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2025 FEDERAL OVERLAY, BROADWAY – CALIFORNIA ST TO 18TH ST SPECIAL PROVISIONS <br />FEDERAL AID# STBGUL-2715(012); COE PW# 3841 SP-25 May 6, 2025 <br /> <br />from their failure, or improper maintenance, use, or operation. The Contractor shall be 1 <br />solely and completely responsible for the conditions of the project site, including safety 2 <br />for all persons and property in the performance of the work. This requirement shall apply 3 <br />continuously, and not be limited to normal working hours. The required or implied duty of 4 <br />the Engineer to conduct construction review of the Contractor’s performance does not, 5 <br />and shall not, be intended to include review and adequacy of the Contractor’s safety 6 <br />measures in, on, or near the project site. 7 <br /> 8 <br /> 9 <br />1-07.2.RTF 10 <br />1-07.2 State Taxes 11 <br /> 12 <br />Delete this section, including its sub-sections, in its entirety and replace it with the following: 13 <br /> 14 <br />1-07.2 State Sales Tax 15 <br />(June 27, 2011 APWA GSP) 16 <br /> 17 <br />The Washington State Department of Revenue has issued special rules on the State 18 <br />sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The 19 <br />Contractor should contact the Washington State Department of Revenue for answers to 20 <br />questions in this area. The Contracting Agency will not adjust its payment if the 21 <br />Contractor bases a bid on a misunderstood tax liability. 22 <br /> 23 <br />The Contractor shall include all Contractor-paid taxes in the unit bid prices or other 24 <br />contract amounts. In some cases, however, state retail sales tax will not be included. 25 <br />Section 1-07.2(2) describes this exception. 26 <br /> 27 <br />The Contracting Agency will pay the retained percentage (or release the Contract Bond if 28 <br />a FHWA-funded Project) only if the Contractor has obtained from the Washington State 29 <br />Department of Revenue a certificate showing that all contract-related taxes have been 30 <br />paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the 31 <br />Contractor any amount the Contractor may owe the Washington State Department of 32 <br />Revenue, whether the amount owed relates to this contract or not. Any amount so 33 <br />deducted will be paid into the proper State fund. 34 <br /> 35 <br />1-07.2(1) State Sales Tax — Rule 171 36 <br /> 37 <br />WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, 38 <br />roads, etc., which are owned by a municipal corporation, or political subdivision of the 39 <br />state, or by the United States, and which are used primarily for foot or vehicular traffic. 40 <br />This includes storm or combined sewer systems within and included as a part of the 41 <br />street or road drainage system and power lines when such are part of the roadway 42 <br />lighting system. For work performed in such cases, the Contractor shall include 43 <br />Washington State Retail Sales Taxes in the various unit bid item prices, or other contract 44 <br />amounts, including those that the Contractor pays on the purchase of the materials, 45 <br />equipment, or supplies used or consumed in doing the work. 46 <br /> 47 <br />1-07.2(2) State Sales Tax — Rule 170 48 <br /> 49 <br />WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or 50 <br />existing buildings, or other structures, upon real property. This includes, but is not 51 <br />limited to, the construction of streets, roads, highways, etc., owned by the state of 52