Board of Selectmen Regular Meeting

FIFTEEN ROPE FERRY ROAD
WATERFORD, CT 06385-2886
PHONE: 860-442-0553
www.waterfordct.gov
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BOARD OF SELECTMEN REGULAR MEET AG a 39
Tuesday, August 18, 2026 
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5:00 PM 
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Waterford Town Hall (Auditorium) 
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(Procedural Action: Check register to be signed by the Board of Selectmen in
accordance with CGS 7-83)
1.
2.
3.
Call to Order & Roll Call:
Pledge of Allegiance
Public Comment:
Waterford Utility Commission: To consider and act on a request from the
Director of Utilities, Jill Stevens, for an additional appropriation of $200,000
for a new project — Water Distribution System Emergency Capital Reserve for
FY27, identified in the General Fund Balance.
Recreation and Parks: To consider and act on a recommendation from Shea
Davy, Purchasing Agent, on behalf of the Director of Recreation and Parks,
for surplus of the below Asset which has outlived its usefulness to the Town
and has been replaced according to the Fleet Management Plan:
e 
Asset #101451, a 2016 Toro Groundsmaster 10’ Mower, Serial
#3 16000766, Engine Hours 1,997.
Recreation and Parks: To consider and act on awarding a contract for grass
seed and fertilizers to Tom Irwin, Inc. through Cooperative Purchasing
(CRCOG Bid #789) for Fiscal Year 2027.
Public Works: To consider and act on authorizing the First Selectman to sign,
on behalf of the Board of Selectmen, the Connecticut Department of
Transportation (CT DOT) Master Municipal Agreement for Rights of Way
Projects.

FIFTEEN ROPE FERRY ROAD
WSTERFAR pPOhienieniy & Resig
8a.
PHONE: 860-442-0553
www.waterfordct.gov
9. 
New Business:
10. Old Business:
11. Correspondence:
lia. Flock Safety Cameras — anonymous sender
12. Consent Agenda
12a. Tax Refund:
12b. Board of Selectmen Regular Meeting Minutes August 4, 2026
13. Adjournment:

a 4
Mr. Rob Brule, First Selectman 
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Page 3 
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The Utility Commission respectfully requests a designation and appropriation of the funds
identified in the First Selectman’s plan for the General Fund Balance for Water Distribution 
|
System Emergency Capital Reserve for FY27 in the amount of $200,000, ® New Projeet
Under the current Waterford / New London Interlocal Water Agreement (W/NLIWA), all
users of the municipal water system in Waterford are direct customers of the City of New
London Department of Public Utilities, which operates and maintains the water distribution
system on behalf of the Town. Consequently, the Utility Commission does not receive user-
based revenue to fund emergency repairs that meet the definition of “Material” costs under
the W/NLIWA.
Pursuant to the W/NLIWA, “Material,” as applied to the cost or expense of a particular
repair or maintenance activity, is defined as costs greater than or equal to $5,000, adjusted
cumulatively by the Escalation Index as of April 1 preceding the adjustment date. The
agreement further specifies that (i) the installation of more than three contiguous standard
lengths of pipe is deemed Material regardless of cost, and (ii) the first $10,000 spent on
Material costs or expenses is deemed not Material, with that amount also subject to
escalation.
Using the ENR Construction Cost Index as prescribed by the W/NLIWA, the current
Escalation Index is 3.13. This results in an adjusted Material cost threshold of $15,658, with
the first $31,300 of Material costs deemed not Material. Under the W/NLIWA, any repair
with costs exceeding these thresholds is required to be treated and funded as a Capital
Improvement.
Waterford embarked on installing its water distribution system in the 1960's, prior to the
installation of our wastewater system. Construction costs have increased significantly over
time; for example, a 20-foot length of 10-inch ductile iron pipe that cost approximately
$150 in 1960 now costs approximately $975-$1,000. Given the age of the system and
escalating material and labor costs, it is reasonable to expect that emergency repairs will
more frequently meet the definition of Material costs.
This request establishes a dedicated capital reserve for emergency repairs to the water
distribution system that qualify as Material costs. The reserve mitigates financial risk
associated with unpredictable infrastructure failures and reduces reliance on emergency
appropriations or disruption of other approved capital projects. Water distribution system
failures are inherently unpredictable and often require immediate response to protect
public health, maintain service continuity, and limit secondary damage. Having a designated
reserve ensures that capital funding is immediately available when such events occur.
Please see the additional back up material provided in support of each request attached to
this letter.
Thank you,
akan
Jill N. Stevens, Director
Utility Commission
Cc: Utility Commission
Kimberly Allen, Director of Finance

HS
FINANCE DEPARTMENT
Memo
To: 
The Board of Selectmen
From: 
Shea Davy
Date: 
July 6, 2026
Re: 
Disposal ofagedassets
Dear First Selectman Brule:
In accordance with the Town Property Ordinance, Chapter 2.112.020, it is requested that
the Board of Selectmen please consider an act to surplus for disposal, on Behalf of the
Recreation & Parks Department, Asset#101451, 2016 Toro Groundsmaster 10’ Mower,
Serial#316000766, Engine Hours 1,997. This item has outlived its usefulness to the Town
and is being replaced according to the Fleet Management Plan.
This item will be disposed of by auction on GovDeals.
Thank you for your consideration
Shea Duy
Shea Davy
Purchasing Agent,
Town of Waterford

FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886
WATERFORD RECREATION AND PARKS COMMISSION
DATE: 
July 6, 2026
TO: 
Shea Davy, Purchasing Agent
FROM: 
Ryan McNamara, Director of Recreation & Parks
SUBJECT: 
Fleet Management Replacement Surplus
The Recreation and Parks Department requests your consideration for transferring the following
equipment to the Purchasing Agent to dectare surplus in accordance with policy:
© 
= Asset#/Tag: P53 
2016 Toro Groundsmaster 10’ Mower 
Serial# 316000766
This asset was replaced through the Fleet Management plan.
The above equipment can be located at Public Works for sale or parts.
Thank you for your time and consideration.
If you have any further questions, please call.
SIGNED
Ryan McNamara
Town of Waterford
Director of Recreation and Parks

Shea Davy
eaten 
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Fram; 
Garon VanOverlcop
Sent: 
Monday, July 6, 2026 8:48 AM
To: 
Shea Davy
Ce: 
Joshua Therrien
Subject: 
Surplus
Shea,
Attached are the photos for P53. Hours 1997, no known issues.
Josh please make sure the surplus memo is submitted form your office for this machine. It shouldn’t have been
dropped off here without word from Shea that it’s been declared surplus.
Thanks



Sent from my iPhone

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FINANCE DEPARTMENT.
Memo
August 10, 2026
Mr. Rob Brule
First Selectman
| 
Town of Waterford
| 
15 Rope Ferry Road
| 
Waterford, CT 06385
Re: Cooperative Purchasing-Grass Seed and Fertilizers
Dear First Selectman Brule:
In keeping with Section 3.08.010 of the Purchasing Ordinance- Cooperative Purchasing, the
Purchasing Department, on behalf the Recreation and Parks Department, after due diligence and
careful consideration, is respectfully seeking the Board’s approval to use the following vendor for
the duration of FY’27, The Recreation and Parks department uses this vendor for the grounds care
al the athletic fields and parks.
* 
Tom Irwin, Ine. -Grass Seed and Fertilizers 
- CRCOG Bid #789 Contract Expires
January 31, 2027
Sincerely,
Shea Davy
Purchasing Agent,
Town of Waterford

FIFTEEN ROPE FERRY ROAD 
WATERFORD, CT 06385-2886
To: 
Board of Selectmen
From: 
Ryan McNamara, Director of Recreation & Parks
Date: 
July 29, 2026
RE: 
Request for Fiscal Year 2027 Award Tom Irwin, Inc. via CRCOG Cooperative Contract #789
Dear Members of the Board,
| respectfully request authorization for the Recreation and Parks Department to continue utilizing Tom
Irwin, Inc. for our turf and field management needs under CRCOG Cooperative Contract #789, along with approval
to issue the FY’27 award through this cooperative contract.
For over thirteen years, Tom Irwin, Inc. has provided consistent, high-quality service to Waterford’s athletic
fields and park properties. Their extensive experience with our facilities, combined with their reliability and
responsiveness, makes them uniquely qualified to meet the increasing expectations for field safety, playability, and
overall grounds performance. This partnership has become even more valuable as the Recreation and Parks
Department now oversees additional properties, expanding both the scope and standards of our maintenance
responsibilities.
Tom Irwin, inc. also offers meaningful financial advantages, including early-order spring discounts and
dependable delivery schedules that support efficient seasonal planning. Their familiarity with Waterford’s turf
conditions, soil profiles, and maintenance standards allows them to deliver targeted, effective solutions that protect
the long-term health and usability of our fields.
Importantly, Tom Irwin, lac. is fully vetted and approved through the CRCOG-Capital Region Council of
Governments Cooperative Contract #789. Utilizing this contract ensures compliance with all purchasing
requirements while providing access to competitively negotiated pricing and verified vendor qualifications.
Summary:
¢ 
Vendor: Tom Irwin, Inc.
* 
Contract: CRCOG Contract #789 (vetted and approved vendor)
« 
History: 13+ years of successful service on Waterford’s athletic fields and park properties
¢ 
Scope: Expanded oversight of additional properties and higher expectations for grounds care require a
proven, consistent vendor
«= 
=6Value:
o 
Early-order spring discounts and reliable delivery scheduling
a 
Demonstrated knowledge of Waterford’s turf conditions and maintenance standards
o 
Strong working relationship and consistent service record
Financial Consideration: Material costs continue to rise industry-wide; awarding this contract through the CRCOG
Contract #789 ensures continued access to state-negotiated pricing and stable procurement.
Recommendation: Approve continued use of Tom Irwin, Inc. under CRCOG Contract #789 and authorize the FY'27
award through this cooperative contract.
Thank you for your time and consideration.

12 Progress Ave | Tyngsboraugh, MA 01879 | 600-682-5959
Client: Town of Waterford 
Order Date: 
07/27/2026
Order #: 
68389
Product Name 
UOM 
Qty 
Unit Price 
Total Ship Date 
Manufacturer
Nutrition - Granular
Caliber K 0-0-12 
SO LR 
8g 
$89.85 
$718.80 07/27/2026- Ferti
08/03/2026 
Technologies
EC+ with Humoxy SG_240 SGN 
50th 
13 
$28.50 
$370.50 07/27/2026- Fert
08/03/2026 
Technafogies
MUSIL - Sports Grade 
SOL 
6B 
$75.00 
$5,100.00 07/27/2026- Silico Turf LLC
08/03/2026
Nutrite 16-24-10 SGN 200 
Ss0tb 
16 
$67.70 
= $677.00 07/27/2026- 
Ferti
08/03/2026 
Technologies
Nutvite 28-0-10 SGN 200 
50 Lb 
9 
$84.50 
$760.50 07/27/2026- Ferti
08/03/2026 
Technologies
ProScape 19-0-6 33% MESA with LockUp 
40ib 
43 
$74.40 
$3,943.20 07/27/2026- Lebanon Turf
08/03/2026
Replenish 16-0-5 SG 
50th 
46 
$69,90 
$3,914.40 07/27/2026- Earthworks
08/03/2026
Seed
Green Space Grounds Mix 
rib 
986 
$4.18 
$3,971.00 07/27/2026- Vista Seed
68/03/2026 
Partners
Water Management - Wetting Agents
Precip G 
$0 Lb 
7 
$98.00 
$686.00 07/27/2026- The Aquatrals
08/03/2026 
Company
Other
Freight Charge 
rob 
& 
$65.00 
$325.00 07/27/2026 - Tom Irwin, Inc
08/03/2026
Products 
$20,141.40
total:
Estimated 
$0.00
tax:
Freight: 
$325.00
OrderGrand 
$20,466.40
Total:

