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necessary to protect the public and workmen from hazards within the project limits. The standards established in the aforementioned manual constitute the minimum requirements for normal conditions, and additional traffic control devices warning devices, barriers or other safety devices will be required where unusual, complex or particularly hazardous conditions exist. The above referenced standards were developed using F.H.W.A., U.S.D.O.T. Manual on Uniform Traffic Control Devices (MUTCD). D. TRAFFIC CONTROL DEVICES, WARNING DEVICES AND BARRIERS - INSTALLATION: The responsibility for installation and maintenance of adequate traffic control devices, warning devices and barriers, for the protection of the travel in public and workmen, as well as to safeguard the work area in general shall rest with the Contractor. Consideration shall be given to recommendations of the Engineer. The required traffic control devices, warning devices and barriers shall be erected by the Contractor prior to creation of any hazardous condition and in conjunction with any necessary re-routing of traffic. The Contractor shall immediately remove, turn or cover any devices or barriers which do not apply to existing conditions. All traffic control devices shall conform to MUTCD standards and shall be clean and relatively undamaged. Damaged devices diminishing legibility and recognition, during either night or day conditions, are not acceptable for use. E. NO WAIVER OF LIABILITY: The Contractor shall conduct his operations in such a manner that no undue hazard will result due to the requirements of this article, and the procedures and policies described therein shall in no way act as a waiver of any of the terms of the liability of the Contractor or his surety. F. Non -Compliance: Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control plan or presents a public safety concern, the contractor shall have until the end of the working day, in which notification is given, to take action to modify the maintenance of traffic. Should the contractor fail to make such modification the Owner shall have the option to fine the Contractor $400 per day until remedied. Item of Payment Payment for the work specified in this item shall be made under: Bid Item No. 2 - Maintenance of Traffic - Lump Sum SECTION 00104 - EROSION AND WATER POLLUTION CONTROL PART 1 — GENERAL 1.1 SCOPE F:\Engineering\Capital Projects\0381 Oslo Road Boat Ramp\0381 Contract Documents and Specifications\Technical Specifications - Revised 10-02-08.doc