Exhibit B

GENERAL CONDITIONS

1. STANDARD SPECIFICATIONS AND STANDARD DETAILS

2. WORK UNDER THIS CONTRACT

3. LOCATION OF PROJECT

4. RELOCATION AND/OR ADJUSTMENT OF EXISTING FACILITIES, SERVICES,

AND ACCESS

5. INDEMNIFICATION

6. INSURANCE REQUIREMENTS

7. CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS

8. SPECIAL NOTICE TO WATER LINE CONTRACTORS

9. NONPERFORMANCE OF WORK TASKS BY THE CONTRACTOR

10. CONSTRUCTION WATER

11. IMMIGRATION CONTROL ACT

12. COMPLIANCE WITH FEDERAL AND STATE LAWS

13. WORK SCHEDULE

14. UTILITIES

15. PERMITS

16. LIQUIDATED DAMAGES

17. PROJECT SCHEDULE

18. TRAFFIC CONTROL

19. FINAL INSPECTION AND ACCEPTANCE OF PROJECT

1. STANDARD SPECIFICATIONS AND STANDARD DETAILS

Attention is called to the fact that the City of Kingman is operating under the 2020 edition of the

Uniform Standard Specifications and Details for Public Works construction published by the Maricopa

Association of Governments (MAG), as amended by the City of Kingman, which is herewith incorporated by reference and made a part hereof. The MAG Specifications, MAG Standard Details, the City of Kingman addendums to MAG Specifications and the City of Kingman Standard Details may be downloaded on the City’s website at https://www.cityofkingman.gov/government/departments/engineering/standard-specification-and-details.

2. WORK UNDER THIS CONTRACT

The work to be done under this Contract shall include the furnishing of all labor, material, and equipment necessary for or incidental to the construction and completion of all work indicated in the

Contract Documents. This consists of, but is not necessarily limited to the installation of approximately

1.13 miles of 24-inch Class 250 ductile iron water transmission main and fittings, connection to the existing water system, installation of valves, traffic control, and all associated improvements as shown on the Plans and described in the Technical Specifications.

3. LOCATION OF PROJECT

This project is generally located east of Highway 93 and north of Interstate 40 within the City of

Kingman, Arizona, along the Wilshire Avenue, Anson Smith Road, and White Cliffs Road corridors as shown on the plans.

The project limits are within Section 06, T21N, R16W of the Gila and Salt River Meridian.

4. RELOCATION AND/OR ADJUSTMENT OF EXISTING FACILITIES, SERVICES,

AND ACCESS

If relocation or adjustment of existing facilities is noted on the Plans, this is intended to include the relocation or adjustment of items appurtenant to the noted piece of work, just as if they were specifically called out. If these appurtenant items are damaged, broken, or lost during construction, they shall be replaced by the Contractor with items of equal or better quality.

If it becomes necessary to relocate any existing utility lines in order to construct the proposed improvements, these relocations will be done in accordance with MAG Standard Specification 105.6.

5. INDEMNIFICATION

To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the City of

Kingman, its agents, officers, officials and employees, from and against all tortuous claims, liabilities, damages, losses and expenses (including but not limited to reasonable attorney fees, court costs, and the cost of appellate proceedings) relating to, arising out of or alleged to have resulted from the acts, errors, mistakes, omissions, work or services, negligence, recklessness or intentional wrongful conduct of the Contractor or any such subcontractor or design professional or other persons employed or used by the Contractor or any such subcontractor or design professional in the performance of the contract or subcontract.

https://www.cityofkingman.gov/government/departments/engineering/standard-specification-and-details https://www.cityofkingman.gov/government/departments/engineering/standard-specification-and-details

Contractor’s duty to hold harmless and indemnify the City of Kingman, its agents, officers, officials and employees shall arise in connection with any tortuous claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment, or destruction of property including loss or use resulting there from, caused by Contractor’s acts, errors, mistakes, omissions, work or services in the performance of this Contract including any employee of the

Contractor, any tier of Contractor’s subcontractors or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. This obligation shall survive termination or expiration of this Contract. The obligation under this section shall not extend to the negligence of the City, its agents, officers, officials, and employees.

The amount and type of insurance coverage as required herein will in no way be construed as limiting the scope of the indemnity in this paragraph.

In any and all claims against the indemnified parties by any employee of the Contractor, any subcontractor, any supplier, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, the indemnification obligation in this article on INDEMNITY shall not be limited in any way by any limitation on the amount or type of damages, compensation, or benefits payable by or for the

Contractor, or any subcontractor, or any supplier or other person under workmen’s compensation acts, disability benefit acts, or other employee acts.

The Contractor shall also indemnify and hold harmless the City of Kingman, the Design Professional, the

Owner’s representative, any jurisdiction or agency issuing permits for any work involved in the project, and their consultants, and each of their directors, officers, employees and agents from and against all losses, expenses, damages (including damages to the work itself), attorney’s fees and other costs, including costs of defense, which any of them may incur with respect to the failure, neglect, or refusal of Contractor to faithfully perform the work and all of the work and all of the Contractor’s obligations under the contract.

