)

(Seal – if bid by a corporation)

Attest

In addition to completing the Project Bid Form, the Contractor shall provide the following information with the Bid Form.

▪ In the case of a limited liability company (LLC), a complete list of the names and addresses of all members of the LLC.

▪ A list of all subcontractors, material suppliers, transporters, and treatment/disposal facilities, etc., which the Contractor intends to use to perform the work.

▪ Rate sheets showing total unit costs (including profit) for labor and equipment that would apply to services beyond those identified in the scope of work.

The Total Base Bid shall include the cost for all work in the Contract Documents.

APPENDIX C

GENERAL Terms and CONDITIONS

1. GENERAL

The Build Contractor (Contractor) shall furnish all materials, equipment, tools, labor, and incidentals necessary to complete all items of this build project. ECCD reserves the right to eliminate from the Contract any Work when it deems it to be in the best interest of the OWNER.

The Contractor shall be responsible for providing the OWNER and ECCD certificates of insurance or any other documents required to perform the indicated Work.

2. LAYOUT OF WORK

The layout of the work is the responsibility of the Contractor.

3. PAYMENT TO THE CONTRACTOR

ECCD or the Owner shall pay the Contractor for the performance of the Contract work in the total negotiated sum (the “Contract Sum”), subject to such additions and deductions as provided in this Agreement. The Contract Sum will be paid to the Contractor on a “Per Unit” basis, upon completion of each individual unit. Funding for this project is provided primarily by grants, which pay upon completion of major project elements. Following receipt of invoices and certification of relevant practices by NRCS, OWNER and ECCD, ECCD or the Owner shall pay the Contractor upon receipt of corresponding funds from funders.

PROGRESS PAYMENTS may be made on the Contract Sum to the Contractor when a discrete portion of work is complete based on the pricing estimates shown in the scope of work. It shall be at the discretion of OWNER and ECCD to determine the percent complete and to calculate the resulting draw amount for each item based on the payment schedule on the resulting Contract.

Invoices for progress payments must include detailed information about the work completed, what unit(s) the work is for. Final payment shall be made and all retainage released when all work has been completed, inspected, and approved and the Contractor has provided lien releases for all work and material provided prior to final payment.

The Contractor agrees that he will indemnify and hold OWNER and ECCD and its agents harmless against any and all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, material men, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of the performance of this Contract. The Contractor shall, at ECCD’s or the OWNER's request, furnish satisfactory evidence that all obligations of the nature herein above designated have been paid, discharged or waived. If the Contractor fails to do so, then ECCD or the OWNER may, after having served written notice on the Contractor, either pay unpaid bills of which the Owner has written notice, direct or withhold from the Contractor's unpaid compensation a sum of money deemed reasonably sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed in accordance with the terms of this Contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon ECCD or the OWNER, to the Contractor.

In paying any unpaid bills of the Contractor, ECCD and the OWNER shall be deemed the agent of the Contractor, and any payment so made by ECCD or the OWNER shall be considered as a payment made under the Contract by ECCD or the OWNER to the Contractor, and ECCD and the

OWNER shall not be liable to the Contractor for any such payment made in good faith.

4. USE OF PREMISES AND REMOVAL OF DEBRIS

The Contractor expressly undertakes at his own expense:

A. To take every precaution against injuries to persons, animals or damage to property;

B. To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the OWNER’s operations, or the work of any other contractors;

C. To place upon the work or any part thereof only such loads as are consistent with the safety of that portion of the work;

D. To clean up all refuse, rubbish, scrap materials, and debris caused by his/her operations on a daily basis so that the site of the work shall present a neat, orderly and workmanlike appearance at all times;

E. To remove all surplus material, false work, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his/her operations, and to put the site in a neat and orderly condition before final payment;

5. INDEMNIFICATION

The Contractor shall indemnify and hold harmless the OWNER, USEPA, NRCS, NFWF and ECCD against any and all damages to property or injuries to or death of any person or persons, including property and employees or agents of the OWNER, USEPA, NRCS, NFWF and ECCD, and shall defend, indemnify and save the same harmless from any and all claims, demands, suits, actions or proceedings of any kind or nature including workmen’s compensation claims, of or by anyone whomsoever in any way resulting from or arising out of the operations in connection herewith, including operations of subcontractors and acts or omissions of employees or agents of Contractor or his subcontractors. Insurance coverage specified herein and in any special conditions constitutes the minimum requirements and said requirements shall in no way lessen or limit the liability of the Contractor under the terms of the contract. The Contractor shall procure and maintain, at his own cost and expense, any additional kinds and amount of insurance which in his own judgment, may be necessary for his proper protection in the execution of his work. The

Contractor agrees to well and truly save and indemnify and hold harmless the OWNER, USEPA, NRCS, NFWF and ECCD against all liability, judgments, costs and expenses which may in any way come against the OWNER, USEPA, NRCS, NFWF and ECCD or which may in any way result from carelessness, omission or neglect of the Contractor or his agents, employees or workmen in any way arising or resulting from the operation in connection herewith. Any additional cost of this save harmless insurance coverage shall be included in the price of the contract.

