The director of transportation may declare an emergency if circumstances exist that threaten life, safety, or health or if a situation arises that would greatly increase the costs of a project if not addressed. The director shall declare an emergency by preparing a written statement of the circumstances that exist that warrant the declaration. Notwithstanding section 127.16 of the Revised Code, the director may then select a firm with appropriate qualifications and negotiate a contract for the immediate performance of emergency professional services. Not later than thirty days after the professional services have been performed, the director shall submit a written report to the controlling board indicating the amount of the emergency contract, the services performed by the firm, and the circumstances giving rise to the emergency.

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Terms Used In Ohio Code 5526.08

  • Contract: A legal written agreement that becomes binding when signed.
  • Firm: means any person or limited liability company that is legally engaged in rendering professional services. See Ohio Code 5526.01
  • Professional services: means any of the following:

    (1) The practice of engineering as defined in section 4733. See Ohio Code 5526.01

  • Qualifications: means all of the following:

    (1) The competence of a firm to perform required professional services as indicated by the technical training, education, and experience of the firm's personnel, in particular the technical training, education, and experience of the firm's personnel assigned to perform professional services for the department;

    (2) The ability of a firm in terms of its workload and the availability of qualified personnel, equipment, and facilities to perform the required professional services competently and expeditiously;

    (3) The past performance of a firm as indicated by evaluations of previous clients of the firm with respect to such factors as control of costs, quality of work, and meeting of deadlines;

    (4) Any other relevant factors as determined by the director. See Ohio Code 5526.01