1712Protection and Restoration of Property

1712.1PROPERTY

The Contractor is responsible for the preservation of all public and private property of any character in performing the Work. A Monuments The Contractor shall preserve all land and property corner monuments, R ight-of-way monuments, and vertical and horizontal control point monuments indicated in the Contract or provided in writing by the Engineer before the start of Work in the vicinity of the monument . If the Engineer determines that a monument designated for preservation was disturbed during construction A ctivities, the Department will deduct a charge of $1,000.00 per monument from the moneys due or becoming due the Contractor. The Engineer will determine the number of monuments disturbed or destroyed by the Contractor. If the Engineer determines that a monument requires removal to allow construction, the Department will not deduct the charge of $1,000.00 per monument from moneys due or becoming due the Contractor.

1712.2ADVANCE NOTICE

The Contractor shall give advance notice to the owners of all private property where the Contractor’s operations will interfere with the property. The notice shall advise the private property owners of the nature of the interference and indicate the Contractor’s intention to arrange for the protection of their property.

1712.3GENERAL LIABILITY

The Contractor is responsible for all damages to property of any character, resulting from any act, omission, neglect, or misconduct in the execution or non-execution of the Work. The Contractor will not be responsible for property within the Project Site if both of the following conditions are met:

property

The Contractor shall restore property damaged by the Contractor’s act, omission, neglect, or misconduct to a condition equal to or better than that existing before the damage occurred by repairing, rebuilding, replacing the property, or otherwise correcting the damage to the s atisfaction of the Engineer, at no additional cost to the Department. Denial of a claim by the Contractor’s insurance carrier does not relieve the Contractor of its obligations in this regard.