6. INSURANCE REQUIREMENTS

The successful bidder must within five (5) days from the notice of intent to award, file with the

OWNER, Workmen’s Compensation, Comprehensive General Liability, Comprehensive Auto

Liability, Certificates of Insurance satisfactory to the OWNER and ECCD, in compliance with the law, and in the following form and amount. The OWNER, USEPA, NRCS, NFWF and ECCD shall be named as additional insured.

COMPREHENSIVE GENERAL LIABILITY:

Premises - Operations Products/Completed Operations

General Aggregate $2,000,000

Occurrence $1,000,000

COMPREHENSIVE AUTOMOBILE LIABILITY

Bodily Injury $1,000,000 Each Person

$3,000,000 Each Occurrence

Property Damage $1,000,000 Each Occurrence

WORKMEN’S COMPENSATION Statutory

EMPLOYERS LIABILITY $ 500,000 Each Accident

7. DUST CONTROL

The Contractor will be required to minimize the off-site migration of particulate matter. In addition, if odors are detected, the Contractor will be required to control the emission of these substances so that ambient air concentrations are below applicable health-based action levels and standards.

10. SAFETY

The Contractor shall comply with all requirements of the Occupational Safety and Health Act

(OSHA). The Contractor shall provide the name of his/her "competent person" who is responsible for all aspects of project safety.

The Contractor shall erect and maintain such barriers, lighting, warning lights, danger warning signals, and signs that will prevent accidents during the construction work and protect the work and insure the safety of personnel and the public at all times and places; the Contractor shall indemnify and protect the OWNER, USEPA, NRCS, NFWF and ECCD in every respect from injury or damage whatsoever caused by any act of neglect by the Contractor or his subcontractors, or their servants or agents, including any claims arising out of failure to erect and maintain sufficient railing or fence as required by Section 13a-111 Connecticut General Statutes as amended.

The Contractor shall be responsible for excluding at all times from the project area all persons not directly connected with the work.

11. COORDINATION WITH UTILITIES

The Contractor shall be responsible for clearing utilities within the work areas, including, but not limited to, contacting CT Call Before You Dig.

12. TEMPORARY UTILITIES

There is no utility service (e.g., water, electric and sanitary) available at the site. The Contractor is required to provide any required utilities.

13. FEDERAL CONTRACTING REQUIREMENTS

The requirements of the Office of Management and Budget Title 2 Contracting Provisions for Non-Federal

Entity Contracts under Federal Awards apply including, but not limited to:

Build America, Buy America

This project is subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117- 58, §§ 70911- 70917). The

Contractor selected to conduct the work is solely responsible for assuring that all materials and supplies procured for the project are made in America (as defined in Appendix D, Section 11, Domestic

Preference for Procurements and Appendix D, Section 12.1 Build America, Buy America).

See Appendix D for Additional Terms and Conditions related to federal contracting and procurement procedures.

14. PROJECT BONDING REQUIREMENTS

A bid guarantee from each bidder equivalent to five (5%) percent of the bid price. The "bid guarantee" must consist of a firm commitment such as a bid bond, certified check, or other negotiable instrument accompanying a bid as assurance that the bidder will, upon acceptance of the bid, execute such contractual documents as may be required within the time specified.

A performance bond on the part of the contractor for one-hundred (100%) percent of the contract price. A "performance bond" is one executed in connection with a contract to secure fulfillment of all the contractor's requirements under such contract.

A payment bond on the part of the contractor for one-hundred (100%) percent of the contract price.

A "payment bond" is one executed in connection with a contract to assure payment as required by law of all persons supplying labor and material in the execution of the work provided for in the contract.

