Mass Trails Grant Agreement — File 24-1491

1 COMMONWEALTH OF MASSACHUSETTS DEPARTMENT OF CONSERVATION AND RECREATION MASSTRAILS GRANT AWARD Grant Award Recipient: City of Somerville Award Date: Grant Contract ID: P24-3576-G19A ______________________________________________________________________________ MASSTRAILS GRANT AGREEMENT This document represents a Grant Agreement between the City of Somerville and the Department of Conservation and Recreation (DCR) for the Blessing of the Bay Path project as awarded under the MassTrails Grant Program. The project scope may have been modified after receiving the results of our mandatory regulatory review by agency partners. Please carefully review the project description below and the specific conditions – if any – that must be adhered to. Failure to meet and comply with the specific conditions may result in termination of the award. Project Description: Funding will be used to construct a grade-separated, shared-use community path at Blessing of the Bay Park in Somerville, which will serve to fill a critical gap in the MassTrails Priority Trails Network. The proposed shared-use path project will create .61 acres of open space and address heat island issues simultaneously by adding dozens of shade trees and green infrastructure on City-owned property, providing a safer and more comfortable environment for people of all ages and abilities. Summary of Specific Conditions: No specific conditions. A full list of general conditions is provided and outlined in Section 14, “Compliance with State and Federal Regulations.” Please carefully read the entire section. Contact the MassTrails Administrator if you need further clarification on what is required. Upon signature of this Grant Agreement by the Project Manager or authorized signatory and in conjunction with execution of the fiscal MA Standard Contract by the State, City of Somerville may proceed to incur direct and matching expenses in relation to the project scope. 1. GENERAL PURPOSE The City of Somerville agrees to perform the services related to Blessing of the Bay Path project as outlined in its original application, any approved revisions, or the above listed general conditions, in accordance with all regulations, policies, and procedures set forth by the State under the MassTrails Program.

2 The maximum amount of funds available to the Grantee pursuant to this agreement shall be $500,000.00. It is further understood and agreed that the Grantee shall only be reimbursed based on actual costs incurred, and that the State's determination of eligible and approved costs shall be final in all cases. It is understood and agreed that all payments of all sums by the State hereunder are contingent upon availability and continued appropriation, and if for any reason whatsoever, such funds shall be terminated or reduced or otherwise become unavailable, the State may terminate this grant in whole or part immediately. Any funds awarded but not spent by the Grantee by the project termination date shall lapse. 3. COST SHARING PROVISIONS The Grantee will be required to provide acceptable documentation in a format that fully accounts for and certifies that the matching funds or in-kind services have been, in fact, incurred on the project. The Grantee must document a minimum of 20% of the total project cost, or the amount listed in the grant application. The proposed match for this project, as stated in the grant application, is $1,557,000. 4. TERM OF GRANT AGREEMENT AND GRANT CONTRACT This grant agreement is effective from the date of the endorsed grant contract and Notice to Proceed through 12/31/2026. All project related expenses submitted for reimbursement must occur within the contract time period. No direct expenses submitted for reimbursement will be accepted or reimbursed if they occur outside of the contract time period. Match can occur outside of the contract time period if negotiated with the MassTrails Administrator in advance. Match must be documented and submitted in order to formally close out the grant and for the grant project to be considered complete. 5. GRANTEE RESPONSIBILITIES AND COMPLIANCE This MassTrails Grant Award represents State financial support for a project through a competitive Request for Proposals (RFP) process and does not preclude any state, federal, or third-party compliance or required steps and tasks to complete the project. Receipt of a MassTrails grant does not translate into automatic State cooperation and/or imply approval across agencies nor does it imply special consideration for additional funding by state agencies or future MassTrails grant applications. The Grantee understands and acknowledges, by signing this Grant Agreement and accepting a MassTrails grant award, that the responsibilities for compliance with state and federal regulations and the grant process, procedures, and requirements contained herein are designated to the Grantee alone. It is the responsibility of the Grantee to review this document as needed to stay updated on grant steps and oversight. The MassTrails Administrator is not responsible for any of the steps or tasks contained herein or as a part of the project, regardless of whether those steps or tasks involve a state agency (including DCR). For example, it is the sole responsibility of the Grantee to contact appropriate agency personnel directly to obtain required permitting needed to complete the project, or to initiate any outstanding easement or care and control issues. It is the sole responsibility of the Grantee to successfully undertake project communication, procurement, and reimbursement and match tracking. 6. GRANT INITIATION The Grantee shall sign and submit the required Grant Contract Fiscal Paperwork as well as sign this Grant Agreement document before any project work can begin. A site visit will be scheduled with the MassTrails Administrator to review the grant work and the MassTrails Grant Initiation 2. GRANT TOTAL

2 visit, as determined by the MassTrails Administrator. The Grantee is required to complete the online Grant Initiation Form and submit it after the site visit/remote communication takes place, finalizing the scope and budget of the grant project. The Grant Initiation document will be the basis for all reporting going forward and the project will not be closed out until all tasks in the Initiation document have been completed. A template for the Grant Initiation Form is available on the MassTrails Grants website, as well as a link to the online form submittal. 7. PROJECT PROGRESS REPORTS The Grantee shall submit the online Grant Project Progress Report quarterly, or upon request by the MassTrails Administrator at any time. The Progress Report must reflect any changes which were requested between progress reporting periods. A template for the Progress Report is available on the MassTrails Grants website, as well as a link to the online form submittal. 8. PROJECT AMENDMENT REQUESTS The Grantee shall not amend, revise, or change the approved application, scope, or budget (including the proposed match) without the written consent of the MassTrails Administrator. Requests for a revised scope or budget must be submitted in writing and approved before the Grantee may proceed with the changes. This can be done by completing the online Grant Amendment Request Form. If the amendment request is approved and involves a change in the grant amount, a MA Standard Contract Amendment must be fully executed (signed by both parties) before proceeding with the updated project related expenses. An initial conversation with the MassTrails Administrator is advised before filling out and submitting the Grant Amendment Request form. If the change is not submitted to MassTrails and approved, any and all costs associated with the change will not be reimbursed. A template for the Amendment Request Form is available on the MassTrails Grants website, as well as a link to the online form submittal. 9. PROJECT COMPLETION REQUIREMENTS Final reimbursement is contingent upon a satisfactory review of the project, including completing the proposed scope as outlined in the Grant Initiation Form and subsequent forms, and consistency with the proposed budget. Before the final reimbursement can be finalized and paid, either a final Site Visit or a final remote communication must take place between the Grantee and the MassTrails Administrator. When the project is completed and/or when final documents are being prepared, contact the MassTrails Administrator to determine if a site visit or remote communication is appropriate. At that time, the Grant Close Out Form will be discussed. This form mirrors the Grant Initiation Form and must show that all proposed tasks in the initial scope and budget have been completed, much like a contractor’s “punch list.” If a Grant Amendment was approved, the Close Out form will also show the changes and that the project was completed according to all approved grant amendments. The Close Out Form ultimately should document the project’s goals, accomplishments, barriers encountered, and lessons learned. A two-page Project Summary Form is required to be filled out as a part of the Grant Close Out process. Form before contracting is finalized. In some cases, remote communication will replace the site