a
CONNECTICUT
jw” 
COMNECTICUT
TRANSPORTATION
July 24, 2026
“The Honorable Rob Brite
First Selectman
- 
Town of Waterford
“Town Hall
15 Rope Ferry: Road
oo UWaterlord, CT 06385
“Dear First Selectman Brule:
“Subject: Master Munivipal Agreémont for Rights of Way Projects
AB you tay be-aware, the Master Mificipal Agreentent for Righis of Way Projects (MMA
“ ROW) cbetween the “Town of Waterford (Municipality) and the Conriecticut Department of
‘Transportation (Dep partment) expired on February 6, 2025,
To avoicl any disruption to pending and fiture right-of-way projects in your municipality
’ any tipdated version of the MMA ROW is enclosed for execution: Please be advised, this agreement
*“ghust be executed. should your municipality wish to participate in right-of-way projects funded
through the Department, including LOTCIP.
“Please process the 
MMA ROW in accordance witlrthe enclosed instnietions and return the
“Agreements, along with -your authority to sign, to meal the letterhead address. If you have any
‘questions, please contact My, Thomas Melzen at (860) 5 94-2451 orthomasmelzen@cl 
gov.
‘Terrence J, Obey
Director of Rights of Way
Bureau of Bnginecsing/and Constraction
é
“Enclosures
2800 Berlin TurApike
9. 
Box a17546 
CT,GOv/DOT
Newington, CT GGIS1-7646
860-894-245!

INSTRUCTIONS FOR PROCESSING
MASTER MUNICIPAL AGREEMENT (MMA) FOR RIGHTS OF WAY
CITY OF WATERFORD
Enclosed is a copy of the Master Municipal Agreement for Rights of Way Projects (MMA ROW)
between the State of Connecticut and the Municipality.
Please do the following:
1. Your signature should be affixed to the enclosed MMA for ROW. Please sign your name as it
appears on the signatory page.
2. Attach the original Council/Board of Selectman resolution (see enclosed) authorizing you, by
name and title, to sign the copy of the MMA ROW. For consistency, please see that your name
appears in the resolution as shown in the preamble and signatory page of this MMA ROW.
Please return the Agreement (signed within 30 days of the original council resolution) on or before
August 21, 2026, so that the Department may process them for State signatures. A fully executed copy of
the MMA will be returned to you upon its completion.
Diane D’ Alesandris
Secretary 2
Division of Rights of Way
CT Department of Transportation
2800 Berlin Turnpike, Newington, CT 06131!
Phone: (860) 594-2486

Agreement No.: 07.24-02(26)
CORE I.D.: 27DOTOO09AA
MASTER MUNICIPAL AGREEMENT
FOR RIGHTS OF WAY PROJECTS
THIS MASTER MUNICIPAL AGREEMENT FOR RIGHTS OF WAY ACTIVITIES
(“Master Agreement” or “Agreement”) is entered into by and between the STATE OF
CONNECTICUT, DEPARTMENT OF TRANSPORTATION (the “CTDOT”), and the Town of
Waterford, Town Hail, 15 Rope Ferry Road, Waterford, Connecticut 06385 (the “Municipality”).
The CTDOT or the Municipality may each be referred to individually as the “Party” and
collectively may be referred to as the “Parties.”
WHEREAS, the Municipality undertakes, and may financially participate in, rights of way
activities, in conjunction with improvements to locally-maintained roadways, structures and
transportation enhancement facilities that are eligible for government financial assistance from the
CTDOT, the federal government, or both; and
WHEREAS, the CTDOT is the authorized entity responsible for distributing the state and
federal government financial assistance with respect to these municipal projects; and
WHEREAS, on a project-by-project basis either the Municipality or the CTDOT takes on
the responsibility for the administration of the rights of way phase of a particular municipal project,
and the parties wish for this Master Agreement to address the rights of way phase of the
Municipality or State’s administered projects; and
WHEREAS, the Commissioner is authorized to enter into this Agreement and distribute
state and federal financial assistance to the Municipality for these projects pursuant to § 13a-98i
and § 13a-165 of the Connecticut General Statutes; and
WHEREAS, the CTDOT and the Municipality wish to set forth their respective duties,
tights, and obligations with respect to these projects that are undertaken pursuant to this Master
Agreement.
NOW, THEREFORE, THE PARTIES MUTUALLY AGREE THAT:
Article 1. 
Definitions. For the purposes of this Master Agreement, the following definitions
apply:
11 
“Administer,” “Administering” or “Administration” of the Rights of Way Project
means conducting and managing operations required to perform and complete the Rights of Way
Project, including performing the work either by the Municipality or the CTDOT, as applicable to the
particular Rights of Way Project, in whole or in part, undertaking all of the administrative-duties
related to and required for the completion of the Rights of Way Project.
1.2 
“Authorization to Proceed Notice” means the written notice from the CTDOT to
the Municipality authorizing the Municipality to Perform its obligations for the Rights of Way
Project under the PAL.

