Federal Way
Public Schools
Public Works
FWPS Bidding
Contracting
FWPS Contracting
- Terms and Conditions
- Bonds
- Retainage
- Sample Insurance Certificate
- Fingerprinting/Background Checks
- Contractor Certification
- Small Works Roster
Terms and Conditions
Bonds
This information pertains only to state funded projects. Federally funded projects may have alternate requirements.
Bid Bonds - for projects estimated to cost over $350,000
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Purpose and Procedure. Each Bid exceeding the sum of Three Hundred Fifty-Thousand Dollars ($350,000.00) shall be accompanied by a bid security payable to Federal Way Public Schools in the form required in the Bidding Documents and equal to five percent (5%) of the Base Bid. The bid security constitutes a pledge that the Bidder will enter into the Contract with Federal Way Public Schools in the form provided, in a timely manner, and on the terms stated in its Bid and will furnish in a timely manner the payment and performance bonds, certificates of insurance, Contractor’s Construction Schedule, and all other documents required in the Contract Documents. Should the Bidder fail or refuse to enter into the Contract or fail to furnish such documents, the amount of the bid security shall be forfeited to Federal Way Public Schools as liquidated damages, not as a penalty. By submitting its Bid and bid security, the Bidder agrees that any forfeiture is a reasonable prediction at the time of Bid submittal of future damages to Federal Way Public Schools.
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Form. The bid security shall be in the form of a certified or bank cashier’s check payable to Federal Way Public Schools or a bid bond executed by a bonding company acceptable to Federal Way Public Schools and licensed in the State of Washington on the form included with the Bidding Documents or equivalent form acceptable to Federal Way Public Schools. The Attorney-in-Fact who executes the bond on behalf of the surety shall be licensed to do business in the State of Washington and shall affix to the bond a certified and current copy of that person’s Power of Attorney.
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Retaining Bid Security. Federal Way Public Schools will have the right to retain the Bid Security of Bidders to whom an award is being considered until the earliest of either (a) the Contract has been executed, and payment and performance bonds have been furnished, or (b) the specified time has elapsed so that Bids may be withdrawn, or (c) all Bids have been rejected.
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Return of Bid Security. Within forty-five (45) days after the Bid Date, Federal Way Public Schools will release or return Bid Securities to Bidders whose Bids are not to be further considered in awarding the Contract. Bid securities of the three apparent low Bidders will be held until the Contract has been finally executed, after which all unforfeited Bid securities will be returned.
Payment and Performance Bonds - for projects estimated to cost over $35,000
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Pursuant to RCW 39.08, the Contractor is required to submit payment and performance bonds secured from a surety company licensed to do business in the State of Washington. The Contractor shall pay for the bonds in the full amount of the Contract Sum plus sales tax. The Contractor shall deliver evidence of its bondability to the School District within five days of bid opening. Before the School District executes the Agreement, the Contractor shall deliver the original bond to the School District and one copy to the A/E. The School District may decline to enter into the contract if evidence of bondability is not received, and the School District may withhold its notice to proceed and/or withhold payment to the contractor until such surety bonds are received.
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On contracts of one hundred fifty thousand dollars or less, at the option of the contractor or the general contractor/construction manager as defined in RCW 39.10.210, the respective public entity may, in lieu of the bond, retain ten percent of the contract amount for a period of thirty days after date of final acceptance, or until receipt of all necessary releases from the department of revenue, the employment security department, and the department of labor and industries and settlement of any liens filed under chapter 60.28 RCW, whichever is later. The recovery of unpaid wages and benefits must be the first priority for any actions filed against retainage held by a state agency or authorized local government.
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For any public works contracts of $150,000 or less that require performance and payment bonds, the contractor may ask the agency to waive the bonds and instead retain 10% of the contract amount for 30 days after the date of final acceptance, or until the receipt of all necessary releases from the Department of Revenue and Department of Labor and Industries, whichever is later. See RCW 39.08.010(3).
Retainage Bonds - for projects estimated to cost over $35,000
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In lieu of retainage, a contractor may opt to submit a retainage bond.
Retainage
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Per RCW 60.28.011, the School District will retain 5% of the Contract Sum. Retainage will be released upon approval of the Department of Revenue, the Employment Security Department, Labor and Industries and as required by statute and this Agreement. Per RCW 39.08.010(3), the Contractor may choose to have 10% retainage withheld in lieu of providing Payment and Performance Bonds (only allowable for projects $150,000 and less).
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Instead of having retainage withheld from the contract payments, a contractor may opt to submit a retainage bond instead.
Sample Insurance Certificate
Fingerprinting/Background Checks
Washington State law* requires school districts to complete a thorough background check, including fingerprinting, of anyone who may have regularly scheduled, unsupervised access to children.
In order to comply with this requirement, please follow the instructions below:
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If your staff will not be on site when school is in session, please complete the Background Compliance Statement below:
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If your staff may be on site when school is in session please complete the Fingerprinting Packet below: