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2025 PAVEMENT MAINTENANCE OVERLAY SPECIAL PROVISIONS <br />PW# 3830 <br /> SP-16 March 26, 2025 <br /> <br />1-07.1.RTF 1 <br />1-07.1 Laws to be Observed 2 <br />(October 1, 2005 APWA GSP) 3 <br /> 4 <br />Supplement this section with the following: 5 <br /> 6 <br />In cases of conflict between different safety regulations, the more stringent regulation 7 <br />shall apply. 8 <br /> 9 <br />The Washington State Department of Labor and Industries shall be the sole and 10 <br />paramount administrative agency responsible for the administration of the provisions of 11 <br />the Washington Industrial Safety and Health Act of 1973 (WISHA). 12 <br /> 13 <br />The Contractor shall maintain at the project site office, or other well known place at the 14 <br />project site, all articles necessary for providing first aid to the injured. The Contractor 15 <br />shall establish, publish, and make known to all employees, procedures for ensuring 16 <br />immediate removal to a hospital, or doctor’s care, persons, including employees, who 17 <br />may have been injured on the project site. Employees should not be permitted to work 18 <br />on the project site before the Contractor has established and made known procedures 19 <br />for removal of injured persons to a hospital or a doctor’s care. 20 <br /> 21 <br />The Contractor shall have sole responsibility for the safety, efficiency, and adequacy of 22 <br />the Contractor’s plant, appliances, and methods, and for any damage or injury resulting 23 <br />from their failure, or improper maintenance, use, or operation. The Contractor shall be 24 <br />solely and completely responsible for the conditions of the project site, including safety 25 <br />for all persons and property in the performance of the work. This requirement shall apply 26 <br />continuously, and not be limited to normal working hours. The required or implied duty of 27 <br />the Engineer to conduct construction review of the Contractor’s performance does not, 28 <br />and shall not, be intended to include review and adequacy of the Contractor’s safety 29 <br />measures in, on, or near the project site. 30 <br /> 31 <br /> 32 <br />1-07.2.RTF 33 <br />1-07.2 State Taxes 34 <br /> 35 <br />Delete this section, including its sub-sections, in its entirety and replace it with the following: 36 <br /> 37 <br />1-07.2 State Sales Tax 38 <br />(June 27, 2011 APWA GSP) 39 <br /> 40 <br />The Washington State Department of Revenue has issued special rules on the State 41 <br />sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The 42 <br />Contractor should contact the Washington State Department of Revenue for answers to 43 <br />questions in this area. The Contracting Agency will not adjust its payment if the 44 <br />Contractor bases a bid on a misunderstood tax liability. 45 <br /> 46 <br />The Contractor shall include all Contractor-paid taxes in the unit bid prices or other 47 <br />contract amounts. In some cases, however, state retail sales tax will not be included. 48 <br />Section 1-07.2(2) describes this exception. 49 <br /> 50 <br />The Contracting Agency will pay the retained percentage (or release the Contract Bond if 51 <br />a FHWA-funded Project) only if the Contractor has obtained from the Washington State 52