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CITY OF EVERETT SPECIAL PROVISIONS <br />Beverly Lake Water Quality Retrofit Division 1 – GENERAL REQUIREMENTS August 2023 <br />WO No – UP3745 SP – 87 <br />If the scope of Work in this Contract includes Work at the City of Everett Water Filtration <br />Plant or the Waste Water Pollution Control Facility, Contractor shall comply with the <br />requirements of the Washington Department of Labor & Industries for such work <br />including, but not limited to, Chapter 296-67 WAC. All costs associated or incurred in <br />complying with these regulations or any other regulations listed above are included in <br />the Contractor’s Proposal. <br />In cases of conflict between different safety regulations, the more stringent regulation <br />shall apply. <br />The Washington State Department of Labor and Industries shall be the sole and <br />paramount administrative agency responsible for the administration of the provisions of <br />the Washington Industrial Safety and Health Act of 1973 (WISHA). <br />The Contractor shall maintain at the project site office, or other well-known place at the <br />project site, all articles necessary for providing first aid to the injured. The Contractor <br />shall establish, publish, and make known to all employees, procedures for ensuring <br />immediate removal to a hospital, or doctor’s care, persons, including employees, who <br />may have been injured on the project site. Employees should not be permitted to work <br />on the project site before the Contractor has established and made known procedures <br />for removal of injured persons to a hospital or a doctor’s care. <br />The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of <br />the Contractor’s plant, appliances, and methods, and for any damage or injury resulting <br />from their failure, or improper maintenance, use, or operation. The Contractor shall be <br />solely and completely responsible for the conditions of the project site, including safety <br />for all persons and property in the performance of the Work. This requirement shall <br />apply continuously, and not be limited to normal working hours. The required or implied <br />duty of the Engineer to conduct construction review of the Contractor’s performance <br />does not, and shall not, be intended to include review and adequacy of the Contractor’s <br />safety measures in, on, or near the project site. <br />1-07.1(7) Noise <br />Work within 500 feet of residential properties between the hours of 10:00 p.m. and 7:00 <br />a.m. during weekdays and between the hours of 6:00 p.m. and 8:00 a.m. on weekends <br />or holidays are subject to noise control requirements if the work generates decibel levels <br />of greater than 55 db(A). <br />Appendix J contains the City of Everett’s Noise Ordinance for Bidder’s reference. <br />Approval to continue Work during these hours may be revoked at any time the Contractor <br />exceeds the City’s noise control regulations or complaints are received from the public <br />or adjoining property owners regarding the noise from the Contractor’s operation. The <br />Contractor shall have no claim for damages or delays should such permission be <br />revoked for these reasons. <br />1-07.2 State Taxes <br />Delete 1-07.2 and substitute the following: <br />1-07.2 State Sales Tax <br />The Washington State Department of Revenue has issued special rules on the State <br />sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The <br />Contractor should contact the Washington State Department of Revenue for answers to <br />questions in this area. The City will not adjust its payment if the Contractor bases a Bid <br />on a misunderstood tax liability.