Such costs, expenses, and damages shall include all costs, including attorney’s fees, incurred by the indemnified parties in any lawsuit to which they are a party.

The indemnification, hold harmless provisions and City’s Liability Insurance set forth herein shall survive any termination of this Agreement.

The Contractor shall have no obligation to indemnify under this contract to the extent such claims, damages, losses and expenses are caused by the sole negligence of a party indemnified hereunder.

6. INSURANCE REQUIREMENTS

CONTRACTOR and Subcontractors shall procure and maintain until all of their obligations have been discharged, including any warranty periods under the terms of the Contract are satisfied, insurance against claims for injury to persons or damage to property which may arise from or in connection with the performance of the Work hereunder by the Contractor, his agents, representatives, employees or

Subcontractors.

The insurance requirements herein are minimum requirements for and in no way limit the indemnity covenants contained in the Contract.

The City in no way warrants that the minimum limits contained herein are sufficient to protect the

CONTRACTOR from liabilities that might arise out of the performance of the work under the Contract by the CONTRACTOR, his agents, representatives, employees, or subcontractors, or otherwise limit the City’s recourse to any remedy available at law or in equity. CONTRACTOR is free to purchase such additional insurance as may be determined necessary.

Minimum Scope And Limits Of Insurance. CONTRACTOR shall provide coverage with limits of liability not less than those shown below:

REQUIRED COVERAGE

Commercial General Liability

Commercial general liability shall be written on an occurrence basis and covering liabilities arising out of construction of the project herein. The policy shall include coverage for bodily injury, broad form property damage, personal injury, products/completed operations and blanket contractual coverage including, but not limited to, the liability assumed under the indemnification provisions of this

Contract. Policy shall not exclude explosion, collapse, underground (XCU) hazards, nor the products and completed operations hazards, or inadvertent construction defects, and shall include coverage for bodily injury, broad form property damage, personal injury, products/completed operations and blanket contractual coverage, but not limited to, the liability assumed under the indemnification provisions of the Contract. Products and completed operations liability coverage shall be maintained throughout the

Contract and shall extend for a period not less than five years following acceptance of the project.

Contractual liability applies to the hold-harmless provisions of the contract between the named insured and agreements the insured makes in connection with insured operations. Minimum coverage limit shall be no less than $1,000,000 CSL. If the policy has an aggregate limit, that limit shall not be less than $2,000,000.

Automobile Liability

Commercial auto liability includes auto hazards for the owned, non-owned and hired, leased rented, borrowed or otherwise, assigned to or used in connection with the construction of the project.

Minimum coverage limit shall be no less than $1,000,000 CSL.

Worker’s Compensation and Employers’ Liability

CONTRACTOR shall maintain Worker’s Compensation insurance at the statutory level.

Employer’s Liability shall be at a minimum of $1,000,000 each accident, $500,000 disease policy limits, $100,000 each employee.

Excess Liability

When excess liability insurance is used to supplement the required insurance limits below, the excess liability insurance must be “follow form” equal or broader in coverage scope as the underlying insurance.

Construction projects up to five million ($5,000,000) require limits of not less than five million

($5,000,000) in Commercial General Liability coverage limits. Where the commercial general liability per occurrence policy is less than $5,000,000, excess liability limits must be purchased so that the total combined policy limits meet or exceed $5,000,000.

Additional Insurance Requirements

The policies shall include, or be endorsed to include, the following provisions:

All policies, except for the Workers’ Compensation and Employers’ Liability policies shall contain endorsements naming the City of Kingman and its officers, employees, agents and volunteers as additional insureds with respect to liabilities arising out of the performance of services herein. On insurance policies where the City of Kingman is named as an additional insured, the City of Kingman shall be an additional insured to the full limits of liability purchased by the CONTRACTOR even if those limits of liability are in excess of those required by the Contract.

The CONTRACTOR's insurance coverage except for workers compensation and employer’s liability shall be primary insurance and non-contributory with respect to all other available sources maintained by the City.

The insurance Coverage provided by the CONTRACTOR shall not be limited to the liability assumed under the indemnification provisions of the Contract.

Notice Of Cancellation. Each insurance policy required under the Contract shall provide the required coverage and shall not be suspended, voided, canceled, reduced in coverage or endorsed to lower limits. Should limits or coverage change, thirty (30) days prior written notice shall be provided to the

City. Such notice shall be sent directly to the City Senior Representative and shall be sent by certified mail, return receipt requested.

Acceptability Of Insurers. Insurance is to be placed with insurers duly licensed or approved unlicensed companies in the state of Arizona and with a 2004 “A.M. Best” rating of not less than A-. The City in no way warrants that the above-required minimum insurer rating is sufficient to protect the

CONTRACTOR from potential insurer insolvency.

CERTIFICATES OF INSURANCE

Any failure, actual or alleged, on the part of the City to monitor or enforce compliance with any of the insurance and indemnification requirements will not be deemed as a waiver of any rights on the part of the City.

All certificates of insurance and policy endorsements are to be received and approved by the City before work commences. Each insurance policy required by the Contract must be in effect at or prior to commencement of work under the terms of the Contract and remain in effect for the duration of the project and/or beyond project acceptance as required herein. Failure to maintain the insurance policies as required by the Contract or to provide evidence of renewal is a material breach of the Contract.