Master Municipal Agreement for Rights of Way Projects
1.3. 
“Authorized Department of Transportation (CTDOT) Representative” means the
individual, duly authorized by a written delegation of the Commissioner of the CTDOT pursuant
to Section 13b-17(a) of the Connecticut General Statutes, to sign PALs.
1.4 
Claims” means all actions, suits, claims, demands, investigations and
proceedings of any kind, open, pending or threatened, whether mature, unmatured, contingent,
known or unknown, at law or in equity, in any forum.
1.5 
“Demand Deposit” means an amount of money due to the CTDOT from the
Municipality.
16 
“Designated Official” means the municipal official or representative designated by
title who is duly authorized by the Municipality to receive PALs issued by the CTDOT under this
Agreement and who submits to the CTDOT a Written Acknowledgment of the PAL (defined in
section 2.2) binding the Municipality to the terms and conditions of the PALs issued by the
CTDOT under this Master Agreement.
1.7 
“CTDOT-provided Services” means the work that the CTDOT is responsible to
Perform for the Rights of Way Project, as specifically set forth in the PAL and may include, but
are not necessarily limited to, administrative oversight, and liaison activities with other
governmental agencies to ensure satisfactory adherence to CTDOT and federal requirements.
1.8 
“Effective Date” means the date which the Master Agreement is executed by the
CTDOT.
1.9 | “Excess Property” means ail property and property rights acquired, in accordance with
Section 48-24 of the Connecticut General Statutes or any other purpose, in excess of what is required
for the Municipal Project, as determined by CTDOT.
1.10 
“Funding” means funds from the state government, the federal government, or a
combination of any of the foregoing, designated for a particular Rights of Way Project, as specified
in the Project Authorization Letter.
1.11 
“Municipality Parties” means a Municipality’s members, directors, officers,
shareholders, partners, managers, principal officers, representatives, agents, servants, consultants,
employees or any one of them or any other person or entity with whom the Municipality is in
privity of oral or written contract and the Municipality intends for such other person or entity to
Perform under the Master Agreement in any capacity.
1.12 
“Municipal Project” means a project undertaken by the Municipality for
improvements on locally maintained or owned roadways, structures, transportation enhancement
facilities (as defined by 23 U.S.C. §101(a)(35), as revised), or any combination of the foregoing,
which generally includes three phases of activities: the design phase, rights of way phase, and
construction phase.
1.13 
“Official Notice” means notice given from one Party to the other in accordance

Master Municipal Agreement for Rights of Way Projects
with Article 11.
1.14 
“Perform” means for purposes of this Master Agreement, the verb “to perform” and
the performance of the work set forth in this Master Agreement which are referred to as “Perform,”
“Performance” and other capitalized variations of the term.
1.15 
“Plans, Specifications, and Estimates (PS&E)” means the final engineering
documents produced during the design phase of the Municipal Project that contain all of the
construction details and are made part of the bid documents.
1.16 
“Project Amount” means the total estimated cost to complete the Rights of Way
Project, as estimated at the time of the CTDOT’s issuance of the PAL.
1.17 
“Project Authorization Letter ((PAL”)” means the written document that authorizes
the distribution of Funding to the Municipality for the specific Rights of Way Project during a
specified period of time.
1.18 
“Records” means all working papers and such other information and materials as
may have been accumulated by the Municipality in performing the Rights of Way Project,
including 
but not 
limited to, documents, data, plans, books, computations, drawings,
specifications, notes, reports, records, estimates, summaries, memoranda and correspondence, kept
or stored in any form.
119 
“Rights of Way Project” means the necessary activities to acquire property in
conjunction with a Municipal Project, including, but not limited to, appraisals, title searches,
property map reviews, negotiations, and closings.
1.20 
“State” means the State of Connecticut, including the CTDOT and any office,
department, board, council, commission, institution or other agency or entity of the State.
1.21. 
“Term” means the duration of the Master Agreement.
1.22 
“Termination” means an end to the Agreement prior to the end of its term whether
effected pursuant to a right which the Agreement creates or for a breach.
Article 2, 
Issuance and Acknowledgment of PALs for Rights of Way Projects.
2.1 
Issuance of PAL.
The CTDOT shail issue to the Municipality a PAL for the applicable Rights of Way
Project, in the form substantially similar to Schedule A, which will be addressed to the Designated
Official and signed by the Authorized CTDOT Representative. PALs issued under this Master
Agreement will address Rights of Way Projects and will not address the design or construction
phase activities of Municipal Projects. The issuance of the PAL itself is not final authorization for
the Municipality to begin Performing work with respect to the Rights of Way Project. Additional
required steps and approvals are set forth in this Master Agreement.

