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2026 Pavement Maintenance Overlay Special Provisions <br />PW# 3860 SP - 31 March 5, 2026 <br />1 <br />2 If the scope of such design-related professional services includes work related to pollution <br />3 conditions, the Professional Liability insurance shall include coverage for Environmental <br />4 Professional Liability. <br />5 <br />6 If insurance is on a claims-made form, its retroactive date, and that of all subsequent <br />7 renewals, shall be no later than the effective date of this Contract. <br />8 <br />9 1-07.24.RTF <br />10 1-07.24 Rights of Way <br />11 (April 22, 2025 APWA GSP) <br />12 <br />13 Delete this section and replace it with the following: <br />14 Street Right of Way lines, limits of easements, and limits of construction permits are <br />15 indicated in the Plans. The Contractors construction activities shall be confined within <br />16 these limits unless arrangements for use of private property are made as described <br />17 below. <br />18 Generally, the Contracting Agency will have obtained, prior to bid opening, all rights of <br />19 way and easements, both permanent and temporary, necessary for carrying out the work. <br />20 Exceptions to this are noted in the Bid Documents or will be brought to the Contractors <br />21 attention by a duly issued Addendum. <br />22 Whenever any of the work is accomplished on or through property other than public Right <br />23 of Way, the Contractor shall meet and fulfill all covenants and stipulations of any <br />24 easement agreement obtained by the Contracting Agency from the owner of the private <br />25 property. Copies of the easement agreements may be included in the Contract <br />26 Provisions or made available to the Contractor as soon as practical after they have been <br />27 obtained by the Engineer. <br />28 Whenever easements or rights of entry have not been acquired prior to advertising, these <br />29 areas are so noted in the Plans. The Contractor shall not proceed with any portion of the <br />30 work in areas where right of way, easements or rights of entry have not been acquired <br />31 until the Engineer certifies to the Contractor that the right of way or easement is available <br />32 or that the right of entry has been received. If the Contractor is delayed due to acts of <br />33 omission on the part of the Contracting Agency in obtaining easements, rights of entry or <br />34 right of way, the Contractor will be entitled to an extension of time. The Contractor agrees <br />35 that such delay shall not be a breach of contract. <br />36 Each property owner shall be given 48 hours notice prior to entry by the Contractor. This <br />37 includes entry onto easements and private property where private improvements must be <br />38 adjusted. <br />39 The Contractor shall be responsible for providing, without expense or liability to the <br />40 Contracting Agency, any additional land and access thereto that the Contractor may <br />41 desire for temporary construction facilities, storage of materials, or other Contractor <br />42 needs. However, before using any private property, whether adjoining the work or not, <br />43 the Contractor shall file with the Engineer a written permission of the private property <br />44 owner, and, upon vacating the premises, a written release from the property owner of <br />45 each property disturbed or otherwise interfered with by reasons of construction pursued <br />46 under this contract. The statement shall be signed by the private property owner, or <br />47 proper authority acting for the owner of the private property affected, stating that <br />48 permission has been granted to use the property and all necessary permits have been <br />49 obtained or, in the case of a release, that the restoration of the property has been