The City project/contract number and project description shall be noted on the certificate of insurance.

The City reserves the right to require complete, certified copies of all insurance policies required by the

Contract at any time. If a policy does expire during the life of the project, a renewal certificate of insurance and policy endorsements will be sent to the City of Kingman not less than five (5) days prior to the expiration date. If a policy is to be cancelled, changed or not renewed, a proper notice of such action will be sent to the City not less than thirty (30) days prior to any such action by the insurance company.

Certificate of Insurance, Endorsements, and Notice(s) shall be sent to:

City of Kingman

Engineering Department

310 N. 4th Street (mail)

220 N. 4th Street (physical)

Kingman, Arizona 86401

Subcontractors. CONTRACTOR shall ensure all Subcontractors performing work under the terms of the Contract secure and maintain all insurance coverages (including worker's compensation) and other financial sureties required by the laws of this state and within the scope of their services in connection with their presence and the performance of their duties pursuant to the Contract. CONTRACTOR shall be responsible for ensuring that all Subcontractors endorse CONTRACTOR and the City of Kingman as additional insured and that all Subcontractors shall maintain products and completed operations liability insurance for not less than one (1) year following the acceptance date.

7. CONTRACTOR'S AFFIDAVIT REGARDING SETTLEMENT OF CLAIMS

Prior to final payment, the Contractor shall submit an executed copy of the Contractor's Affidavit

Regarding Settlement of Claims and Asbestos-Free Facility Material Certification, using the forms provided herein.

8. SPECIAL NOTICE TO WATER LINE CONTRACTORS

The Contractor is advised that the City of Kingman requires two working days advance notice to coordinate the necessary exercising and checking of valves prior to shutting off any water valves for any tie-ins, extensions or fire hydrant relocations. The Contractor shall coordinate with the Inspector any valves that need to be exercised prior to any valves being closed.

9. NONPERFORMANCE OF WORK TASKS BY THE CONTRACTOR

If the Contractor fails, neglects, or refuses to perform work tasks necessary for the completion of the total job; to replace defective work; or to repair or resurface, in an acceptable manner public right-of-ways and/or private properties disturbed by his work which are a nuisance, a hazard, or which impedes or endangers vehicular traffic and the public, the City may serve written notice upon the Contractor of its intention to have the work performed by others. Unless within three days after the service of such notice, the Contractor has made such arrangement and scheduled the accomplishment of said work tasks to the satisfaction of the City Engineer, the City will proceed to have the work accomplished by others and deduct the costs thereof from amounts due the Contractor.

10. CONSTRUCTION WATER

A hydrant meter is available from the City at no cost to the contractor. The Contractor must request the hydrant meter and complete the necessary paperwork with the Finance Department prior to obtaining it from the Public Works Department. A deposit of $1,740.00 will be required for the meter and an addition $1,000.00 deposit for setting up a new account with Utility Billing. The meter deposit will be refunded at project completion while the account deposit will be refunded after twelve months of on time payments or once meter is returned whichever is shorter in time. Water used for tests and construction purposes will also be provided by the City at no cost, except that if a repeat leakage test is required due to failure of any pipe installation to meet specifications, the Contractor shall pay the City for the water used, at the City's currently prevailing rates.

11. IMMIGRATION CONTROL ACT

The Contractor shall comply with the provisions of the Immigration Reform and Control Act of 1986, Pub. L.99-603 and the Rules and Regulations issued by the Department of Justice, effective May 1, 1987, 8 CFR Part 274a, published in the Federal Register at pages 16221 to 16228.

12. COMPLIANCE WITH FEDERAL AND STATE LAWS

The Contractor understands and acknowledges the applicability to it of the American with Disabilities

Act, the Immigration Reform and Control Act of 1986 and the Drug Free Workplace Act of 1989. The following is only applicable to construction contracts: The Contractor must also comply with A.R.S. §

34-301, “Employment of Aliens on Public Works Prohibited”, and A.R.S. § 34-302, as amended, “Residence Requirements for Employees”.

Under the provisions of A.R.S. §41-4401, Contractor hereby warrants to the City that the Contractor and each of its subcontractors (“Subcontractors”) will comply with, and are contractually obligated to comply with, all Federal Immigration laws and regulations that relate to their employees and A.R.S. §23-214(A)

(hereinafter “Contractor Immigration Warranty”).

A breach of the Contractor Immigration Warranty shall constitute a material breach of this Contract and shall subject the Contractor to penalties up to and including termination of this Contract at the sole discretion of the City.

The City retains the legal right to inspect the papers of any Contractor or Subcontractor’s employee who works on this Contract to ensure that the Contractor or Subcontractor is complying with the

Contractor Immigration Warranty. The City may, at its sole discretion, conduct random verification of the employment records of the Contractor and any of subcontractors to ensure compliance with

Contractor’s Immigration Warranty. Contractor agrees to assist the City in regard to any such inspections. The Contractor and its subcontractors warrant keeping the papers and records open for random inspection during normal business hours by the City. The contractor and its subcontractors shall cooperate with the City’s random inspections including granting the City entry rights onto its property to perform the random inspections and waiving their respective rights to keep such papers and records confidential.

