[HISTORY: Adopted by the Borough Council of the Borough of
Tyrone 10-10-1983 by Ord. No. 866. Amendments noted where applicable.]
GENERAL REFERENCES
Administration of government — See Ch. 3.
A.
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]
B.
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.
A.
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.
B.
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.
C.
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.
D.
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:
A.
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.
B.
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.
C.
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.
D.
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[1] 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.
[1]
Editor's Note: See 77 P.S. § 1 et seq.