3 Request for Reimbursement. The Final Request for Reimbursement will be completed by using the Reimbursement Summary Sheet and the Reimbursement Excel Workbook labelling both as FINAL. Templates for the Grant Close Out Form, the Project Summary Form, and the Reimbursement Summary Sheet and Reimbursement Excel Workbook are available on the MassTrails website, as well as a link to the online form submittal. Instructions for the reimbursement procedure are provided in several locations: a subsequent section of this document below, in the reimbursement guidance document located on the MassTrails website, and within the Reimbursement Excel Workbook. 10. MASSTRAILS ACKNOWLEDGEMENT SIGNS The Grantee shall display formal and permanent recognition/acknowledgment of MassTrails funding at the project site or affixed on equipment purchased through the program. Signs should be constructed of sturdy material that is permanent, large enough to be clearly visible and located at a prominent access point to the project area or prominently included within other signs or kiosks. The suggested language identifies the site as a cooperative venture (e.g., “A Cooperative Trail Project between the ‘Name of Municipality/Organization’ and MassTrails” OR “This project is funded in part by MassTrails”). Any printed materials such as trail brochures, celebration announcements or website information should also identify the financial partnership that made the project a reality. Stickers or decals shall be printed and displayed on all equipment purchased with MassTrails funding. It is also encouraged that the Grantee develop and distribute a press release upon the award of the grant and/or project completion, acknowledging MassTrails as a source of funds for the project. 11. TERMINATION OF GRANT CONTRACT Any failure by the Grantee to abide by or carry out any of the terms or conditions of this grant shall, at the discretion of the State, result in termination of this grant, if, after notice to the Grantee, said default is not remedied within ten (10) days. In the event of termination, no further reimbursement payments shall be made by the State. 12. CONSTRUCTION INSPECTION REPORT; AUDITS State representatives may, at any time, inspect the project and review the Grantee's records and files. Upon notification of project completion, the State may inspect projects and prepare a written report. Recommendations for corrective actions will be made, if appropriate. A copy of the report will be sent to the Grantee. Deficiencies, if any, shall be corrected and reported, in writing, to the State within twenty-one (21) days of receipt of the inspection report. Final reimbursement payment will not be made until deficiencies are corrected. The Grantee agrees to submit to all requested inspections and audits by State officials which relate to the services and payments under this grant. 13. RECORD RETENTION All program and financial records shall be retained by the Grantee for state audit purposes and available for public inspection for a period of six (6) years after the contract end date or final payment on the project, whichever date is later. At a minimum, the following records shall be maintained and made available for audit: invoices, for purchased materials and for all design and construction costs indicating check number and date paid on each invoice; cancelled checks or Once the project is determined to be complete as proposed, the Grantee shall submit a Final

4 contract amendments. Record retention for purchases of items $10,000 or more must include, at minimum, documentation which provides the basis for contractor selection, justification for lack of competition when competitive bids or offers are not obtained, and a basis for the award cost or price. 14. COMPLIANCE WITH STATE AND FEDERAL REGULATIONS The Grantee will ensure that the project complies with all applicable state regulations as listed in this section. It is the responsibility of the Grantee to obtain any required permitting or record of communication with regulatory review agencies as instructed below. If required, documentation of the review or permit must be on file with the MassTrails Administrator before the trail project can begin. Tracking and submitting required documentation is the sole responsibility of the Grantee. If documentation is not submitted at the appropriate time, the grant may be subject to termination. • Massachusetts Wetlands/Rivers Protection Acts and Local Wetland Bylaws Any project that alters land within 100 feet of a wetland or 200 feet of a river or stream (or that meets any other condition of the Rivers or Wetlands Protection Act) will require the approval of the local Conservation Commission before any construction can proceed. If instructed by the Commission, filing an RDA and an NOI may be required. • Massachusetts Endangered Species Act (MESA) MESA protects rare species and their habitats by prohibiting the “Take” of any plant or animal species listed as Endangered, Threatened, or of Special Concern. Any project activities which occur within Estimated or Priority Habitat as identified by the Massachusetts Natural Heritage and Endangered Species Program (NHESP) must file with the program for review and approval, unless the project has been determined as exempt by NHESP. • Massachusetts Environmental Policy Act (MEPA) The MEPA review process provides meaningful opportunities for public review of potential environmental impacts of certain projects for which certain actions by state agencies are required. It requires state agencies to study the environmental impacts of projects requiring state permitting, financial assistance or land disposition, and to use all feasible measures to avoid, minimize, and mitigate damage to the environment or, to the extent damage to the environment cannot be avoided, to minimize and mitigate damage to the environment to the maximum extent practicable. Most MassTrails grants are exempt from MEPA. If a project does require MEPA review, the Grantee must submit a list of all relevant thresholds and indicate if an ENF and/or an EIR are required. The Grantee must submit relevant communication and final documents to the MassTrails Administrator before the project can proceed. • Other Required Permitting There are many additional permitting requirements which may or may not apply to a given project. It is the responsibility of the Grantee to seek out and determine which permits are required, from Temporary Construction Access permits to U.S. Army Corps of Engineers permits. 15. PROCUREMENT PROCEDURES copies thereof; bid, solicitation, and procurement documents; work changes, change orders and