Neither the Contractor nor any of Subcontractor shall be deemed to have materially breached the

Contractor Immigration Warranty if the Contractor or Subcontractor establishes that it has complied with the employment verification provisions prescribed by sections 274A and 274B of the Federal

Immigration and Nationality Act and the E-Verify requirements prescribed by A.R.S. §23-214, Subsection A.

CONTRACTOR hereby certifies that is it not currently engaged in, and agrees for the duration of this

Contract that it will not engage in, a boycott of Israel, as that term is defined in A.R.S. §35-393.

In accordance with A.R.S. §35-394, CONTRACTOR hereby certifies that it currently does not use, and agrees for the duration of this Contract that it will not use:

• The forced labor of ethnic Uyghurs in the People’s Republic of China;

• Any goods or services produced by the forced labor of ethnic Uyghurs in the

People’s Republic of China; and

• Any contractors, subcontractors or suppliers that use the forced labor or any goods or services produced by the forced labor of ethnic Uyghurs in the People’s

Republic of China.

CONTRACTOR further agrees that it will notify the City within 5 business days after becoming aware of any noncompliance of A.R.S. §35-394 during the term of this Contract. This Contract shall terminate if the CONTRACTOR does not provide the City a written certification that the noncompliance has been remedied within 180 days after the initial notification of noncompliance. If the Contract has a termination date prior to end of the remedy period, the Contract will terminate on the original Contract termination date.

13. WORK SCHEDULE

It is expected work will be conducted following a normal 8 hours per day, 40 hours per week work schedule. Night time work may be allowed at the City’s discretion (Refer to Special Provisions

Section 108.5.1). The Contractor shall submit a written request and obtain prior written approval before deviating from such a schedule (Refer to MAG Standard Specifications 108.5).

The Contractor shall conduct the work at all times in such a manner and sequence that will assure the least interference with traffic and inconvenience to the public. The Engineer may require the contractor to finish a section on which work is in progress before work is started on any additional sections, if the opening of such section is essential to the public convenience.

Except in emergencies endangering life or property, permission shall be obtained from the Engineer to perform any work after regular working hours, on weekends, or legal holidays. Prior to the start of such work, the contractor shall arrange with the engineer for the continuous or periodical inspection of the work and tests of materials as necessary.

14. UTILITIES

Contractors shall protect all existing underground structures and utilities and cooperate with the Utility

Companies in protecting all services. At least two working days (48 hours) prior to commencement of construction, the Contractor shall notify:

Blue Stake 8-1-1 or 1-800-STAKE-IT

15. PERMITS

The Contractor will obtain a no-fee right of way permit from the City Engineering Department prior to the commencement of construction for this project.

16. LIQUIDATED DAMAGES

Liquidated damages for the overall project shall be in accordance with MAG Standard Specification

108.9.

17. PROJECT SCHEDULE

Prior to commencing construction, the Contractor shall submit a project schedule that identifies major work elements and the approximate time of completion for each. The Engineer shall approve the project schedule before the Contractor proceeds with any work under this contract. See MAG

Standard Specification 108.4.

18. TRAFFIC CONTROL

The Contractor shall develop a traffic control plan. The traffic control plan shall be submitted to, and approved by the City Engineer prior to the start of work.

All traffic influenced by the construction will be regulated in accordance with M.A.G. Uniform

Standard Specifications for Public Works Construction, Part 400, Right-of-Way and Traffic Control, and Section 401, Traffic Control. It shall be the Contractor’s responsibility to provide the required traffic control devices in order to comply with the latest edition of the Manual on Uniform Traffic

Control Devices.

19. FINAL INSPECTION AND ACCEPTANCE OF PROJECT

When all work comprised in the Contract has been completed, including clean-up and restoration, the

Contractor shall so notify the Engineer in writing, and the Engineer and owner will then make a final inspection. When defects, errors and omissions disclosed by the final inspection have been corrected, acceptance will be given in writing; but until such acceptance, the Contractor will be responsible for the work covered by this Contract.

No partial inspections or acceptance of the work under this contract shall be allowed. M.A.G.

Specifications, Sect. 105.15(B) Final Acceptance section shall govern.

GENERAL CONDITIONS SUPPLEMENT

1. GENERAL

2. SUBCONTRACTS

3. PRECONSTRUCTION CONFERENCE

4. PROJECT MEETINGS

5. CONTRACTOR'S RESPONSIBILITY AND LIABILITY FOR SUBMITTALS

6. CONSTRUCTION SCHEDULE

7. SHOP DRAWINGS, SCHEDULES, AND SAMPLES

8. MATERIAL LIST

9. SUBMITTALS

10. MATERIAL AND EQUIPMENT SCHEDULES

11. MILL AND FACTORY TESTS

12. REINFORCING STEEL

13. QUALITY CONTROL

14. TRAFFIC CONTROL

15. TEMPORARY FACILITIES

16. TEMPORARY UTILITIES

17. STOCKPILE OF MATERIALS

18. EXCESS MATERIAL

19. SPECIAL CONTROLS

20. PROJECT CLOSEOUT

21. PROTECTION OF EXISTING UTILITIES

22. SURVEY CONTROL POINTS AND MONUMENTS

23. PAYMENTS TO CONTRACTOR

24. SUSPENSIONS OF WORK

25. CONSTRUCTION SURVEYING AND LAYOUT

26. STORM WATER CONSTRUCTION PERMIT

27. CHARACTER AND STATUS OF WORKMEN AND WORKMANSHIP

1. GENERAL

The City of Kingman has adopted the 2020 Edition of the "Uniform Standard Specifications for Public

