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2025 FEDERAL OVERLAY, W MUKILTEO BLVD – GLENWOOD AVE TO DOGWOOD DR <br /> PAGE SP25 OF SP123 SPECIAL PROVISIONS <br />WORK ORDER #3842 April 15, 2025 FEDERAL AID# NHPP-2776(011) <br />1-07.2.RTF 1 <br />1-07.2 State Taxes 2 <br /> 3 <br />Delete this section, including its sub-sections, in its entirety and replace it with the following: 4 <br /> 5 <br />1-07.2 State Sales Tax 6 <br />(June 27, 2011 APWA GSP) 7 <br /> 8 <br />The Washington State Department of Revenue has issued special rules on the State 9 <br />sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The 10 <br />Contractor should contact the Washington State Department of Revenue for answers to 11 <br />questions in this area. The Contracting Agency will not adjust its payment if the 12 <br />Contractor bases a bid on a misunderstood tax liability. 13 <br /> 14 <br />The Contractor shall include all Contractor-paid taxes in the unit bid prices or other 15 <br />contract amounts. In some cases, however, state retail sales tax will not be included. 16 <br />Section 1-07.2(2) describes this exception. 17 <br /> 18 <br />The Contracting Agency will pay the retained percentage (or release the Contract Bond if 19 <br />a FHWA-funded Project) only if the Contractor has obtained from the Washington State 20 <br />Department of Revenue a certificate showing that all contract-related taxes have been 21 <br />paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the 22 <br />Contractor any amount the Contractor may owe the Washington State Department of 23 <br />Revenue, whether the amount owed relates to this contract or not. Any amount so 24 <br />deducted will be paid into the proper State fund. 25 <br /> 26 <br />1-07.2(1) State Sales Tax — Rule 171 27 <br /> 28 <br />WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, 29 <br />roads, etc., which are owned by a municipal corporation, or political subdivision of the 30 <br />state, or by the United States, and which are used primarily for foot or vehicular traffic. 31 <br />This includes storm or combined sewer systems within and included as a part of the 32 <br />street or road drainage system and power lines when such are part of the roadway 33 <br />lighting system. For work performed in such cases, the Contractor shall include 34 <br />Washington State Retail Sales Taxes in the various unit bid item prices, or other contract 35 <br />amounts, including those that the Contractor pays on the purchase of the materials, 36 <br />equipment, or supplies used or consumed in doing the work. 37 <br /> 38 <br />1-07.2(2) State Sales Tax — Rule 170 39 <br /> 40 <br />WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or 41 <br />existing buildings, or other structures, upon real property. This includes, but is not 42 <br />limited to, the construction of streets, roads, highways, etc., owned by the state of 43 <br />Washington; water mains and their appurtenances; sanitary sewers and sewage 44 <br />disposal systems unless such sewers and disposal systems are within, and a part of, a 45 <br />street or road drainage system; telephone, telegraph, electrical power distribution lines, 46 <br />or other conduits or lines in or above streets or roads, unless such power lines become a 47 <br />part of a street or road lighting system; and installing or attaching of any article of 48 <br />tangible personal property in or to real property, whether or not such personal property 49 <br />becomes a part of the realty by virtue of installation. 50 <br /> 51