Master Municipal Agreement for Rights of Way Projects
2.2 
Written Acknowledgement of the PAL.
In order for the terms of the PAL to become effective and binding on both Parties,
the Municipality shall return to the CTDOT a copy of the PAL signed by the Designated Official,
hereinafter referred to as the “Written Acknowledgement of the PAL.” The signature of the
Designated Official on the Written Acknowledgement of the PAL constitutes the Municipality’s
agreement to be bound by the terms of the PAL and the Municipality’s agreement to undertake
the particular Rights of Way Project (if it is to Administer the Project) in accordance with the
terms of the PAL and this Master Agreement. The Municipality shail submit the Written
Acknowledgement of the PAL to the Authorized CTDOT Representative by the deadline set forth
in the PAL. By written notice to the Municipality, the CTDOT, in its discretion, may extend or
waive the deadline set forth in the PAL for the Municipality to submit the Written
Acknowledgement of the PAL. Such extension or waiver may be granted after the date set forth
in the PAL for submission of the Written Acknowledgement of the PAL. Submission of the
Written Acknowledgement of the PAL by facsimile or electronic transmission is acceptable. The
Written Acknowledgement of the PAL shall be deemed delivered on the date of receipt by the
CTDOT if on a business day (or on the next business day after delivery if delivery occurs after
business hours or if delivery does not occur on a business day). The PAL becomes effective on the
date that the Written Acknowledgement of the PAL is delivered to the CTDOT provided the
Written Acknowledgement of the PAL is submitted by the deadline set forth in the PAL or by the
date set forth by the CTDOT in any extension or waiver of the deadline.
2.3. 
Designated Official.
The Municipality herein represents that the First Selectman of the Town of
Waterford is the Designated Official to whom the Municipality has granted the authority,
throughout the Term of this Master Agreement, to sign and submit the Written Acknowledgement
of the PAL(s) to the CTDOT on its behalf. The signature of the Designated Official shall bind the
Municipality with respect to the terms of the PAL. Signature by the individual as the Designated
Official upon any Written Acknowledgement of a PAL is a representation by such individual that
he/she holds the title of the Designated Official as of the date of his/her signature. If at any time
during the Term the Municipality seeks to modify which municipal official or representative by
title is the authorized Designated Official, the Parties must amend this section by mutual written
agreement identifying by title the new Designated Official and signed by the authorized
representatives of each Party.
2.4 
Obligations of Municipality.
Upon submission of the Written Acknowledgement of the PAL to the CTDOT, the
Master Agreement and the PAL will be incorporated into one another in their entirety and contain
the legal and binding obligations of the Municipality with respect to the Rights of Way Project.
By submitting the Written Acknowledgement of the PAL, the Municipality acknowledges that it
understands the obligations to which it is committing itself with respect to the Rights of Way
Project. Further, if the Municipality is to Administer the Project, the Municipality shall proceed
with diligence to Perform its obligations to accomplish the Rights of Way Project and shall use

Master Municipal Agreement for Rights of Way Projects
the Funding to complete the same.
2.5 
Revisions to the PAL.
Any modification to the scope, the allowed Funding amount, or cost breakdown
related to the Rights of Way Project must be approved by the CTDOT, at its sole discretion, and
set forth in a subsequent PAL newly-issued by the Authorized CTDOT Representative,
hereinafter referred to as the “Revised PAL.” The Revised PAL shail be acknowledged by the
Municipality in accordance with the procedure set forth in section 2.2, and the Revised PAL will
supersede the previously issued PAL for the Rights of Way Project and will control over any
previously issued PAL.
2.6 
PAL as a Limitation on Cost of Reimbursement.
The amount of reimbursement for the Rights of Way Project Performed by either
Party shall be based upon the cost estimate specified in the PAL, and shall not exceed the amount
specified except as set forth in a Revised Rights of Way Project cost estimate in a Revised PAL.
Article 3. 
Municipality-Administered Rights of Way Projects. 
When the Municipality is
responsible for the Rights of Way Project;
3.1 
Content of the PAL. The PAL issued by the CTDOT to the Municipality shall set
forth, at a minimum:
(a) a statement that the Municipality is responsible for the Rights of Way Project;
(b) the scope of the Rights of Way Project;
(c) the respective obligations of the Parties with respect to the Rights of Way
Project;
(d) a statement incorporating this Agreement into the PAL;
(e) a statement that any property acquired or incorporated into the Rights of Way
Project by the Municipality shall be used for transportation purposes only and
that such provision shall survive the PAL, this Agreement, the completion of
the Rights of Ways Project and the completion of any related construction
project;
(f)the Funding source(s), the related government Funding authorization or
program information, and the associated Funding ratio between the federal
government, the CTDOT, and the Municipality, as applicable, for the Rights of
Way Project;
(g) the maximum reimbursement to the Municipality under the PAL;

Master Municipal Agreement for Rights of Way Projects
(h) an estimated cost break-down for all work under the Rights of Way Project;
and
(i) the Project Amount.
3.2 
Authorization to Proceed Notice.
The Municipality shall not commence the Rights of Way Project until it has
received from the CTDOT an Authorization to Proceed Notice. The CTDOT has no responsibility
and incurs no liability for payments to the Municipality for Administration of the Rights of Way
Project or for any work Performed by the Municipality’s staff on the Rights of Way Project prior
to the CTDOT’s issuance of the Authorization to Proceed Notice.
3.3 Municipality to Perform and Complete the Rights of Way Project.
(a) The Municipality shall designate an individual to act as a liaison with the
CTDOT to provide for the proper interchange of information concerning the Rights
of Way Project. The Designated Official of this Master Agreement or his / her
successor thereto will be considered the liaison unless the Municipality designates
a liaison in accordance with this provision. The liaison will be responsible for
coordination with Municipality Parties.
(b) 
Upon issuance of a PAL by the CTDOT, submission of the Written
Acknowledgment of the PAL by the Municipality, and receipt of an Authorization
to Proceed Notice, as applicable, from the CTDOT, the Municipality shall
Administer the Rights of Way Project in accordance with the PAL and this Master
Agreement.
(c) 
With respect to any Rights of Way Project that receives federal participation
in Funding, any costs that the Municipality incurs prior to the receipt of federal
authorization for the Rights of Way Project are entirely ineligible for
reimbursement with federal funds.
(d) 
The Municipality shall use the Funding for reimbursement of the
Municipality’s approved expenses incurred in the fulfillment of the Rights of Way
Project as specified in the PAL and this Master Agreement and for no other purpose.
(e) 
The Municipality shall conduct a public involvement program in compliance
with the requirements contained in the Connecticut Department of Transportation’s
“Public Involvement Guidance Manual”, as revised, which is made a part of this
Master Agreement by reference.
(f) 
The Municipality shall permit the CTDOT and Federal Highway
Administration (when there is federal participation in Funding for the Rights of

