HomeMy WebLinkAboutResolution No. 2016-040CITY OF THE COLONY, TEXAS
RESOLUTION NO. 2016- Oqo
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, REJECTING ANY AND ALL BIDS CONCERNING
THE WIDENING OF MEMORIAL DRIVE FROM WORLEY DRIVE TO
SOUTH COLONY BOULEVARD PROJECT, BID #69-16-05, AND
REPEALING RESOLUTION NUMBER 2016-028 WHICH HAD
AWARDED THE BID FOR THE PROJECT TO TISEO PAVING
COMPANY; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
REPEALING CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on or about April 19, 2016, the City Council for the City of The Colony,
Texas (the "City Council'), awarded the Memorial Drive Widening, from Worley Drive to S.
Colony Blvd. Project, Bid # 69-16-05 (the "Project"), to Tiseo Paving Company in accordance with
state law; and
WHEREAS, on or about April 28, 2016, Quality Excavation, Ltd., filed a lawsuit against
the City of The Colony, Texas (the "City"), concerning the award of the Project, in Cause No. 16-
03350-442, filed in the 442d Judicial District Court, in Denton County, Texas (the "Lawsuit"); and
WHEREAS, in an effort to expedite construction of the Project and without admitting any
fault or liability in the Lawsuit, the City Council finds and determines that it is in the best interest of
the City and its citizens to reject any and all bids submitted on the Project, including the award of
the Project to Tiseo Paving Company, and to rebid the Project in accordance with state law.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS, THAT:
SECTION 1. The findings set forth above are incorporated into the body of this
Resolution as if fully set forth herein.
SECTION 2. The City Council finds and determines that it is in the best interest of the
City and its citizens, in an effort to expedite construction of the Project, to reject all any and all
bids for the Project, including the award of the Project to Tiseo Paving Company, pursuant to
section 252.043(fl of the Texas Local Government Code, and repeal Resolution No. 2016-028,
which had awarded the Project to Tiseo Paving Company.
SECTION 3. The City Council hereby authorizes City staff to take all actions necessary
to rebid the Project in accordance with state law.
SECTION 4. If any section, article paragraph, sentence, clause, phrase or word in this
Resolution, or application thereto any persons or circumstances is held invalid or unconstitutional
by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining
portions of this Resolution; and the City Council hereby declares it would have passed such
remaining portions of this Resolution despite such invalidity, which remaining portions shall remain
in full force and effect.
SECTION 5. All provisions of the resolutions of the City in conflict with the provisions of
this Resolution shall be, and are hereby, amended and repealed, and all other provisions of the
resolutions of the City not in conflict with the provisions of this Resolution shall remain in full force
and effect.
SECTION 6. This Resolution shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS 10' day of July, 2016.
J Mc6u , Mayor
EST:
OF
Tina Stewart, Interim City Secretary : x
:,'• _ SEAL
APPROVED AS TO FORM:
rEx a
eff Mo4e,vity Attorney
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