5 procedures for all activities under this grant and this will satisfy minimum requirements. Other Grantees may follow their own established written procurement procedures however, any procedures relating to the grant project must provide for the following, at minimum: a. Grantees’ avoidance of purchasing unnecessary items. b. Where appropriate, an analysis is made of lease and purchase alternatives to determine which would be the most economical and practical procurement. c. When purchasing an item with a value between $10,000 and $150,000, grantees are required to obtain at least three bids for goods and/or services. The solicitations must provide for all of the following: i. A clear and accurate description of the technical requirements for the material, product, or service to be procured. In competitive procurements, such a description shall not contain features which unduly restrict competition. ii. Requirements which the bidder/offeror must fulfill and all other factors to be used in evaluating bids or proposals. iii. A description, whenever practicable, of technical requirements in terms of functions to be performed or performance required, including the range of acceptable characteristics or minimum acceptable standards. iv. The specific features of “brand name or equal” descriptions that bidders are required to meet when such items are included in the solicitation. v. The acceptance, to the extent practicable and economically feasible, of products and services dimensioned in the metric system of measurement. vi. Preference, to the extent practicable and economically feasible, for products and services that conserve natural resources and protect the environment and are energy efficient. If the Grantee does not have established written procurement procedures, the Grantee accepts and agrees to follow the above procurement policy in place of its own requirements. 16. REIMBURSEMENT The State agrees to reimburse the Grantee up to the approved grant amount for approved expenses incurred in accordance with the project budget subject to the following: a. It is understood and agreed by the parties that in the performance of this grant and the services hereunder, the Grantee and its servants and employees are in all respects independent contractors and shall neither be determined to be employed by, nor agents of, the State, nor be entitled to any benefits provided by the State to its employees. b. The Grantee must pay 100 percent of the cost of an item before submitting a request for reimbursement of eligible costs. For example, a Grantee may not apply for reimbursement for a piece of equipment for which they have set up a loan agreement and monthly payment plan. The equipment must first be paid in full by the entity indicated on the state contract before any reimbursement will be authorized. i. When requesting reimbursements, the Grantee shall submit invoices/receipts for actual costs incurred. All invoices/receipts must show dates within the contract period. ii. The Grantee must also submit proof of payment (such as a cancelled check or credit card statement) of the invoice by the Grantee. All payments must be traced from the invoice/receipt to proof of payment by the entity on the state contract. iii. For major equipment purchased through the program (such as a snow groomer), a receipt from the vendor indicating the equipment has been delivered and paid in MassTrails Grantees currently subject to state procurement law must follow state procurement

6 17. MATCH The Grantee shall document incurred match with each reimbursement request and/or with the final reimbursement request, unless otherwise pre-authorized by the MassTrails Administrator. Match represents 20% of the TOTAL PROJECT VALUE, not 20% of the reimbursement amount. The easiest way to calculate this is to take your grant award amount and multiply by full, including name, serial number, year of manufacture, accessories received and price from seller, shall also be submitted. iv. For requests of reimbursement of staff time, time sheet records indicating dates and hours spent on the project, tasks accomplished, and billing rates must be submitted by using the appropriate tab(s) in the Reimbursement Excel Workbook. Proof of payment to the staff must also be submitted, such as payroll records or copies of pay stubs. The hourly rate must be clearly displayed, or a letter from the organization stating the hourly rate of each employee must be provided. Indirect/fringe costs can be included. A letter from the organization stating the indirect cost rate must be included for verification of the rate. If your organization has a Negotiated Indirect Cost Rate Agreement (NICRA), you must include documentation of rate from the issuing Federal Agency, otherwise you may use the de minimis indirect cost rate of 10 percent. c. If a third party has made a purchase on behalf of the Grantee, the original invoice/receipt must be documented as well as proof of that direct payment having been made (i.e., third party must provide a copy of the credit card statement showing the transaction, or cancelled check, or other acceptable proof of payment). If a credit card was used an extra step is required. The third party must provide the subsequent month’s credit card statement to show that payment was made on the account for the month in which the project related purchase was made. As a result of this requirement, MassTrails highly discourages using a third party to pay for project expenses. As a last step, proof of payment to the third party by the Grantee must be submitted (e.g., a cancelled check, EFT, paystub showing reimbursed amount). d. The Final Reimbursement Request must be submitted as complete no later than 15 days after the grant contract has ended. For example, goods and services must be completed by the end date of the contract, but payment for those goods or services and submittal of the reimbursement request can be submitted up to, but not exceeding, 15 days past the contract end date. Documentation must be complete at this time, meaning all required back up documents must be included and approved by the MassTrails Administrator. This may require submitting a “draft” reimbursement request prior to the deadline (this is recommended) to ensure that all required paperwork is included. e. The Grantee’s final reimbursement will be held until a site visit has been conducted by the MassTrails Administrator and the Grant Close Out Form has been submitted and approved. f. The Grantee will submit a Grant Close Out Form, final budget, and Project Summary Form. g. The Grantee may submit multiple reimbursement requests, on a monthly basis at most, during the grant period.

