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CITY OF EVERETT SPECIAL PROVISIONS <br />LS47-Beverly Lake Sewer Replacement Division 1 – GENERAL REQUIREMENTS January 30, 2025 <br />WO No – UP3529 SP – 78 <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). Contractor may apply for a Noise Variance a minimum of 30 <br />days prior to performing work and pay $100.00 application fee, using the following link <br />to obtain the latest information on noise variance requirements: <br />https://www.everettwa.gov/formcenter/human-resources-16/request-for-temporary- <br />construction-noise-167. The Contractor must not assume that a Noise Variance will be <br />granted. In no event will the Contractor be entitled to any adjustment of the Contract <br />Sum or Contract Time if a Noise Variance is denied. <br />Typical requirements include, and not limited to, broadband backup alarms on all <br />equipment requiring a backup alarm, anti-tail gate slamming devices, dump truck bed <br />liners, and sawcutting, vacuum excavation, pavement breaking and loading export haul <br />noise must be done between the hours of 7:00 a.m. and 10:00 p.m. during weekdays <br />and between 8:00 a.m. and 6:00 p.m. on weekends. <br />Appendix E 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. <br />The Contractor shall include all Contractor-paid taxes in the unit bid prices or other <br />contract amounts. In some cases, however, state retail sales tax will not be included. <br />Section 1-07.2(3) describes this exception. <br />The City will pay the retained percentage only if the Contractor has obtained from the <br />Washington State Department of Revenue a certificate showing that all Contract-related <br />taxes have been paid (RCW 60.28.050). The City may deduct from its payments to the <br />Contractor any amount the Contractor may owe the Washington State Department of <br />Revenue, whether the amount owed relates to this Contract or not. Any amount so <br />deducted will be paid into the proper State fund. <br />1-07.2(1) State Sales Tax — Rule 171 – Use Tax <br />WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, <br />roads, etc., that are owned by a municipal corporation, or political subdivision of the <br />state, or by the United States, and that are used primarily for foot or vehicular traffic. <br />This includes storm or combined sewer systems within and included as a part of the <br />street or road drainage system and power lines when such are part of the roadway <br />lighting system. For Work performed in such cases, the Contractor shall include <br />Washington State Retail Sales Taxes in the various unit bid item prices, or other contract <br />amounts, including those that the Contractor pays on the purchase of the materials, <br />Equipment, or supplies used or consumed in doing the Work.