2012-68

ORDINANCE AUTHORIZING THE SERVICE DIRECTOR TO ENTER INTO CONTRACT WITH LIMBACH COMPANY LLC FOR THE MARION CITY HALL HVAC SYSTEM RENOVATION PROJECT IN THE CITY OF MARION OHIO, COUNCIL HAVING CONSIDERED THE MATTER EXTENSIVLY AND FINDING A REAL AND PRESENT NEED TO DECLARE AN EMERGENCY UNDER ORC 735.051, AND DECLARING AN EMERGENCY

WHEREAS, The Service Director has provided a great amount of extensive detail and analysis to the Council at Council or Committee meetings conducted on, but not limited to: June 6, 12, 13; July 3 and 24, 2012 related to the thirty-one year old City Hall H.V.A.C. system which said Service Director has demonstrated is in an urgent and immediate need of major attention. The Council having inquired as to the several options available, consented to the Service Director's suggestion to form an ad hoc committee of knowledgeable persons, to wit: Todd Pettett, Mike Makowski, Josh Daniels, Sulu Kelley, Bill Coleman, Jay Shoup and Art Blair),

WHEREAS, the Council having heard the detailed and through report of the aforementioned ad hoc committee as referenced by dates set forth above is convinced there is a real, present and urgent emergency to forgo statutory letting under the provisions afforded a Council under ORC 735.051 it is herein declared an emergency condition is present and does warrant foregoing formal bidding and advertising

BE IT ORDAINED BY the Council of the City of Marion, Marion County, Ohio:

Section 1: Based upon the report of the Service Director and, in addition, the extensive detail and analysis the Council has been provided in the matter herein, including meetings conducted on or about, but not limited to: June 6, 12, 13; July 3 and 24, 2012. The Council herein finds the thirty-one year old City Hall H.V.A.C. system which is failed and/or failing is in a state of urgent and immediate need of major attention. The Council having considered, after extensive and thorough inquiry as to the options available, declares an emergency and determines it necessary to forgo statutory letting under the provisions afforded a Council under ORC 735.051 and herby authorizes the Service Director to enter into a contract with Limbach Company LLC of Columbus, Ohio for the Marion City Hall’s HVAC renovation project for the base amount of $258,043.00 consistent with the specifications and details presented in writing to Council on August 6, and August 21, 2012, and containing a contractual prohibition that the costs shall not exceed the borrowed amount of $ 300,000.00, all over-sight and project management shall be with the Service Director.

Section 2: That the cost of such contract not to exceed $ 300,000.00 will be payable out of the General Fund.

Section 5: That this ordinance is hereby declared to be an emergency measure necessary for the immediate preservation of the public peace, welfare and safety of the City of Marion and the inhabitants thereof, Due to the real and present need to move forward without delay given the imminent threat of additional costs associated with the systems continual failure and band aid repairs which are excessively expensive and the need to ensure the work environment of the City Hall employees and guests are not such that creates an on-going threat to health, as has been recently experienced, and as such shall take effect and be in force immediately upon its passage and approval by the Mayor, provided it receives the affirmative vote of two-thirds of all members elected to Council; otherwise it shall become effective from and after the earliest period allowed by law.


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Approved: Dave Edwards
President of Council

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Mayor Scott Schertzer

Attest:


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Clerk of Council