Works and Construction" and the 2020 Edition of the "Uniform Standard Details for Public Works

Construction", sponsored and distributed by the Maricopa Association of Governments. These documents, with City amendments, are incorporated into these Contract Documents by reference.

In the event there is a conflict between one Contract Document and any of the other Contract

Documents, the Document highest in precedence shall control and supersede the Document which is contrary to it. The order of precedence of the Contract Documents is as follows:

First: Supplemental Agreements, the last in time being the first in precedence

Second: The formal Contract

Third: Advertisement for Bids

Fourth: Information for Bidders

Fifth: Plans

Sixth: General Conditions Supplement

Seventh: Special Provisions

Eighth: MAG General Conditions and Standard Specifications (2020 edition) Parts 100 through 700, inclusive, and Details (2020 edition), with City Addendums plus

ADOT Standard Specifications for Road and Bridge Construction (current edition) and ADOT Standard Drawings (current edition)

Ninth: Contractor Proposal

2. SUBCONTRACTS

Subcontracts shall be in accordance with MAG Standard Specification 108.2.

3. PRECONSTRUCTION CONFERENCE

Upon receipt of the Notice to Proceed, or at an earlier time if mutually agreeable, the City shall arrange for a preconstruction conference to be attended by the Contractor's superintendent, the City, and representatives of utilities, major subcontractors, and others whose input may be desired.

The purpose of this conference shall be to establish a working understanding between the parties and to discuss the construction schedule, survey schedule, shop drawings, submittals, reviews, cost breakdown of major lump sum items, applications for payment and their processing, and such other subjects as may be pertinent to the contract.

The Contractor will be required to provide the following information:

1. Names and emergency telephone numbers of key personnel involved in the project.

2. Names and contact information of all subcontractors proposed for use on the project.

3. Proposed construction schedule, indicating the time of starting and completion of each major item or phase of the project per the General Conditions Supplement.

4. Proposed payment schedule showing the estimated dollar volume of work for each calendar month during the life of the project.

5. Construction staking schedule outlining the frequency and offset of alignment and elevation stakes, to be mutually agreed upon.

6. Traffic Control plans.

No work shall begin until the Contractor’s construction schedule and traffic control plans have been reviewed and approved by the City and all required permits and licenses have been obtained.

4. PROJECT MEETINGS

Progress meetings will be held weekly from the commencement of construction until final acceptance of the project is granted. The meetings will be attended by the Contractor, subcontractors, Engineer, Inspector, utilities and other interested parties. The meetings will typical be held on-site with the time and dates established, by mutual agreement, prior to the beginning of construction. The purpose of these meetings are to establish and maintain lines of communication, report on progress, discuss and resolve problem areas and such other matters as related to the project.

5. CONTRACTOR'S RESPONSIBILITY AND LIABILITY FOR SUBMITTALS

It shall be the Contractor's responsibility to assure himself that equipment, systems, or materials submitted for use in the work under this Contract are in accordance with the intent of these Contract

Documents.

The intent of these Contract Documents is that manufacturers or suppliers of equipment, systems, or materials that are named in the text for the item specified and as altered, adjusted, or revised by the manufacturer or supplier to conform to the specific requirements of the Contract Documents will require a certain amount of review to determine compliance and acceptability. The foregoing shall not be interpreted to exclude the equipment, systems, or materials of manufacturers or suppliers who are not named but have a product that is equal to the item as specified. It shall be the responsibility of the

Contractor to ascertain that the unnamed product is equal to the item specified. The Contractor shall include with his submittal all information as required by these Contract Documents for the Substitution of Material or Equipment.

The above type of submittal and the subsequent review to determine compliance and acceptability will be taken as normal and the Contractor shall not be liable for the costs involved for this type of engineering review.

Should the Contractor submit equipment, systems, or materials from any manufacturer or suppliers, named or unnamed in the Contract Documents, that deviates from the intent or is non-responsive to the specific requirements of these Contract Documents, then he shall have deducted from periodic payments the costs of evaluating the equipment, system, or material as to its acceptability, and the

Contractor shall be liable for said cost whether the items submitted are acceptable or not. Any delay, cost to the Contractor, or rescheduling caused by the evaluation of this equipment, system or material shall be at the Contractor's expense and will not be a reason for an extension of time for Contract completion. Deviations from the intent or non-responsiveness to the specific requirements of the

Contract Documents shall include, but not be limited to; equipment, systems, or materials that are new on the market, or that have little or no operational experience; equipment, systems, or materials that are untried in the application for which they are intended to be used; equipment, systems, or materials that will require a process change, or that would cause a process to change; equipment, systems, or materials that will require changes or alterations to operational, structural, architectural, mechanical, electrical, or instrumental features.

