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RRFB PEDESTRIAN SAFETY October 31, 2025 <br />STATE FUND # HLP-PB25(004) <br />WO 3807 <br />Page 19 of 82 <br />1 <br />2 The Contracting Agency will pay the retained percentage (or release the Contract Bond if <br />3 a FHWA-funded Project) only if the Contractor has obtained from the Washington State <br />4 Department of Revenue a certificate showing that all contract-related taxes have been <br />5 paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to the <br />6 Contractor any amount the Contractor may owe the Washington State Department of <br />7 Revenue, whether the amount owed relates to this contract or not. Any amount so <br />8 deducted will be paid into the proper State fund. <br />9 <br />10 1-07.2(1) State Sales Tax Rule 171 <br />11 <br />12 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, <br />13 roads, etc., which are owned by a municipal corporation, or political subdivision of the <br />14 state, or by the United States, and which are used primarily for foot or vehicular traffic. <br />15 This includes storm or combined sewer systems within and included as a part of the street <br />16 or road drainage system and power lines when such are part of the roadway lighting <br />17 system. For work performed in such cases, the Contractor shall include Washington <br />18 State Retail Sales Taxes in the various unit bid item prices, or other contract amounts, <br />19 including those that the Contractor pays on the purchase of the materials, equipment, or <br />20 supplies used or consumed in doing the work. <br />21 <br />22 1-07.2(2) State Sales Tax Rule 170 <br />23 <br />24 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or <br />25 existing buildings, or other structures, upon real property. This includes, but is not limited <br />26 to, the construction of streets, roads, highways, etc., owned by the state of Washington; <br />27 water mains and their appurtenances; sanitary sewers and sewage disposal systems <br />28 unless such sewers and disposal systems are within, and a part of, a street or road <br />29 drainage system; telephone, telegraph, electrical power distribution lines, or other <br />30 conduits or lines in or above streets or roads, unless such power lines become a part of a <br />31 street or road lighting system; and installing or attaching of any article of tangible personal <br />32 property in or to real property, whether or not such personal property becomes a part of <br />33 the realty by virtue of installation. <br />34 <br />35 For work performed in such cases, the Contractor shall collect from the Contracting <br />36 Agency, retail sales tax on the full contract price. The Contracting Agency will <br />37 automatically add this sales tax to each payment to the Contractor. For this reason, the <br />38 Contractor shall not include the retail sales tax in the unit bid item prices, or in any other <br />39 contract amount subject to Rule 170, with the following exception. <br />40 <br />41 Exception: The Contracting Agency will not add in sales tax for a payment the Contractor <br />42 or a subcontractor makes on the purchase or rental of tools, machinery, equipment, or <br />43 consumable supplies not integrated into the project. Such sales taxes shall be included in <br />44 the unit bid item prices or in any other contract amount. <br />45 <br />46 1-07.2(3) Services <br />47 <br />48 The Contractor shall not collect retail sales tax from the Contracting Agency on any <br />49 contract wholly for professional or other services (as defined in Washington State <br />50 Department of Revenue Rules 138 and 244). <br />51