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I <br /> 1` 1 duty of the Engineer to conduct construction review of the Contractor'sp erformance <br /> 2 does not, and shall not, be intended to include review and adequacy of the Contractor's <br /> I 3 safety measures in, on, or near the project site. <br /> 4 <br /> 5 <br /> I 6 1-07.2.GR1 <br /> 7 State Taxes <br /> 8 <br /> I 9 1-07.2RTF <br /> 10 1-07.2 State Taxes <br /> 11 <br /> I 12 Delete this section, including its sub-sections, in its entirety and replace it with the following: <br /> 13 <br /> 14 1-07.2 State Sales Tax <br /> 15 (June 27, 2011 APWA GSP) <br /> 16 <br /> 17 The Washington State Department of Revenue has issued special rules on the State <br /> 18 sales tax. Sections 1-07.2(1) through 1-07.2(3) are meant to clarify those rules. The <br /> I 19 Contractor should contact the Washington State Department of Revenue for answers to <br /> 20 questions in this area. The Contracting Agency will not adjust its payment if the <br /> 21 Contractor bases a bid on a misunderstood tax liability. <br /> I 22 <br /> 23 The Contractor shall include all Contractor-paid taxes in the unit bid prices or other <br /> 24 contract amounts. In some cases, however, state retail sales tax will not be included. <br /> I 25 Section 1-07.2(2) describes this exception. <br /> 26 <br /> 27 The Contracting Agency will pay the retained percentage (or release the Contract Bond <br /> I 28 if a FHWA-funded Project) only if the Contractor has obtained from the Washington <br /> 29 State Department of Revenue a certificate showing that all contract-related taxes have <br /> 30 been paid (RCW 60.28.051). The Contracting Agency may deduct from its payments to <br /> 31 the Contractor any amount the Contractor may owe the Washington State Department of <br /> 32 Revenue, whether the amount owed relates to this contract or not. Any amount so <br /> 33 deducted will be paid into the proper State fund. <br /> 34 <br /> 1 35 1-07.2(1) State Sales Tax— Rule 171 <br /> 36 <br /> 37 WAC 458-20-171, and its related rules, apply to building, repairing, or improving streets, <br /> I 38 roads, etc., which are owned by a municipal corporation, or political subdivision of the <br /> 39 state, or by the United States, and which are used primarily for foot or vehicular traffic. <br /> 40 This includes storm or combined sewer systems within and included as a part of the <br /> I 41 street or road drainage system and power lines when such are part of the roadway <br /> 42 lighting system. For work performed in such cases, the Contractor shall include <br /> 43 Washington State Retail Sales Taxes in the various unit bid item prices, or other contract <br /> I <br /> 44 <br /> 45 amounts, including those that the Contractor pays on the purchase of the materials, <br /> equipment, or supplies used or consumed in doing the work. <br /> 46 <br /> I 47 1-07.2(2) State Sales Tax— Rule 170 <br /> 48 <br /> 49 WAC 458-20-170, and its related rules, apply to the constructing and repairing of new or <br /> 50 existing buildings, or other structures, upon real property. This includes, but is not <br /> I51 limited to, the construction of streets, roads, highways, etc., owned by the state of <br /> I PACIFIC&BROADWAY SAFETY IMPROVEMENTS <br /> FED AID#HSIP-0005(331);COE#3523 <br /> CITYWIDE SAFETY IMPROVEMENTS <br /> FED AID#HSIP-0005(330);COE#3524 23 December 23,2015 <br />