Public Works Contracts Clause Samples
A Public Works Contracts clause defines the terms and conditions under which a contractor agrees to perform construction, repair, or maintenance work for a government or public entity. This clause typically outlines requirements such as compliance with public procurement laws, prevailing wage rates, bonding, insurance, and adherence to specific project specifications. By establishing clear obligations and standards, the clause ensures that public projects are completed transparently, lawfully, and to the required quality, thereby protecting public interests and minimizing disputes.
Public Works Contracts. For public works contracts as defined in 18-2-401, MCA in which the total cost of the contract is $25,000 or more involving public funds, Contractor agrees to:
a. Give preference to the employment of bona fide Montana residents in the performance of the work;
b. Include provisions for work that is performed at a project location to:
i. Pay the travel allowance that is in effect and applicable to the district in which the work is being performed; and
ii. Pay the standard prevailing rate of wages, including fringe benefits, that is in effect and applicable to the district in which the work is being performed;
c. Post a copy of the applicable prevailing wage rates in a prominent and accessible site at the project location; and,
d. Maintain payroll records capable of certification for at least three years after completion of work under the Agreement.
Public Works Contracts. AND CONTRACT SPECIFICATIONS -- REQUIRED CONDITIONS: Contractor understands and agrees or certifies that:
A. They are registered, and licensed and bonded as a specialty or general contractor in the State of Oregon and that such registration license and bond shall remain in full force and effect throughout the entire duration of this contract.
B. If the contractor fails, neglects, or refuses to make prompt payment of any claim for labor or services furnished to the contractor or a subcontractor by any person, or the assignee of the person, in connection with the public works contract as such claim becomes due, the proper officer or officers of the public agency may pay such claim and charge the amount of the payment against funds due or to become due the contractor by reason of the contract, per ORS 279C.515.
C. No person will be employed for more than 10 hours in any one day, or 40 hours in any one week except in cases of necessity, emergency, or where the public policy absolutely requires it, and in such cases the person so employed must be paid at least time and one-half the regular rate of pay for all time worked:
(1) For all overtime in excess of eight hours a day or 40 hours in any one week when the work week is five consecutive days, Monday through Friday; or
(2) For all overtime in excess of 10 hours a day or 40 hours in any one week when the work week if four consecutive days, Monday through Friday; and
(3) For all work performed on Saturday and on any legal holiday specified in ORS 279C.540, and per ORS 279C.520 (1).
D. The contractor must give notice to employees who work on this contract in writing, either at the time of hire or before commencement of work on the contract, or by posting a notice in a location frequented by employees, of the number of hours per day and days per week that the employees may be required to work, per ORS 279C.520 (2).
E. The contractor must promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention, incident to sickness or injury, to employees of such contractor, of all sums which the contractor agrees to pay for such services and all moneys and sums which the contractor collected or deducted from the wages of the contractor's employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service, per ORS 279C.530.
F. The contractor is required to have a public works b...
Public Works Contracts. A. The rate of pay for all classifications of work, on Public Works Contracts, performed will be that which is predetermined by the appropriate government agency at the time the job was awarded by the contracting agency. Once the contract is awarded, the predetermined rate will prevail for the duration of the contract. In the event the determined prevailing wage is less than the regular hourly wage paid to an employee, the employee shall have the right to refuse such work without being dismissed or otherwise disciplined. All Prevailing Wage Rate administrative rules relating to the payment of overtime will be observed on Public Works Contracts.
B. Fringe benefits payments for employees shall be paid in accordance with the provisions set forth herein.
C. Contractors will notify the union prior to commencement of work if the posted prevailing wage is less than the contract wage. Upon request the Contractor will furnish the Union with copies of certified payrolls if required by the contracting agency for the work performed including the names of all bargaining unit members employed on the project and the rates of pay they receive.
D. Contractors who intentionally violate this Agreement by using the ▇▇▇▇▇-▇▇▇▇▇ Wage Rate on any job and/or project other than a ▇▇▇▇▇-▇▇▇▇▇ Project or by failing to report the job and/or project to the Union, shall be cause of the Union to file a grievance against the Contractor.
E. If found in violation with the intent, the Contractor shall no longer be allowed to use this provision of this Agreement for a minimum of six (6) months or as determined by Article 35.
Public Works Contracts. For public works contracts as defined in 18-2-401, MCA in which the total cost of the contract is $25,000 or more involving public funds, Contractor agrees to: Give preference to the employment of bona fide Montana residents in the performance of the work; Include provisions for work that is performed at a project location to: Pay the travel allowance that is in effect and applicable to the district in which the work is being performed; and Pay the standard prevailing rate of wages, including fringe benefits, that is in effect and applicable to the district in which the work is being performed; Post a copy of the applicable prevailing wage rates in a prominent and accessible site at the project location; and, Maintain payroll records capable of certification for at least three years after completion of work under the Agreement. Contractor further agrees to increase the standard prevailing rate of wages by 3% every 12 months after the contract award date and apply the adjustment every 12 months for the duration of the contract.
Public Works Contracts. ASSIGNMENT TO AWARDING BODY In accordance with Section 4551 of the Government Code, the Contractor and subcontractors agree to assign to the District all rights, title and interest in and to all causes of action it may have under Section 4 of the ▇▇▇▇▇▇▇ Act (15 U.S.C. Sec. 15) or under the ▇▇▇▇▇▇▇▇▇▇ Act (Chapter 2 commencing with Section 16700 of Part 2 of Division 7 of the Business and Professions code), arising from purchase of goods, services or materials pursuant to the Agreement. This assignment shall be made and become effective at the time the District tenders final payment to the Contractor, without further acknowledgment of the parties.
Public Works Contracts a. The contractor will comply with all laws, rules, regulations, and ordinances of the State of Texas, the County of ▇▇▇▇, and the City of Laredo relating to the employment of Labor and the performance of public works contract, and the contractor will comply with all requirements of the Laredo Independent School District regulating or applying to the performance of public improvement contracts.
b. The contractor agrees not to discriminate against any employee or applicant for employment to be employed in the performance of this agreement, with respect to hire, tenure, terms, conditions and privileges of employment, or a matter directly or indirectly related to employment, because of age (except where based on a bona fide occupational Proposal) or race, color, religion, national origin, or ancestry. The contractor further agrees that every subcontract entered into for the performance of this agreement will contain a provision requiring non-discrimination in employment herein specified, building upon each subcontractor. Breach of this covenant may be regarded as a material breach of the agreement.
c. When applicable, the contractor will procure and maintain during the life of this Workers’ Compensation Insurance in accordance with the Workers’ Compensation Act of the State of Texas, adequately protecting all labor employed by the Contractor during the life of this agreement and will provide evidence to the Laredo Independent School District that such insurance is, in fact, in force. All Certificates of Insurance will be forwarded to the Laredo Independent School District.
d. When applicable, the contractor will comply with OSHA safety rules and any other safety guidelines and standards as required by the Laredo Independent School District.
