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C . Non- Compliance : Should the Owner or Engineer determine that traffic within the project is not being maintained in accordance with the approved traffic control pian 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 . SECTION 120 EMBANKMENT Price and payment will be full compensation for all earthwork including all material for constructing the embankment ; all clearing and grubbing ; removal of rubbish and vegetation ; all excavating; boxing out shoulder widening; placing and compacting material , compacting existing subgrade ; removal and disposal of excess material ; grading shoulders to match elevation of pavement edge and existing ground ; dressing of the surface; and maintenance and protection of completed earthwork . Payment will be made under : Item No . 120- 6 - Embankment — Lump Sum SECTION 234 SUPERPAVE ASPHALT BASE A. Sub Article 234- 10 (Page 208) is modified by deleting any reference to adjustment of pay area and replacing it with the following : No additional payment will be made for base thickness in excess of the specified thickness B . Payment shall be made under : Item No . 285 -7 — Asphalt Base ,Type B - 12 . 5 - Per Square Yard SECTION 300 PRIME AND TACK COATS All prime and tack materials as identified in the 2004 FDOT Road and Bridge Specifications and 2004 Supplements may be used . Article 300-9 Basis of Payment (Page 209) is deleted and the following substituted : The quantities to be paid for under this Section shall be included in the cost of the following contract items : FAPublic Works\Capital Projects\CR 512 & Oslo- Milling, Resurfacing and Shoulder Paving\Bid Document5 . 18 .04.doc Page 18 of 58