Explanation
BACKGROUND: The City Attorney represents the City of Columbus and Short North Special Improvement District (the "SID") in litigation concerning the design and construction of the North High Street Ornamental Illuminated Street Arches Project (the "Project"). The Project has encountered operational problems and it is necessary to pursue litigation against all responsible parties to protect the interests of the City and the SID. It is further necessary to obtain expert engineering services in order to properly prosecute the claims of the City and the SID. Lighting Technologies & Services, Inc., located in Franklin, Wisconsin is an independent consulting firm providing expert investigation, testing, analysis, and inspection of lighting product design, application, and failure. James L. Rhiner, a principal in Lighting Technologies, is an electrical engineer with extensive experience in the area of fiber optic lighting design and is qualified to represent the City's and SID's interest in a court of law. Therefore, the City Attorney seeks authorization to retain the services of Lighting Technologies and James L. Rhiner.
FISCAL IMPACT: Funds were not specifically budgeted for this action, however, sufficient funds are available in the appropriate account.
Title
To authorize the City Attorney to enter into a professional services agreement with Lighting Technologies and Services, Inc. , to authorize the expenditure of Twenty-Five Thousand Dollars and 00/100 ($25,000.00), to waive competitive bidding and to declare an emergency. ($25,000.00)
Body
WHEREAS, it is necessary for the City to obtain expert consulting services in the area of electrical engineering and fiber optic lighting in order to support litigation against all responsible parties involved in the Project;and
WHEREAS, an emergency exists in the usual daily operation of the City's Division of Transportation in that it is immediately necessary for the public peace, health, safety and welfare of the City to enable the City Attorney to enter into a contract for such services at the beginning of the litigation; and
WHEREAS, a bid waiver form is attached to this ordinance; and now therefore,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS, OHIO:
SECTION 1. To authorize and direct the City Attorney to enter into a maximum amount contract, not to exceed $25,000.00 with Lighting Technologies & Services, Inc., on behalf of the City's Department of Public Service, Division of Transportation.
SECTION 2. That for the purpose of paying the cost of the subject professional services contract, the expenditure of $25,000.00, or as much thereof as may be needed, be and the same hereby is, appropriated and authorized to be expended from the Department of Public Service, Division of Transportation, No. 59-09, Fund No. 704, Project No. 530058, Object Level Three No. 6682, OCA No. 644385.
SECTION 3. That the City Auditor is authorized to draw warrants upon the treasury for services provided thereunder upon receipt of invoices approved by the Division of Transportation.
SECTION 4. That for the reasons set forth above in the preamble hereto which is incorporated as if fully restated herein, this ordinance is deemed to be an emergency measure and shall take effect and be in force from and immediately after its passage and signature by the Mayor or within ten (10) days thereafter if the Mayor neither signs nor vetoes the same.