6. CONSTRUCTION SCHEDULE

The Contractor shall submit a proposed construction schedule at the time of the preconstruction conference, for review and acceptance by the City. The construction schedule shall indicate the time of starting and completion of each major structure or phase of the project and such intermediate phases as will serve for well-defined control points. It shall also indicate the anticipated date of receipt of major items of equipment, and all items of equipment receipt and installation of which is critical to the scheduled progress of the project.

The Contractor shall notify the Engineering Department of the City of Kingman at least two (2) working days before the following events:

a. Start of construction in order to arrange for inspections to be provided by City Inspection

Department.

b. Construction staking to be provided by the City Surveyor or his authorized representative.

c. Shutdown of City water or sewer facilities for tie-ins and/or operation of existing water valves.

d. Commencement of any new phase of construction.

7. SHOP DRAWINGS, SCHEDULES, AND SAMPLES

Shop drawings, layout diagrams, catalog data, test reports, and information in sufficient detail to show complete compliance with all specified requirements shall be furnished to the Engineer covering but not limited to the items under MATERIAL LIST.

The Contractor, at his own expense, shall make such changes in the required drawings as may be necessary to conform to the Contract Documents. After completion of such checking, verification, and revising, the Contractor shall stamp and sign the drawings indicating his approval and submit the shop drawings and pertinent data for review. Prior to the approval of such drawings, any work which the

Contractor may do on the fabrications covered by the same shall be at his own risk, as the City will not be responsible for any expense or delays incurred by the Contractor for changes to make the same conform to the Contract Documents.

8. MATERIAL LIST

AC Mix Design Aggregate Base Mix Bollards

Fencing Concrete Mix Design Reinforcing Steel

Catch Basins/Grates Channel Lining Rebar

Riprap Safety Handrail Sign Post Base

Manholes Traffic Sign Panel Locator Wire

Traffic Signal/Video Detection/ITS Components

Pull Boxes/Electrical Components/Wiring

Sewer Pipe/Cleanouts

Pipe/Conduit/Storm Drain Bedding Materials

Rubber Gasket Reinforced Concrete Pipe

Sidewalk Detectable Warning Panel

Waterline Fittings/Pipe/Valves/Boxes/Fire Hydrants

9. SUBMITTALS

In time for each to serve its proper purpose and function, the Contractor shall submit such schedules, reports, drawings, list, literature, samples, operation and maintenance instructions, directions, certificates of compliance, and guarantees as are specified or reasonably required for construction, operation, and maintenance of the facilities to be built and/or furnished under this Contract and for items called out above under item 8. MATERIALS LIST.

Shop drawings and data shall be submitted to the Engineer in such number of copies as will allow him to retain four copies of each submittal. The submittal shall clearly indicate the specific area of the

Contract Documents for which the submittal is made. The additional copies received by him will be returned to the Contractor's representative at the job site. Notations of the action which has been taken will be placed on one of these returned copies.

The above drawings, lists, prints, samples, and other data shall become a part of the Contract and a copy of the same shall be kept with the job site Contract Documents, and the fabrications furnished, shall be in conformance with the same. However, the Engineer's review of the above drawings, lists, prints, specifications, samples, or other data shall in no way release the Contractor from his responsibility for the proper fulfillment of the requirements of this Contract nor for fulfilling the purpose of the installation nor from his liability to replace the same, should it prove defective or fail to meet the specified requirements.

10. MATERIAL AND EQUIPMENT SCHEDULES

Drawings of minor or incidental fabricated materials and/or equipment may not be required. The

Contractor shall furnish the Engineer tabulated lists of such fabrications, showing the names of the manufacturers and catalog numbers, together with samples or general data as may be required to permit determination by the Engineer as to their acceptability for incorporation in the work.

11. MILL AND FACTORY TESTS

The Contractor shall furnish the Engineer in triplicate, certified copies of all required factory and mill test reports to verify material quality and composition. Any materials shipped by the Contractor from a factory or mill prior to having satisfactorily passed such testing and inspection shall not be incorporated in the work, unless the Engineer shall have notified the Contractor in writing that such testing and inspection will not be required. The cost of performing all mill and factory tests shall be paid by the Contractor.

12. REINFORCING STEEL

The Contractor shall supply the City with a copy of all reinforcing steel detail drawings. Any change from the Contract Documents that is made by the Contractor in reinforcing steel shop drawings, as well as in any other shop drawings, shall be called to the Engineer's attention and specific acceptance, in writing, shall be secured on each such change. Review and acceptance of shop drawings is required on reinforcing steel that is detailed by the Contractor in accordance with the Contract Documents.

13. QUALITY CONTROL

All material shall be new and of the specified quality and equal to the approved submittals and samples. All work shall be done and completed in a thorough, workmanlike manner. It shall be the duty of the Contractor to advise the City of apparent errors or omissions and request instructions before proceeding with the work. The Engineer may, by appropriate instructions, correct errors and address omissions, which instructions shall be as binding upon the Contractor as though contained in the original Contract Documents.

At the option of the City, materials to be supplied under this Contract may be tested and/or inspected either at their place of origin or at the site of the work. The Contractor shall give the City written notification well in advance of actual readiness of materials to be tested and/or inspected at point of origin. Satisfactory tests and inspections at the point of origin shall not be construed as a final acceptance of the material nor shall it preclude retesting or re-inspection at the site of the work.

Materials which require testing and inspection at the place of origin shall not be shipped prior to such testing and inspection has been completed and evidence of such testing forwarded to the Engineer.

14. TRAFFIC CONTROL

All traffic affected by this construction shall be regulated in accordance with MAG Uniform Standard

Specifications for Public Works Construction, Part 400-Right of Way and Traffic Control, Section 401, Traffic Control and the latest Edition of the Manual on Uniform Traffic Control Devices.

At the time of the pre-construction conference, the Contractor shall designate an employee who is well qualified and experienced in construction traffic control and safety to be responsible for implementing, monitoring and altering traffic control measures, as necessary. At the same time, the City will designate a representative who will be responsible to see that all traffic control and any alternates are implemented and monitored to the extent that traffic is carried through the work area in an effective manner in order to protect motorists, pedestrians, bicyclists and workers from hazard and accidents.

The following traffic regulations listed below and those shown on the plans are a minimum requirement throughout the project duration:

A. Permission to restrict or close Public Streets shall be in accordance with MAG Uniform

Standard Specifications for Public Works Construction.

B. All traffic control devices required for this project shall be the responsibility of the Contractor.

The Contractor shall place advance warnings, speed reduction, loose gravel, do not pass signs, business access, etc. in accordance with the above reference manuals.

C. When construction activities or traffic hazards at the construction site require the use of flagman, it shall be the Contractor's responsibility to provide adequate personnel including flagmen to direct traffic safely.

D. When traffic hazards at construction sites warrant the use of certified police personnel to direct traffic, arrangements should be made with the Kingman Police Department at telephone number (928) 753-2191 at the expense of the Contractor.

E. Equipment used and/or directed by the Contractor shall travel with traffic at all times. Supply trucks shall travel with traffic except when being spotted. Provide a flagman or officer to assist with this operation.

F. During construction, it may be necessary to alter traffic control. Alterations shall be in accordance with the above referenced manuals upon prior notification of the Engineer.

G. The Contractor shall minimize disruption to adjacent business and residential access. Where two or more driveways exist for one parcel, the contractor shall leave one access open and clearly delineated. Business access points shall be clearly marked or signed and the access free from dips or bumps greater than 2 inches.

H. During inclement weather or when the unpaved roadway is wet, the contractor shall furnish and install aggregate base course 3-inches in depth or greater as needed to provide a smooth, passable surface for the roadway and driveway accesses within the project limits.

The Contractor shall submit a written proposal at the preconstruction conference outlining plans for traffic control including phasing of traffic control and maintaining continuous access to residences and businesses affected by the traffic control of this project.

Any changes to the traffic control plan during construction shall be submitted to the Engineer for approval at least seventy-two (72) hours before implementation.

The Contractor shall provide, erect and maintain all necessary flashing arrow boards, barricades, suitable and sufficient lights, warning and danger signals and signs and take all necessary precautions for the protection of the work and safety of the public. The Contractor shall provide, erect and maintain acceptable and adequate detour signs at all closures and along detour routes. The Contractor shall maintain all existing traffic signs erect, clean and in full view of the intended traffic at all times.

Street name signs at major street intersections shall be maintained erect at all times. If these signs interfere with construction, the Contractor shall temporarily relocate said signs under the direction of the Inspector. The Contract will re-set all traffic and street signs relocated by the project to permanent locations when the construction is complete.

All barricades and obstructions shall be illuminated at night, and all safety lights shall be kept burning sunset until sunrise. All barricades and signs used by the Contractor shall conform to the standard design, generally accepted for such purposes, and payment for all such services and materials shall be considered as included in the other related pay items of the Contract.

No open trenches shall be permitted overnight where they cross existing pavement. Temporary patches shall be allowed in locations of new pavement placement. These trenches must be patched the same day with either hot mix asphalt, cold mix asphalt, concrete slurry, or plated for nighttime travel.

15. TEMPORARY FACILITIES

The Contractor shall provide all temporary facilities and utilities required for prosecution of the work, protection of employees and the public, protection of the work from damage by fire, weather or vandalism, and such other facilities as may be specified or required by any legally applicable law, ordinance, rule, or regulation.

The Contractor shall locate his office and shops, storage areas, employee parking, and other support activities in the Contractor's yard area as accepted by the Engineer.

16. TEMPORARY UTILITIES

ELECTRICAL SERVICE: The Contractor shall arrange with the local utility to provide adequate temporary electrical service at a mutually agreeable location. The contractor shall then provide adequate job site distribution facilities conforming to applicable codes and safety regulations.

The Contractor shall provide, at this own cost, all electric power required for construction, testing, general and security lighting, and all other purposes whether supplied through temporary or permanent facilities.

WATER: Water used for construction purposes will be provided by the City at no cost. Water used for human consumption shall be kept free from contamination and shall conform to the requirements of the State and local authorities for potable water. Water for construction purposes must be free of impurities that would be detrimental in the construction process.