Master Municipal Agreement for Rights of Way Projects
Way Project) to review, at any time, all work Performed under the terms of this
Master Agreement.
(g) 
| The Municipality shall comply with the requirements of the Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970
(“Uniform Act”), as amended, the regulations promulgated in association
therewith at 49 CFR Part 24, and the regulations addressing highway-related
issues not covered by the Uniform Act, including 23 CFR Part 710 (collectively,
the “Regulations”), as may be revised.
(h) 
— The Municipality shall comply with the CTDOT’s policies and procedures
with respect to Rights of Way Activities summarized in the “Information Guide
for Rights of Way Acquisition Activities,’ 
Connecticut 
Department of
Transportation (2013), as may be revised (“Information Guide”), and submit to the
CTDOT an acquisition plan (“Plan”) in accordance with the then-current
Information Guide. 
The Information Guide is incorporated into this Master
Agreement by reference.
(i) 
Upon receipt of written approval of the Plan by the CTDOT and federal
authorization for the acquisition, which is required where federal funding is
involved in the acquisition, the CTDOT shall issue a PAL to the Municipality
indicating the scope of the Rights of Way Project, the respective obligations of the
Parties with respect thereto, and the proportional sharing of costs between the
federal government, the State, and/or the Municipality. Upon receipt of
Authorization to Proceed Notice from the CTDOT, the Municipality shall
commence the Rights of Way Project.
qj) 
Pursuant to §7-148 of the Connecticut General Statutes, the Municipality
shall acquire all rights, permanent or temporary, that are required for the Rights of
Way Project, including, but not limited to, rights of access by the CTDOT, the
Municipality, and/or contractors or consultants for driveways, grading, and
sidewalks located within the construction project limits.
(k) 
| The Municipality shail certify to the State, in writing, in accordance with
the then-current Information Guide, that it has complied with the Uniform Act, as
amended, and forward to the State a summary of the acquisition procedure
followed.
e)) 
Upon completion of its Rights of Way Project, the Municipality shall
provide to CTDOT all documentation required by the then-current Information
Guide.
(m) 
Any property acquired or incorporated into the Rights of Way Project
shall be used for transportation purposes only, This provision shall survive this
Agreement, the PAL, the completion of the Rights of Way Project and the
completion of any related construction project.

3.4
Master Municipal Agreement for Rights of Way Projects
CTDOT-provided Services.
If the Rights of Way Project requires CTDOT-provided Services, they will be set
forth in the PAL and funded in accordance with the proportionate cost sharing for work on the
Rights of Way Project as set forth in the PAL. CTDOT-provided Services may include, but not
be limited to, technical assistance in engineering reviews, property map reviews, title search, cost
estimate reviews, environmental reviews, public hearing assistance, recording and transcription,
contract development, fee review and negotiations, and liaison with other governmental agencies
that may be necessary for proper development of the Rights of Way Project, while ensuring
satisfactory adherence to CTDOT and federal requirements. The CTDOT reserves the right at all
times to inspect all aspects of the work related to the Rights of Way Project, and such inspections
shall be deemed CTDOT-provided Services.
3.5 
Costs and Reimbursement.
(a) 
The Municipality shail expend its own funds to pay for costs related to
Administering the Rights of Way Project and then shall seek reimbursement for approved
costs from the CTDOT.
(b) 
The Municipality shall 
seek 
from 
the CTDOT reimbursement for the
Municipality’s expenditures, which have been approved by the CTDOT for eligible Rights
of Way Project costs. Reimbursement of CTDOT approved expenditures will be made in
the following manner:
(1) The Municipality shall submit its request for reimbursement to the CTDOT using
the CTDOT-required voucher form entitled “Invoice Summary and Processing
(ISP) Form” (“Voucher”), as may be revised, with supporting data, the cost of
services rendered and expenses incurred. 
With respect to any work that is
Performed in-house by the Municipality’s staff, the Municipality’s reimbursable
costs shall be limited to the actual payroll, and approved direct cost charges for the
staff's Performance of the Rights of Way Project.
(2) Upon review and approval of the Voucher by the CTDOT, payment of the
reimbursement portion of said costs and expenses shail be made to the
Municipality, in accordance with the proportional cost sharing established by the
PAL.
(3) Cost of Condemnation.
In the event that the Municipality must acquire the property necessary for the
completion of the Rights of Way Project by way of eminent domain, and the
condemnation results in a claim and payment of a settlement or court judgment,
this payment or judgment will be considered an additional cost of the Rights of
Way Project to be shared by the State and the Municipality in the same proportion
as set forth in the PAL.

Master Municipal Agreement for Rights of Way Projects
(4) All requests for reimbursement shall be made by the date the selected contractor is
authorized to proceed with the construction activities (“Notice to Proceed”). The
Municipality may submit any requests for reimbursements due to court awards
subsequent to the Notice to Proceed date.
(c) 
The Municipality shall document all expenses it incurs and maintain all records
related to the Rights of Way Project costs. 
Reimbursable municipal costs are limited to
reasonable industry costs for necessary activities required for the Right of Way Project as
determined by the CTDOT.
(d) 
If the Municipality fails to adequately record expenses and maintain all related
records for any Rights of Way Project or fails to submit any records to the CTDOT
promptly after being requested to do so, such failure to do so may be deemed a breach by
the Municipality, at the CTDOT’s sole discretion, and the CTDOT may deem certain
expenses to be non-eligible costs of the respective Rights of Way Project for which the
Municipality will not be eligible for reimbursement pursuant to the proportional cost
sharing established by the PAL. Furthermore, the CTDOT’s determination of certain costs
to be non-eligible costs of the Rights of Way Project does not waive any of the CTDOT’s
remedies for the breach by the Municipality of its obligations under this Master Agreement
with respect to the respective Rights of Way Project, nor relieve the Municipality from any
liability related to its breach.
(e) 
| The Municipality shall reimburse the CTDOT for all expenditures incurred by the
CTDOT on the Rights of Way Project in the event the Rights of Way Project is canceled
by the Municipality without "good cause." However, the Municipality may request
cancellation of the Rights of Way Project, and if determined by the State and the Federal
Highway Administration to be justifiable and with "good cause,” federal participation in
expenditures will be approved up to the percentage of acceptable work completed to the
approved date of cancellation, A shift in municipal priorities or lack of municipal
funding is considered to be within the control of the Municipality and will not be
considered as "good cause."
3.6 
Suspension, Postponement, or Termination of a Municipality-Administered
Rights of Way Project.
(a) 
Suspension, Postponement, or Termination by the CTDOT.
(1) For Convenience. The CTDOT, at its sole discretion, may suspend, postpone, or
terminate a particular Rights of Way Project and its respective PAL for convenience
by giving the Municipality thirty (30) days Official Notice, and such action shall in
no event be deemed a breach of the Master Agreement by the CTDOT.
(2) For Cause. As a result of the Municipality’s failure to Perform the work required
on any particular Rights of Way Project to the CTDOT’s satisfaction in accordance
with the respective PAL, the CTDOT may suspend, postpone or terminate the

