R-343-5-81e
0
RESOLUTION NO. 343
A RESOLUTION REJECTING ANY AND ALL BIDS CONNECTED WITH THE
CONSTRUCTION OF A PROPOSED FIRE STATION NO. 2 IN AND FOR THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS
WHEREAS, it has come to the attention of the City Council of the City of Allen that in
connection with competitive bidding for a proposed public works contract, to -wit: The
proposed construction of a fire station No. 2 in and for the City of Allen, Collin County,
Texas, Project No. 8024, there has arisen a question concerning whether the City, in calling
for said bids on said contract, may have, inadvertently, failed to comply with the notice
requirements contained in Article 2368a, Sec. 2.(c), V.A.T.S., and Article 2368x.3, Sec. 3.(b),
V.A.T.S.; and,
WHEREAS, the City Council of the City of Allen has been advised by its City Attorney,
A. Don Crowder, that a failure to comply with said notice requirements contained in the
aforementioned statutes may well render the award of any such contract void or voidable and
could subject the City of Allen to liability for said omission, inadvertent or not; and,
WHEREAS, the City Council of the City of Allen is of the opinion that it has no
alternative but to reject any and all bids of each and every party thus far received in
connection with Project No. 8024 as is provided for in the above and foregoing state statutes
and to resubmit said proposed project and contract to competitive bids after having fully
complied with all relevant state laws governing competitive bidding for public works
contracts;
NOW, THEREFORE, BE IT RESOLVED THAT:
1. The City Council of the City of Allen hereby, pursuant to the provisions of Article
2368a, Sec. 2.(c), and 2368a.3, Sec. 5, V.A.T.S., and acting on the advice and counsel of its
City Attorney, hereby exercises its right under said state statutes to reject any and all bids in
connection with Project No. 8024, relative to the construction of a fire station No. 2 in and for
the City of Allen and specifically does hereby reject any and all bids in connection with said
project and orders the City Manager of the City -of Allen to resubmit at the earliest possible
Resolution No: 343 1 Page 2
date such proposed project and contract to competitive bidding in accordance with the
aforementioned state statutes and any and all other laws that govern its application.
2. FURTHER RESOLVED, that the City Council of the City of Allen further directs
the City Manager, in receiving competitive bids in connection with the resubmission of said
public works contract, to obtain from any person, firm or corporation having previously bid on
the proposed public works contract and who desires to resubmit a bid in connection therewith,
a release in the form attached hereto as Exhibit "A" and made a part hereof for all purposes.
3. FURTHER RESOLVED, that the City Council of the City of Allen takes the action
called for in this Resolution in an effort to comply with all laws of every nature and kind
concerning the proposed public works project and contract referred to herein and for the
protection of all bidders as well as for the public welfare of the citizens of Allen, Collin
County, Texas, those to whom said individual members of the Council are duly bound to serve.
UNANIMOUSLY PASSED this =d day of May, 1981.
M. B. Pierson, Mayor
ATTEST:
Marty Hendrix, Qity Secretary
Attachment to Resolution No. 343
THE STATE OF TEXAS S
S
COUNTY OF COLLIN S
RELEASE
The undersigned person or firm or corporation hereby acknowledges that he or it had
previously submitted a competitive bid in connection with a proposed public works contract of
the City of Allen, Collin County, Texas, to -wit: Project No. 8024 relative to the construction
of fire station No. 2 in and for the City of Allen, Collin County, Texas.
The undersigned further hereby acknowledges that he or it has received a copy of
Resolution No. 343 rejecting any and all bids in connection with said competitive bidding
process relative to said proposed project for the reasons stated in said Resolution.
The undersigned further wishes to resubmit his or its competitive bid in connection with
said proposed public works contract as contemplated by the above referred to Resolution and,
in so doing, hereby agrees that as a privilege therefor, the undersigned hereby releases the
City of Allen, its Council members and its agents, servants and/or employees from any and all
liability, of every nature and kind, relative to the undersign's original submission of a bid in
connection with Project No. 8024 relative to the construction of fire station No. 2 in and for
the City of Allen, Collin County, Texas.
EXECUTED this day of _, A.D., 1981.
Its
EXHIBIT A