7 $100,000 and 20% equals $25,000). a. All match activities must occur within the contract dates unless pre-authorized by the MassTrails Administrator. This includes use of cash overage from project expenses, donations, equipment use, and staff and/or volunteer labor hours. b. Any match that is actual cash spent towards the project must be documented with the same requirements as the reimbursement requests. Invoices and proof of payment are required. c. Volunteer labor as match must be documented using the appropriate tab(s) in the Reimbursement Excel Workbook. Information must include names, dates, hours worked, description of work accomplished and value of those hours for every hour claimed. d. Volunteer event days should be documented as stated in the previous bullet, with the addition of a volunteer sign in sheet signed by each participant. Sample sign in sheets can be provided by the MassTrails Administrator upon request. e. If staff time is utilized as match, grantees must complete the appropriate tab in the Reimbursement Excel Workbook. Proof of payment to the employee must be provided as well, either in the form of copies of paystubs or a payroll report. The hourly rate must be clearly displayed, or a letter from the organization stating the hourly rate of each employee must be provided. Indirect costs/fringe can be included. A letter from the organization stating the indirect cost rate must be included for verification of the rate. If your organization has a Negotiated Indirect Cost Rate Agreement (NICRA), you must include documentation of rate from the issuing Federal Agency, otherwise you may use the de minimis indirect cost rate of 10 percent. f. Donations must be documented with either an invoice with zero balance due and wording indicating donation, or a written statement from the entity that has made the donation, stating the donation, its value, and to whom it was given. Proof of the value of the donation must also be submitted, either on the invoice or by another form of valuation such as the most current value listed on a website where comparable products are sold. As a commonly donated material for trail construction projects, the most recent USGS Aggregate rates are included in the Reimbursement Excel Workbook for help in valuation of various stone products. 18. EQUIPMENT PURCHASES Equipment is defined as tangible personal property having a useful life of at least five years and a per-unit acquisition cost of $5,000 or greater. If applicable, the equipment title will rest with the Grantee and must be used for the proper authorized use as stated in the project application. The Grantee is required to use the equipment for its proposed and intended purpose for a reporting period of five years. If applicable, Buy America certification is required by MassTrails before the Grantee purchases the equipment. Additionally, until the Grantee provides a copy of an acceptable form of certification, MassTrails will not release the endorsed grant contract and Notice to Proceed which will delay the start of the Grantee’s project. An Equipment Report including the purchase details, title (if applicable), condition, use, and storage location shall be submitted with the Request for Reimbursement which contains documentation of the equipment purchase and match. An updated Equipment Report must then be submitted annually in January for a period of five years following the project end date. For ease of compliance with this program requirement, the MassTrails Administrator will send a reminder notice to the Grantee each January for five years. 0.25. For example, a $100,000 grant award requires $25,000 match (80% of $125,000 equals