APPENDIX D

Additional Terms and Conditions

SECTION ONE

1. The CONTRACTOR shall: (1) abide by all applicable granting and contracting procedures, including but not limited to those requirements of the OMB Uniform Guidance (2 C.F.R. Part 200); (2) ensure that all applicable federal, state and local requirements are properly flowed down to sub-contractors, including but not limited to the applicable provisions of the OMB Uniform Guidance (2 C.F.R. Part

200); and (3) ensure that such subaward or contracting complies with the requirements in Section 3 of this Contract concerning Compliance with Laws.

2. Stop-work Order or Termination. If for any reason, NFWF issues a stop-work order or terminates its agreement with Eastern Connecticut Conservation District (ECCD), the CONTRACTOR will be subject to the stop-work order until such time as NFWF cancels the stop-work order, or if NFWF terminates its agreement with ECCD, then ECCD’s contract with the CONTRACTOR is terminated as well.

a. If ECCD is subject to a stop-work order or termination of its agreement with NFWF, and

ECCD issues a stop-work order or terminates its agreement with the CONTRACTOR, the

CONTRACTOR will undertake all reasonable steps to wind down the Project cooperatively with

ECCD including but not limited to the following:

i. Stop any portion of the Project’s work that is incomplete.

ii. Place no further work orders or enter into any further subawards or contracts for materials, services, or facilities, except as necessary to complete work as specified in

ECCD’s notice.

iii. Terminate all pending Project work orders, subawards, and contracts for work that has not yet commenced.

iv. With the prior written consent of ECCD, promptly take all other reasonable and feasible steps to minimize and/or mitigate any damages that may be caused by the failure to complete the Project, including but not limited to reasonable settlements of any outstanding claims arising out of termination of Project work orders, subawards, and contracts. ECCD will reimburse the CONTRACTOR for non-cancelable allowable costs incurred by the CONTRACTOR prior to termination that cannot be mitigated.

However, the foregoing is subject to the complete reimbursement of such costs by

National Fish and Wildlife Foundation.

3. Compliance with Laws.

3.1. In General. By execution of this Agreement and through its continued performance hereunder, the CONTRACTOR represents, certifies and agrees that it is and shall continue to conduct all such activities in compliance with all applicable federal, state, and local laws, regulations, and ordinances and to secure all appropriate necessary public or private permits and consents. The terms of this provision will survive termination of this Agreement and must be flowed down to any and all subcontracts entered into by the CONTRACTOR in the performance of this Contract.

3.2. Compliance with Anti-Corruption Laws. The CONTRACTOR represents, certifies and agrees to ensure that no payments have been or will be made or received by the CONTRACTOR in connection with this Contract in violation of the U.S. Foreign Corrupt Practices Act of 1977, as amended (15 et seq.), or any other applicable anti-corruption laws or regulations (e.g., UK Bribery Act 2010) in the countries in which the CONTRACTOR performs under this Contract.

3.3. Compliance with Anti-Terrorism Laws. The CONTRACTOR represents, certifies and agrees not to provide material support or resources directly or indirectly to, or knowingly permit any funds provided by the Owner, USEPA, NRCS, NFWF and ECCD pursuant to this Contract or Matching Contributions to be transferred to, any individual, corporation or other entity that the CONTRACTOR knows, or has reason to know, commits, attempts to commit, advocates, facilitates, or participates in any terrorist activity, or has committed, attempted to commit, advocated, facilitated or participated in any terrorist activity, including, but not limited to, the individuals and entities (1) on the master list of Specially

Designated Nationals and Blocked Persons maintained by the U.S. Department of Treasury s Office of Foreign Assets Control, which list is available at www.treas.gov/offices/enforcement/ofac; (2) on the consolidated list of individuals and entities maintained by the 1267 Committee of the United

Nations Security Council at http://www.un.org/sc/committees/1267/aq_sanctions_list.shtml; (3) on the consolidated list maintained by the U.S. Department of Commerce at http://export.gov/ecr/eg_main_023148.asp, or (4) on such other list as NFWF may identify from time to time.

3.4. Compliance with Additional Laws and Restrictions. The CONTRACTOR represents, certifies and agrees to ensure that its activities under this Contract comply with all applicable U.S. laws, regulations and executive orders regarding money laundering, terrorist financing, U.S. sanctions laws, U.S. export controls, restrictive trade practices, boycotts, and all other economic sanctions or trade restrictions promulgated from time to time by means of statute, executive order, regulation or as administered by the U.S. Department of State, the Office of Foreign Assets Control, U.S.

Department of the Treasury, or the Bureau of Industry and Security, U.S. Department of Commerce.