Master Municipal Agreement for Rights of Way Projects
particular Rights of Way Project and its respective PAL for cause by giving the
Municipality ten (10) days Official Notice, provided that the Municipality fails to
cure, or begin to cure, the breach or failure, to the satisfaction of the CTDOT, in its
sole discretion, within the cure period that the CTDOT may, in its sole discretion,
set forth in such Official Notice. Such Official Notice shall specify the extent to
which Performance of work under the PAL is being suspended, postponed or
terminated and the date upon which such action shall be effective.
(b) 
Termination by the Municipality, with prior CTDOT approval.
(1) The Municipality may request termination of the Rights of Way Project, and if
determined by the CTDOT, in its sole discretion, to be in the best interests of the
Parties, the CTDOT may agree to the request. Additionally, with respect to Rights of
Way Projects receiving federal participation in Funding, receipt of written
concurrence from the FHWA (or other applicable federal authority) may be required
prior to the CTDOT’s approval of the request.
Once any required federal concurrence is received, the CTDOT will send approval
of termination by giving Official Notice to the Municipality specifying the extent
to which Performance of work under the PAL is terminated and the date upon which
termination is effective.
(c) 
Funding of Acceptable Work. The CTDOT, shall reimburse the Municipality upon
suspension, postponement, or termination in accordance with subsection (a)(1) or termination in
accordance with subsection (b)(1) and may at its sole discretion, reimburse the Municipality upon
suspension, postponement, or termination in accordance with subsection (a)(2). In either case, the
CTDOT may provide the Municipality with Funding in part for its expenditures, if any, up to the
percentage of acceptable work completed as of the approved date of termination, in accordance with
the following:
If in its sole discretion, the CTDOT or FHWA (or other applicable federal
authority), deems any of the work 
that the Municipality Performed to be unacceptable, then upon
demand by the CTDOT or FHWA (or other applicable federal authority), the Municipality shall
promptly return, in whole or in part, to the CTDOT or FHWA (or other applicable federal authority),
the CTDOT or federal Funding that prior to the effective date of termination was disbursed to the
Municipality to fund that unacceptable work.
(d) 
If the Municipality terminates the Rights of Way Project without the CTDOT’s prior
approval, the Municipality shall incur all costs related to the Rights of Way Project without
reimbursement from the CTDOT or FHWA (or other applicable federal authority) and shall pay the
CTDOT for any CTDOT-provided Services Performed prior to termination. With respect to federal
or state government Funding that was disbursed to the Municipality prior to the effective date of
termination, upon demand by the CTDOT or FHWA (or other applicable federal authority), the
Municipality shall promptly return any federal or state government Funding.
(e) 
Termination of a specific Rights of Way Project shall not relieve the Municipality
of its responsibilities for the work completed as of the termination date, nor shall it relieve the

Master Municipal Agreement for Rights of Way Projects
Municipality or its surety of its obligations concerning any claims arising out of the work
Performed on the Rights of Way Project prior to the termination date or any obligations existing
under insurance required by the Connecticut General Statutes or by this or any other agreement
with the CTDOT or the Municipality.
Article 4. CTDOT-Administered Rights of Way Projects. When the CTDOT is responsible for
the Rights of Way Project, the following sections of this Article apply;
4.1 
Content of the PAL. The CTDOT shall issue a PAL to the Municipality which
will set forth, at least:
(a)
(b)
(c)
(d)
(¢)
)
(g)
a statement that the CTDOT is responsible for the Rights of Way Project;
the scope of the Rights of Way Project;
the respective obligations of the Parties with respect to the Rights of Way
Project;
the Funding source(s), the related federal and CTDOT program
information, and the associated funding ratio between the federal
government, the CTDOT, and the Municipality, as applicable, for the
Rights of Way Project;
the estimated cost for all work under the Rights of Way Project;
the amount of the Demand Deposit(s) due to the CTDOT from the
Municipality for the Municipality’s proportionate share of applicable costs
for work under the Rights of Way Project; and
the Project Amount.
4.2 
CTDOT to Perform and Complete the Rights of Way Project.
(a)
(b)
(c)
The CTDOT shall use the applicable Funding apportionments to complete
the Rights of Way Project and all related activities that the CTDOT shall
Perform under the PAL and pursuant to this Master Agreement.
The CTDOT shall acquire all permanent rights that are required for the
Rights of Way Project, including, but not limited to, rights of access.
The Municipality shall acquire all temporary rights, that are required for
the Rights of Way Project, including, but not limited to, driveways,
grading, and sidewalks located within the construction project limits.
4.3, 
Demand Deposit Requirement.

