HomeMy WebLinkAboutResolution - 2004-R0410 - Resolution Adopting A Written Definition For Safety Record Of Bidders - 08_26_2004Resolution No. 2004-R0410
August 26, 2004
Item No. 29
RESOLUTION
WHEREAS, the current process in which contractors are awarded bids to
construct the City's Capital Improvement Projects (CIP) is public advertisement of the
project by the City and subsequent award by the City Council of the City of Lubbock of
the bid to the lowest responsible bidder; and
WHEREAS, it would often be advantageous to the citizens of the City of
Lubbock for the City Council of the City of Lubbock to consider, among other
numerous factors now considered in determining responsibility of the bidder, the safety
record of the bidders ; and
WHEREAS, Texas Local Government Code §252.0435 expressly authorizes
municipalities to take into account the safety record of the bidder in determining the
responsibility of the bidders provided that:
(1) the governing body has adopted a written definition and criteria for
accurately determining the safety record of a bidder;
(2) the governing body has given notice to prospective bidders in the bid
specifications that the safety record of a bidder may be considered in
determining the responsibility of the bidder; and
(3) the determinations are not arbitrary and capricious; and
WHEREAS, by considering the safety record of the bidders, the City of
Lubbock contemplates attracting the most responsible, qualified and competent
contractors and minimizing problems related to safety issues. NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the City of Lubbock hereby adopts the written definition and criteria for
accurately determining the safety record of a bidder to City of Lubbock's invitations to
bid, as set forth below:
The City of Lubbock shall consider the safety record of the bidders in
determining the responsibility thereof. The City may consider any
incidence involving worker safety or safety of the citizens, be it related
or caused by environmental condition, mechanical condition or
operation, supervision issues or any other cause or factor. Specifically,
the City may consider, among other things:
a. Complaints to, or final orders entered by, the Occupational Safety
and Health Review Commission (OSHRC), against the bidder for
violations of OSHA regulations within the past three (3) years.
b. Citations (as defined below) from an Environmental Protection
Agency (as defined below) for violations within the past five (5)
years. Environmental Protection Agencies include, but are not
necessarily limited to, the U.S. Army Corps of Engineers
(USACOE), the U.S. Fish and Wildlife Service (USFWS), the
Environmental Protection Agency (EPA), the Texas Commission
on Environmental Quality (TCEQ), the Texas Natural Resource
Conservation Commission (TNRCC) (predecessor to the TCEQ),
the Texas Department of Health (TDH), the Texas Parks and
Wildlife Department (TPWD), the Structural Pest Control Board
(SPCB), agencies of local governments responsible for enforcing
environmental protection or worker safety related laws or
regulations, and similar regulatory agencies of Texas or other cities
or states of the United States. Citations include notices of
violation, notices of enforcement, suspension/revocations of state
or federal licenses or registrations, fines assessed, pending criminal
complaints, indictments or convictions, administrative orders, draft
orders, final orders, and judicial final judgments.
C. Convictions of a criminal offense within the past ten (10) years
which resulted in bodily harm or death.
d. Any other safety related matter deemed by the City Council to be
material in determining the responsibility of the bidder and his or
her ability to perform the services or provision of goods required
by the bid documents in a safe environment, both for the workers
and other employees of bidder and the citizens of the City of
Lubbock.
Passed by the City Council this 26th day of August , 2004.
ATTEST:
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Rellecca Garza, City Secretary
APPROVED AS TO CONTENT:
Victor Kihnan,LPurchasing Manager
APPROVED AS TO F
Richard K. Casner
First Assistant City Attorney
ke/ccdocs/Bidders.Safety Record.res
August 18, 2004