4. Trafficking in Persons. Pursuant to section 106(a) of the Trafficking Victims Protection Act of

2000, as amended (22U.S.C. 7104(g)) (codified at 2 C.F.R. Part 175), the Contractor shall comply with the below provisions. Further, the CONTRACTOR shall flow down these provisions in all subcontracts, including a requirement that Subcontractors similarly flow down these provisions in all lower-tiered subcontracts. The provision is cited herein:

a. Trafficking In Persons

1. Provisions applicable to a recipient that is a private entity. You as the recipient, your employees, subrecipients under this award, and subrecipients' employees may not --

i. engage in severe forms of trafficking in persons during the period of time that the Contract is in effect;

ii. procure a commercial sex act during the period of time that the Contract is in effect; or

iii. use forced labor in the performance of the Contract or subcontracts under the Contract.

b. Provisions applicable to any recipient.

1. You must inform ECCD immediately of any information you receive from any source alleging a violation of a prohibition in paragraph a.1 of this Contract term.

c. Definitions. For purposes of this Contract:

1. Employee means either:

i An individual employed by you or a subcontractor who is engaged in the performance of the project or program under this Contract; or

ii. Another person engaged in the performance of the project or program under this Contract and not compensated by you including, but not limited to, a volunteer or individual whose services are contributed by a third party as an in-kind contribution toward cost sharing or matching requirements.

iii. Forced labor means labor obtained by any of the following methods: the recruitment, harboring, transportation, provision, or obtaining of a person for labor or services, through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery.

2. Private entity:

i. Means any entity other than a State, local government, Indian tribe, or foreign public entity, as those terms are defined in 2 CFR 175.25.

ii. Includes:

A. a nonprofit organization, including any nonprofit institution of higher education, hospital, or tribal organization other than one included in the definition of Indian tribe at 2 CFR 175.25(b).

B. a for-profit organization.

3. “Severe forms of trafficking in persons,” “commercial sex act”, and “coercion” have the meanings given at section 103 of the TVPA, as amended (22U.S.C. 7102).

5. 41 United States Code (U.S.C.) 4712, Enhancement of Recipient and Subrecipient Employee

Whistleblower Protection:

(a) This Contract, related subcontracts, and related contracts over the simplified acquisition threshold and all employees working on this Contract and related subcontracts, and related contracts over the simplified acquisition threshold are subject to the whistleblower rights and remedies established at 41 U.S.C. 4712.

(b) The CONTRACTOR shall inform their employees in writing, in the predominant language of the workforce, of the employee whistleblower rights and protections under 41 U.S.C. 4712.

(c) The CONTRACTOR shall insert this clause, including this paragraph (c), in all subawards and subcontracts.

6. USC Prohibition on Members of Congress Making Contracts with Federal Government.

No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this award, or to any benefit that may arise therefrom; this provision shall not be construed to extend to an award made to a corporation for the public’s general benefit. The CONTRACTOR shall flow down this provision in all subcontracts and contracts, including a requirement that subcontractors similarly flow down this provision in all lower-tiered subcontracts.

7. Executive Order 13513, Federal Leadership on Reducing Text Messaging while Driving.

The CONTRACTOR is encouraged to adopt and enforce policies that ban text messaging while driving, including conducting initiatives of the type described in section 3(a) of the order. The CONTRACTOR shall flow down this provision in all subcontracts, including a requirement that subcontractors similarly flow down this provision in all lower-tiered subcontracts.

8. 43 CFR 18, New Restrictions on Lobbying.

By execution of this Contract, the CONTRACTOR agrees to comply with 43 CFR 18, New Restrictions on Lobbying, and certifies to the following statements:

(a) No federal appropriated funds have been paid or will be paid, by or on behalf of the

CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, and officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

(b) If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a

Member of Congress, an officer or employee of Congress, or an employee of a Member of

Congress in connection with this Contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, Disclosure Form to Report

Lobbying in accordance with its instructions.

(c) The CONTRACTOR shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subcontractors shall certify accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification, as represented by execution of this Agreement, is a prerequisite for making or entering into this transaction imposed by Section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. All liability arising from an erroneous representation shall be borne solely by the entity filing that representation and shall not be shared by any entity to which the erroneous representation is forwarded. Submitting an erroneous certification or disclosure constitutes a failure to file the required certification or disclosure, respectively. If a person fails to file a required certification or disclosure, the

United States may pursue all available remedies, including those authorized by section

1352, title 31 of the U.S. Code.

9. Prohibition on Issuing Financial Assistance Awards to Entities that Require Certain Internal

Confidentiality Agreements.

