Earthworks Solutions, LLC 5/3/2024

CITY OF EVERETT SPECIAL PROVISIONS Water Main Replacement “Y” – Ph 1 Div 1 – GENERAL REQMTS March 2024 Work Order No. UP 3814 SP-86 https://www.everettwa.gov/formcenter/human-resources-16/request-for-temporary- construction-noise-167. The Contractor must not assume that a Noise Variance will be granted. In no event will the Contractor be entitled to any adjustment of the Contract Sum or Contract Time if a Noise Variance is denied. Typical requirements include, and not limited to, broadband backup alarms on all equipment requiring a backup alarm, anti-tail gate slamming devices, dump truck bed liners, and sawcutting, vacuum excavation, pavement breaking and loading export haul noise must be done between the hours of 7:00 a.m. and 10:00 p.m. during weekdays and between 8:00 a.m. and 6:00 p.m. on weekends. Appendix E contains the City of Everett’s Noise Variance Letter and Noise Ordinance for Bidder’s reference. Approval to continue Work during these hours may be revoked at any time the Contractor exceeds the City’s noise control regulations or complaints are received from the public or adjoining property owners regarding the noise from the Contractor’s operation. The Contractor shall have no claim for damages or delays should such permission be revoked for these reasons. 1-07.2 State Taxes Delete 1-07.2 and substitute the following: 1-07.2 State Sales Tax The Washington State Department of Revenue has issued special rules on the State sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The Contractor should contact the Washington State Department of Revenue for answers to questions in this area. The City will not adjust its payment if the Contractor bases a Bid on a misunderstood tax liability. The Contractor shall include all Contractor-paid taxes in the unit bid prices or other contract amounts. In some cases, however, state retail sales tax will not be included. Section 1-07.2(3) describes this exception. The City will pay the retained percentage only if the Contractor has obtained from the Washington State Department of Revenue a certificate showing that all Contract- related taxes have been paid (RCW 60.28.050). The City may deduct from its payments to the Contractor any amount the Contractor may owe the Washington State Department of Revenue, whether the amount owed relates to this Contract or not. Any amount so deducted will be paid into the proper State fund. 1-07.2(1) State Sales Tax — Rule 171 – Use Tax WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, roads, etc., that are owned by a municipal corporation, or political subdivision of the state, or by the United States, and that are used primarily for foot or vehicular traffic. This includes storm or combined sewer systems within and included as a part of the street or road drainage system and power lines when such are part of the roadway lighting system. For Work performed in such cases, the Contractor shall include Washington State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, including those that the Contractor pays on the purchase of the materials, Equipment, or supplies used or consumed in doing the Work. 1-07.2(2) State Sales Tax — Rule 170 –Retail Sales Tax WAC 458-20-170, Retail Sales Tax, and its related rules, apply to the constructing and repairing of new or existing buildings, or other structures, upon real property. This includes, but is not limited to, the construction of streets, roads, highways, etc., owned by the State of Washington; water mains and their appurtenances; sanitary sewers and sewage disposal systems unless such sewers and disposal systems are within, and a part of, a street or road drainage system; telephone, telegraph, electrical power distribution lines, or other conduits or lines in or above streets or roads, unless such