TEMPORARY LIGHTING: The Contractor shall provide temporary lighting in all work areas sufficient to maintain a lighting level during working hours not less than the lighting level required by OSHA standards.

HEATING AND VENTILATION: The Contractor shall provide means for heating and ventilating all work areas as may be required to protect work from damage by freezing, high temperatures, weather, or to provide a safe environment for workers. Heating may be by steam coils, vented or unvented direct fired heaters, or remote heating facilities except that unvented direct fired heaters shall not be used in any area where freshly placed concrete will be exposed to the combustion gasses, until at least two hours after it has attained its initial set.

SANITARY FACILITIES: The Contractor shall provide suitable chemical toilets or water closets for use of employees on this work. At the end of the job, such toilets shall be removed completely.

ACCIDENT PREVENTION: The Contractor shall comply with all applicable provisions of

MAG Section 107, with the following changes: In Paragraph 107.5, SAFETY, HEALTH AND

SANITATION PROVISIONS, the words "Maricopa County" shall be deleted, and the words

"Mohave County" substituted. In the second paragraph, the words "or as the Engineer may determine" shall be deleted.

CONSTRUCTION FACILITIES: All construction hoists, elevators, scaffolds, stages, sheeting, shoring, and similar temporary facilities shall be of ample size and capacity to adequately support and/or move the loads to which they will be subjected. All railings, enclosures, safety devices, and controls required by law or for adequate protection of life and property shall be provided.

TEMPORARY ENCLOSURES: When sandblasting, spray painting, spraying of insulation, or other similar activities are in progress the work area shall be enclosed adequately to contain the dust, overspray, or other potential hazard.

WARNING DEVICES AND BARRICADES: The Contractor shall adequately identify and guard all hazardous areas and conditions by visual warning devices and, where necessary, physical barriers. Such devices shall, as a minimum, conform to the requirements of the Occupational Safety and Health Administration and the Manual on Uniform Traffic Control Devices.

PROTECTION OF EXISTING ITEMS: The Contractor shall protect all existing structures, trees, shrubs, and other items on the project site that are to be preserved, by substantial barricades or other devices commensurate with the hazard, from injury or destruction by vehicles, equipment, workmen, or other agencies.

PROJECT SECURITY: The Contractor shall make adequate provision to protect the project and Contractor's facilities from fire, theft, and vandalism, and the public from unnecessary exposure to injury.

17. STOCKPILE OF MATERIALS

The Contractor may, if approved by the City, place or stockpile materials in the public right-of-way provided they do not prevent access to adjacent properties or prevent compliance with traffic regulations. Traffic shall not be required to travel over stockpiled materials, and proper dust control shall be maintained. No material, when stockpiled shall alter in anyway the existing drainage pattern.

18. EXCESS MATERIAL

When excavations are made, resultant loose earth shall be utilized for filling by compacting in place or disposed of off the site.

Waste material shall not be placed on private property without express written permission of the property owner. A grading permit may be required for the placement of this material.

The Contractor at all times shall keep the premises free from accumulations of waste materials or rubbish caused by his operations. At the completion of the work, he shall remove all equipment, tools and surplus materials, and shall completely clean the premises, removing and disposing of all debris, rubbish, loose concrete, lumber, wire reinforcing and other materials not incorporated in the work. The

Contractor shall provide for the legal disposal of all waster products, debris, etc., and shall make necessary arrangements for such disposal as stated above.

19. SPECIAL CONTROLS

The Contractor shall take all reasonable means to minimize inconvenience and injury to the public by dust, noise, diversion of storm water, or other agencies under his control.

DUST CONTROL: The Contractor shall take whatever steps, procedures, or means as are required to prevent abnormal dust conditions being caused by his operations in connection with this

Contract; and on any unpaved road which the Contractor or any of his subcontractors are using, excavation or fill areas, demolition operations, or other activities. Control shall be by sprinkling, use of dust palliatives, modification of operations, or any other means acceptable to the Health or

Environmental Control Agency having jurisdiction.

NOISE ABATEMENT: In inhabited areas, particularly residential, operations shall be performed in a manner to minimize unnecessary noise generation. In residential areas particular consideration shall be given to noise generated by construction activities during the night hours. City code (7-208(d)) allows for construction activity between the hours of 6:00 am and sunset. Any deviation from a normal 8 hours per day, 40 hours per week work schedule will require a written request from the Contractor (Refer to MAG Standard Specification 108.5).

DRAINAGE CONTROL: Excavation, fill, and grading operations shall be performed so as to disturb the pre-existing drainage patterns as little as possible. Drainage water shall not be diverted onto private property or into streets or drainage ways inadequate for the increased flow.

20. PROJECT CLOSEOUT

It is the intent of these Contract Documents that the Contractor shall deliver a complete and operable facility capable of performing its intended functions and ready for use.

CLEANUP: Throughout the period of construction the Contractor shall keep the work site clean and free of all rubbish and debris, and shall promptly remove from any portion of the site, or from property adjacent to the site of the work, all unused materials, surplus earth and debris.