The CONTRACTOR must not require their employees or subcontractors seeking to report fraud, waste, or abuse to sign internal confidentiality agreements or statements prohibiting or otherwise restricting such employees, subrecipients, or contractors from lawfully reporting such waste, fraud, or abuse to a designated investigative or law enforcement representative of a federal department or agency authorized to receive such information. The CONTRACTOR must notify their employees, subrecipients, or contractors that existing internal confidentiality agreements covered by this condition are no longer in effect.

10. Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment.

(Effective 8/13/2020)

As required by 2 CFR 200.216, the CONTRACTOR is prohibited from obligating or expending funds awarded under this Contract to procure or obtain; extend or renew a contract to procure or obtain; or enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that use covered telecommunications equipment or services from Huawei Technologies

Company, ZTE Corporation, Hytera Communications Corporation, Hangzhou Hikvision Digital

Technology Company, and Dahua Technology Company, or any other company, including affiliates and subsidiaries, owned or controlled by the People's Republic of China, which are a substantial or essential component of any system, or as critical technology as part of any system. By and through the CONTRACTOR’S execution of this Contract, the CONTRACTOR warrants and represents that the

CONTRACTOR will not obligate or expend funds awarded under this Contract for covered telecommunications equipment or services (as this term is defined and this restriction is imposed under 2 CFR 200.216).

11. Domestic Preference for Procurements.

a) Under this Contract and in accordance with 2 C.F.R. 200.322, the CONTRACTOR shall to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products).

b) For purposes of this agreement, the following definitions apply:

i. Produced in the United States means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the

United States; and

ii. Manufactured products means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

SECTION TWO: REPRESENTATIONS, CERTIFICATIONS, AND OTHER STATEMENTS RELATING TO

FEDERAL FUNDS -- FUNDING SOURCE SPECIFIC TO NATIONAL FISH AND WILDLIFE FOUNDATION

CONTRACTOR acknowledges that when all or part of this Contract is funded by a federal award that certain representations, certifications, and other statements relating to the use of such funds or performance of the Project may be necessary. These representations, certifications and other statements are set forth below. Unless otherwise stated in this Contract, the execution and submission of this Contract serves as affirmative acknowledgement of a Contract with the below representations, certifications, and other statements. Further, should circumstances of the

CONTRACTOR change during the performance of this Contract that would render one of these representations, certifications and/or other statements inaccurate, invalid or incorrect, the

CONTRACTOR shall promptly notify ECCD of such change in circumstance. Finally, ECCD reserves the right to update and require subsequent acknowledgement of an agreement with new or revised representations, certifications, and other statements at no additional cost under this Contract.

12. Environmental Protection Agency General Administrative Terms and Conditions.

CONTRACTOR must comply with the EPA general terms and conditions available at https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2021-or-later

12.1 Build America, Buy America

a. The CONTRACTOR is subject to the Buy America Sourcing requirements under the Build America, Buy America provisions of the Infrastructure Investment and Jobs Act (IIJA) (P.L. 117- 58, §§ 70911-

70917) for the types of infrastructure projects under the EPA program and activities specified in the chart, “Environmental Protection Agency's Identification of Federal Financial Assistance

Infrastructure Programs Subject to the Build America Buy America Provisions of the Infrastructure

Investment and Jobs Act”. None of the funds provided under this Contract may be used for a project of infrastructure unless all iron and steel, manufactured products, and construction materials that are consumed in, incorporated into, or affixed to an infrastructure project are produced in the United

States. The Buy America preference requirement applies to an entire infrastructure project, even if it is funded by both Federal and non-Federal funds. The CONTRACTOR must implement these requirements in its procurements, and these requirements must flow down to all subcontracts and contracts at any tier. For legal definitions and sourcing requirements, the CONTRACTOR must consult

EPA's Build America, Buy America website and the Office of Management and Budget’s (OMB)

Memorandum M-22-11, Initial Implementation Guidance on Application of Buy America Preference in

Federal Financial Assistance Programs for Infrastructure.

b. When supported by rationale provided in IUA §70914, the CONTRACTOR may submit a waiver request to EPA. The CONTRACTOR should request guidance on the submission instructions of an EPA waiver request from the EPA Project Officer for this agreement. A list of approved EPA waivers

(general applicability and project specific) is available on the EPA Build America, Buy America website.

12.2 Utilization of Disadvantaged Business Enterprise

GENERAL COMPLIANCE, 40 CFR, Part 33

The CONTRACTOR agrees to comply with the requirements of EPA's Disadvantaged Business

Enterprise (DBE) Program for procurement activities under assistance agreements, contained in 40

CFR, Part 33.

a. MBE/WBE CERTIFICATION, 40 CFR, Part 33, Subpart B EPA no longer certifies entities as

Minority-Owned Business Entities (MBEs) or Women-Owned Business Entities (WBEs) pursuant to a class exception issued in October 2019. The class exception was authorized pursuant to the authority in 2 CFR, Section 1500.3(b).

b. SIX GOOD FAITH EFFORTS, 40 CFR, Part 33, Subpart C

Pursuant to 40 CFR, Section 33.301, the CONTRACTOR agrees to make six good faith efforts whenever procuring construction, equipment, services and supplies under an EPA financial assistance agreement, and to require that prime subcontractors also comply. Records documenting compliance with the six good faith efforts shall be retained. The specific six good faith efforts can be found at: 40 CFR Section 33.301 (a)- (f).

c. CONTRACT ADMINISTRATION PROVISIONS, 40 CFR, Section 33.302 https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2021-or-later

The CONTRACTOR agrees to comply with the contract administration provisions of 40 CFR, Section 33.302 (a)-(d) and (i).

Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal Awards

The non-Federal entity's contracts must contain the applicable provisions described in appendix II to this part. Appendix II to Part 200—Contract Provisions for Non-Federal Entity Contracts Under Federal

Awards. In addition to other provisions required by the Federal agency or non-Federal entity, all contracts made by the non-Federal entity under the Federal award must contain provisions covering the following, as applicable.

13. Administrative, Contractual or Legal Remedies.

Contracts for more than the simplified acquisition threshold, which is the inflation adjusted amount determined by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations

Council (Councils) as authorized by 41 U.S.C. 1908, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate.

13.1. Arbitration.

All claims, disputes, and other matters in question arising out of, or relating to this Contract, its interpretation or breach, shall be decided through arbitration by a person or persons mutually acceptable to both ECCD and the CONTRACTOR. Notice of the demand for arbitration shall be made within a reasonable time, not to exceed three years, after the claim, dispute, or other matter in question has arisen. The award rendered by the arbitrator or arbitrators shall be final. The terms of this provision will survive termination of this Contract.

13.2. Indemnity.

The CONTRACTOR shall indemnify and hold harmless the OWNER, USEPA, NRCS, NFWF, ECCD and any Funding Source identified in ECCD’s Grant Agreement with NFWF, their respective officers, directors, agents, and employees in respect of any and all claims, injuries, losses, diminution in value, damages, liabilities, whether or not currently due, and expenses including without limitation, settlement costs and any legal or other expenses for investigating or defending any actions or threatened actions or liabilities arising from or in connection with the Project. The terms of this provision will survive termination of this Contract.

13.3. Choice of Law/Jurisdiction.

This Contract shall be subject to and interpreted by the laws of the State of Connecticut, without regard to choice of law principles. By entering into this Agreement, the CONTRACTOR agrees to submit to the exclusive jurisdiction of the courts of the State of Connecticut. The terms of this provision will survive termination of this Contract.

13.4. Entire Agreement.

These terms and conditions, including the Attachments hereto, constitute the entire Contract between the Parties relating to the Project described herein and supersede all previous communications, representations, or agreements, either oral or written, with respect to the subject matter hereof. No representations or statements of any kind made by any representative of a Party, which are not stated herein, shall be binding on said Party.

13.5. Severability.

Each provision of this Contract is distinct and severable from the others. If one or more provisions is or becomes invalid, unlawful, or unenforceable in whole or in part, the validity, lawfulness and enforceability of the remaining provisions (and of the same provision to the extent enforceable) will not be impaired, and the Parties agree to substitute a provision as similar to the offending provision as possible without its being invalid, unlawful or unenforceable.

13.6. Interpretation and Construction.

13.6.1. This Contract shall be interpreted as a unified contractual document with the Sections and the Attachments having equal effect, except in the event of any inconsistency between them. In the event of a conflict between any portion of this Agreement and another portion of this Grant

Agreement, the conflicting portions shall be interpreted to the benefit of the OWNER and ECCD and will be enforceable to the fullest extent permitted by law.

13.6.2. The title designations of the provisions to this Contract are for convenience only and shall not affect the interpretation or construction of this Agreement.

13.6.3. Every right or remedy conferred by this Contract upon or reserved to the Parties shall be cumulative and shall be in addition to every right or remedy now or…