8 well as a link to the online form submittal. 19. ACQUISITIONS Projects involving land acquisition are required to follow the Executive Office of Energy and Environmental Affairs Land Acquisition Policy. If the project involves land acquisition, the MassTrails Administrator will provide the Grantee with documentation of the requirements and specifications. 20. LAND OWNERSHIP Proposals for construction projects that will take place on land that is not owned or managed by the applying organization must include a signed statement from the landowner or manager specifically authorizing the project and ensuring that the property is open for continuing public access. If a MassTrails Landowner Permission Form (Public or Private version) or letter outlining similar permission language was not submitted at the time of grant application, MassTrails will not release the endorsed grant contract and Notice to Proceed until such time as the Grantee sends in the permission required. Similarly, if there is a Conservation Restriction (CR) on the parcel, the CR holder must provide written authorization for the project either using the MassTrails Conservation Restriction Work Authorization Form or providing a letter with language that clearly conveys that permission is granted for the project to proceed. Any required permits or authorizations, such as a Temporary Construction Access Permit, must be obtained by the Grantee and submitted to the MassTrails Administrator before any construction takes place. Tracking and submitting required documentation is the sole responsibility of the Grantee. If documentation is not submitted at the appropriate time, the grant may be subject to termination. A list of the required steps/tasks or permitting for a project will be finalized and submitted on the Grant Initiation Form at the onset of the project. A plan for ongoing stewardship and continued communication must be formalized between the Grantee or other designated party and the landowners (or CR holders), for a period of no less than 10 years. Consultation with the landowner or CR holder must continue throughout the grant project. Likewise, the grant project must remain consistent with those agreements outlined in the grant application. If a scope or budget amendment is requested, the MassTrails Administrator reserves the right to request an updated landowner/CR holder permission be secured by the Grantee that acknowledges and approves of the updated scope or budget project elements that may affect the landowner/CR holder. 21. COMMUNITY AND STAKEHOLDER OUTREACH It is the responsibility of the Grantee to manage and perform necessary outreach and notifications to the community, stakeholders, and abutters of the project area. Any community concerns or issues regarding the project will be addressed and managed by the Grantee. It is the Grantee’s responsibility to have all permissions and approvals in place prior to trail design, construction, or maintenance work. If there is a particular point of controversy at any point during the grant project time period, the Grantee should notify the MassTrails Administrator as a courtesy and to discuss the issue. A template for the Equipment Report Form is available on the MassTrails Grants website, as

9 This Grant Agreement serves as a guidance document outlining compliance and regulatory responsibilities of the Grantee. The Grantee takes full responsibility for complying with all requirements listed above or the grant may be subject to termination without reimbursement. The Grantee should reference the fiscal contract documents (MA Standard Contract, Commonwealth Terms and Conditions) for legal obligations and compliance regarding the fiscal agreement being entered into between the state (DCR) and the Grantee. 23. INITIALIZED CHECKLIST AND SIGNATURE Please initial in the line shown after each of the following statements and refer back to these statements and the Grant Agreement document in full for guidance as your project progresses: • The Grantee understands that under no circumstances can the grant contract be extended. The end date of this grant is the date listed on the Standard Contract Form, NTP, and this document. As such, the Grantee has reviewed the project scope and budget and can ensure that the grant award will be spent within the contract time period, understanding that any funds which are not spent by the contract end date will return to the state as program slippage. Grantee has communicated this to all subcontractors and included this language in any subcontractor agreements associated with this grant. _____ (Initial Here) • The Grantee understands that this is reimbursement grant program. The Grantee must first spend the money and then apply for reimbursement. A request for reimbursement must be submitted to the MassTrails Administrator as outlined specifically in this document, including a MassTrails Reimbursement Summary Sheet, Reimbursement Excel Workbook, invoices/receipts for goods or services, and documented proof of payment for those goods/services. _____ (Initial Here) • The Grantee understands that they are responsible for accruing their proposed match and providing proof of that match, as outlined in this document, on the condition of being reimbursed for grant-funded expenses. _____ (Initial Here) Photo Release and Authorization • The Grantee authorizes the MassTrails Administrators to edit, alter, exhibit, publish, or distribute any photos shared with the MassTrails Program related to the grant project. In addition, the Grantee waives the right to inspect or approve the finished product wherein the photo appears. Photo credit will be shared when possible. _____ (Initial Here) By signing below, the City of Somerville confirms that they have read through and agree to the terms set forth in the agreement above. _____________________________________________ _______________________ Authorized Signature Date _Katjana Ballantyne____________________________________________ Print Name 22. TERMS AND CONDITIONS

10 _City of Somerville____________________________________________ Organization/Agency Please initial and sign where indicated. Scan the FULL signed document and email a PDF copy to the MassTrails contact listed below. Upon endorsement of the grant contract and issuance of the Notice to Proceed, the MassTrails Administrator will send you a copy of this fully executed grant agreement. Eli Velluti-Fry MassTrails Grant Program Manager [phone removed] elijah.velluti-fry@mass.gov