Master Municipal Agreement for Rights of Way Projects
(a) 
The CTDOT shall prepare a cost estimate for the Rights of Way Project
and determine the amount of the Demand Deposit due to the State for the
Municipality’s proportionate share of such costs.
(b) 
The Municipality shall provide the Demand Deposit to the CTDOT prior
to the CTDOT’s commencement of the Rights of Way Project. The Parties agree
that the PAL is not effective until the Demand Deposit is received by the CTDOT.
(c) 
After receipt of the Demand Deposit, the CTDOT shall begin to Perform
its Rights of Way Project.
4.4 
Actual Costs Exceed Estimate.
Upon notification from the CTDOT that the actual costs of the Rights of Way
Project exceed the original cost estimate set forth in the PAL, the CTDOT shall issue a Revised
PAL and the Municipality shall further deposit with the CTDOT its proportionate share of any
such increases in costs within thirty (30) business days from the Municipality’s receipt of such
notification.
4.5 Cost of Condemnation.
In the event that the CTDOT must acquire the property necessary for the
completion of the Rights of Way Project by way of eminent domain, and the condemnation
results in a claim and payment of a settlement or court judgment, this payment or judgment will
be considered an additional cost of the Rights of Way Project to be shared by the State and the
Municipality in the same proportion as set forth in the Revised PAL.
4.6 Release of Property.
All property and property rights acquired by the CTDOT for the Municipal!
Project shall be released in a quitclaim deed with the designation “for transportation purposes
only” to the Municipality in which the property is located, All Excess Property shall be retained
by CTDOT unless otherwise determined by CTDOT. Timing for the release of property rights
shail be determined solely by CTDOT.
4.7 Suspension, Postponement, or Termination of a CTDOT-Administered Rights of
Way Project.
(a) 
The CTDOT, upon providing Official Notice, may, in its sole discretion, suspend,
postpone, ot terminate a specific Rights of Way Project, and such action shall in no event
be deemed a breach by the CTDOT.
(b) 
If the CTDOT terminates a specific Rights of Way Project, the CTDOT, may, at its
sole discretion, reimburse the Municipality, in whole or in part, for the Demand Deposit

Master Municipal Agreement for Rights of Way Projects
paid to the CTDOT for the Municipality’s proportionate share of costs on the Rights of
Way Project.
(c) 
In the case of a Rights of Way Project which received no federal or state government
Funding during its design phase, the Municipality shall pay for the costs of any CTDOT-
provided Services Performed prior to termination of the Rights of Way Project, including but
not limited to, CTDOT oversight services for the Rights of Way Project.
(d) 
‘If the Municipality terminates the Rights of Way Project without the CTDOT’s
prior approval, the Municipality shall incur all costs related to the Rights of Way Project
without reimbursement from the CTDOT or FHWA (or other applicable federal authority)
and shall pay the CTDOT for any CTDOT-provided Services Performed prior to
termination. With respect to federal or state government Funding that was disbursed to the
Municipality prior to the effective date of termination, upon demand by the CTDOT or
FHWA (or other applicable federal authority), the Municipality shall promptly return any
federal or state government Funding.
Article 5. 
Disbursement of Grant Funds; Conditions of Payment.
5.1 
Method of Disbursement.
With respect to each Rights of Way Project undertaken pursuant to this Master
Agreement, the CTDOT shall disburse the Funding to the Municipality according to a method
determined at the CTDOT’s sole discretion, and in accordance with any applicable state or federal
laws, regulations, and requirements.
5.2. 
Final Payment.
Final payment will be based on an audit performed by the State using the percentages
set forth in the respective PAL of this Master Agreement. The Municipality is also required to
Perform an audit in accordance with Article 8 of Schedule B of this Master Agreement.
5.3. 
Federal Approvals Required.
With respect to PALs that include federal participation in Funding, no PAL issued
by the CTDOT shall be effective until all required federal approvals are received by the CTDOT
for the Rights of Way Project.
5.4 
Lack of Timeliness in Municipality Performance.
If the Municipality fails to timely commence and complete the Rights of Way
Project as set forth in the respective PAL to the satisfaction of the CTDOT and in accordance
with all applicable federal, state, and local laws, regulations, ordinances, or requirements, then:
(a) 
the CTDOT has no obligation to reimburse the Municipality for its expenses

Master Municipal Agreement for Rights of Way Projects
incurred;
(b) 
to the extent any Funding already has been disbursed to the Municipality, the
Municipality shall return any disbursed funds and any interest earned to-date to the CTDOT
within ten (10) business days of receipt of a request from the CTDOT; and
(c) 
the CTDOT may recover from the Municipality the CTDOT’s costs for the
CTDOT-provided Services Performed on the Rights of Way Project. Upon receipt of
written demand from the CTDOT, the Municipality shall provide payment for the CTDOT-
provided Services within thirty (30) business days.
Article 6. 
Records and Audit.
6.1 
Audit and Inspection of Plants, Places of Business and Records.
(a) 
The State and its agents, including, but not limited to, the Connecticut Auditors of
Public Accounts, Attorney General and State’s Attorney and their respective agents, may,
at reasonable hours, inspect and examine all of the parts of the Municipality’s and
Municipality Parties’ plants and places of business which, in any way, are related to, or
involved in, the performance of this Agreement.
(b) 
The Municipality shall maintain, and shall require each of the Municipality Parties
to maintain, accurate and complete Records. The Municipality shall make all of its and the
Municipality Parties’ Records available at all reasonable hours for audit and inspection by
the State and its agents.
(c) 
The State shall make all requests for any audit or inspection in writing and shall
provide the Municipality with at leas