[HISTORY: Adopted by the Borough Council of the Borough of Tyrone 10-10-1983 by Ord. No. 866. Amendments noted where applicable.]
Administration of government — See Ch. 3.
Bids must be publicly opened at the time and place established by the Borough; however, the acceptance and award of bids shall only be made by public announcement at the meeting (regular or special) of the Council of the Borough of Tyrone immediately following the bid opening. If for any reason the bids are not accepted and awarded at said meeting of the Council, the acceptance and award of the bids may be made at any subsequent meeting if the date and time of the meeting are announced at said regular or special meeting immediately following the bid opening, or if at least one days' notice of the date and time of the meeting is published in a newspaper of general circulation in the Borough of Tyrone. The Council may request that a certified check and/or other type of financial security acceptable to the Solicitor, in an amount determined by it, shall accompany a bid.
[Amended 10-10-1994 by Ord. No. 1074]
The successful bidder, when advertising as required herein, may, at the discretion of the Council, be required to furnish a bond with suitable reasonable requirements guaranteeing the work to be done with sufficient surety in the amount of 50% of the amount of the liability under the contract, within 20 days after the contract has been awarded, unless the Council shall prescribe a shorter period of not fewer than 10 days; and upon failure to furnish such bond within such time, the previous award shall be void. Deliveries, accomplishment and guaranties may be required in all cases of expenditures.
In the preparation for the erection, construction or alteration of any public building, when the entire cost of such work shall exceed $4,000, the architect, engineer or other person preparing such specification may, if so requested by the Borough Council, prepare separate specifications for the plumbing, heating, ventilating and electrical work. The person or persons authorized to enter into contracts for the erection, construction or alteration of such public buildings may, if such separate specifications shall have been proposed, receive separate bids upon each of said branches of work and shall thereupon award the contract for the same to the lowest responsible bidder for each of said branches.
It shall be the duty of every Borough to require any person, copartnership, association or corporation entering into a contract with such Borough for the construction, erection, installation, completion, alteration or repair of or addition to any public work or improvement of any kind whatsoever, where the amount of such contract is in excess of $4,000, before commencing work under such contract to execute and deliver to such Borough, in addition to any other bond which may now or hereafter be required by law to be given in connection with such contract, an additional bond for the use of any and every person, copartnership, association or corporation interested, in a sum not less than 50% and not more than 100% of the contract price, as such Borough may prescribe, having as surety thereon one or more surety companies legally authorized to do business in this commonwealth, conditioned for the prompt payment of all material furnished and labor supplied or performed in the prosecution of the work, whether or not said material or labor enter into and become component parts of the work or improvement contemplated. Such additional bond shall be deposited with and held by the Borough for the use of any party interested thereon. Every such additional bond shall provide that every person, copartnership, association or corporation which, whether as subcontractor or otherwise, has furnished material or supplied or performed labor in the prosecution of the work, as above provided, and which has not been paid therefor, may sue in assumpsit on said additional bond, in the name of the Borough, for his, their or its use and prosecute the same to final judgment for such sum or sums as may be justly due him, them or it and have execution thereof; provided, however, that the Borough shall not be liable for the payment of any costs or expense of any suit.
The specifications upon which contracts are entered into by any Borough for the construction, alteration or repair of any public work or improvement may, at the option of the Borough Council, contain the minimum wage or wages which may be paid by the contractor or his subcontractors for the work performed by laborers and mechanics employed on such public work or improvement; and such laborers and mechanics shall, in such cases, be paid not less than such minimum wage or wages.
Every contract for the construction, alteration or repair of any public work or improvement founded on specifications containing any such stipulation for minimum wage or wages shall stipulate a penalty of an amount equal to twice the difference between the minimum wage contained in said specifications and the wage actually paid to each laborer or mechanic for each day during which he shall have been employed at a wage less than that prescribed in said specifications.
Every officer or person designated as an inspector of or having supervision over the work to be performed under any such contract, in order to aid in enforcing the fulfillment thereof, shall, upon observation or investigation, report to the Borough Council or agency which let the contract all violations of minimum wage stipulations, together with the name of each laborer or mechanic who has been paid a wage less than prescribed by the specifications and the day or days of such violation.
All such penalties shall be withheld and deducted for the use of the Borough from any moneys due the contractor by the officer or person whose duty it shall be to authorize the payment of moneys due such contractor, whether the violation of the minimum stipulation of the specifications was by the contractor or by any of his subcontractors. If any such contractor or subcontractor subsequently pays to all laborers and mechanics the balance of the amounts stipulated in such contract, the Borough shall pay to the contractor the amounts so withheld as penalties.
Every contract for or on behalf of any Borough for the construction, alteration or repair of any public building or public work may contain provisions by which the contractor agrees that:
In the hiring of employees for the performance of work under such contract or any subcontract hereunder, no contractor, subcontractor or any person acting on behalf of such contractor or subcontractor shall by reason of race, creed or color discriminate against any person who is qualified and available to perform the work to which the employment relates.
No contractor, subcontractor or any person on his behalf shall, in any manner, discriminate against or intimidate any employee hired for the performance of work under his contract on account of race, creed or color.
There may be deducted from the amount payable to the contractor under such contract a penalty of $5 for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provision of the contract.
Such contract may be canceled or terminated by the Borough, and all money due or to become due thereunder may be forfeited for a second or any subsequent violation of the terms or conditions of this part of the contract.
All contracts executed by any Borough or any officer thereof which involve the construction or doing of any work involving the employment of labor shall contain a provision that the contractor shall accept, insofar as the work covered by any such contract is concerned, the provisions of the Workmen's Compensation Act of the Commonwealth of Pennsylvania and that the said contractor will insure his liability thereunder or file with the Borough with which the contract is made a certificate of exemption from insurance from the Bureau of Workmen's Compensation of the Department of Labor and Industry. Any contract executed in violation of this section shall be null and void.
Editor's Note: See 77 P.S. § 1 et seq.