Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with E. L. Robinson Engineering of Ohio Co. to provide construction services associated with the Big Walnut Trail - Refugee Road to East Main Street - Stage 2 Phase 1 Project. The modification amount being authorized by this ordinance is $1,500,000.00.
This is a planned legislative request for Stage 2 of the central section of the Big Walnut Trail. This section includes 3.5 miles of 10 foot asphalt trail from Nafzger Park on Refugee Road to the north end of Big Walnut Park at East Main Street. The central reach of the Big Walnut Trail is developing into one of the region’s most scenic and accessible greenways in Central Ohio. It will put thousands of residents of the Mid East, South East, and Far East Communities within a few minutes access to the regional trail network.
This project has been awarded $7,483,914.00 from Mid-Ohio Regional Planning Commission (MORPC) Attributable Funds towards construction in the 2028 fiscal year. The extension begins in Nafzger Park, along Big Walnut Creek at Refugee Road. From there, the trail will head north along Big Walnut Creek and the Noe Bixby Road corridor, passing beneath I-270, Norfolk Southern Railroad, and I-70 to a proposed stream crossing into Big Walnut Park. The trail then uses the existing one mile trail ending north of Livingston Avenue. The final segment will head north through Big Walnut Parkland to the northern terminus on the south side of East Main Street at the Fairway Boulevard signal crossing. The project will also provide connection to the Walnut Heights, Pine Hills, and Shady Lane Neighborhoods.
Ordinance 2015-2024 authorized Stage 1, which encompassed preliminary engineering, environmental studies, and community outreach. The Stage 2 contract modification is structured into two phases to allow the consultant to advance the project while the City awaits capital fund replenishment from the upcoming bond sale.
The Stage 2 scope of work includes detailed design of the trail, associated structures, and trailheads. It also includes securing all necessary local, state, and federal permits required for complete construction documentation.
Phase 1 of Stage 2 will proceed under a negotiated scope with a funding cap of $1,500,000.00. Phase 2 will provide the remaining funds necessary to complete the full Stage 2 scope. It is expected to be legislated in first quarter of 2026 when funding is available. A third planned modification in the third quarter of 2026 will be for construction administration services. Construction of the 3.5 mile central Big Walnut segment is projected to begin in the Ohio Department of Transportation’s 2028 fiscal year.
The original project completion date of the project was September 11, 2026. The modified project completion date, as a result of the proposed modification, will remain September 11, 2026.
Amount of Additional Funds: $1,500,000.00
Why Additional Services Were Not Foreseen: These additional services were foreseen. However, the level of effort required to complete the services was unknown at the time of initial contract scope and fee negotiation. As with all trail projects, a planned modification is included between preliminary engineering, stage 1, and detailed design, stage 2, to ensure the appropriate level of scope and fees are negotiated.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: The current contractor has in-depth understanding of the project needs and expertise in the specific nuances of the subject matter. As a result, modifying the current contract is more cost efficient than awarding the additional scope to a potentially different vendor through another procurement process.
How The Price For The Additional Services Was Determined: The price for additional services was determined on negotiated scope based on established hourly rates in the original contract.
Principal Parties:
E. L. Robinson Engineering of Ohio Co.
950 Goodale Boulevard, Suite 180
Grandview Heights, Ohio 43212
Angela Fedak, 614-586-0642
Contract Compliance Number: 005858
Contract Compliance Expiration Date: January 19, 2026
Emergency Justification: Emergency action is requested to allow Stage 2 work to begin as soon as possible so the grant funding requirements can be met.
Benefits to the Public: Access to trails and key destinations is one of the top rated priorities noted by Columbus residents. This project will provide significant connectivity for residents in Mid East, South East and Far East area Communities by extending existing regional trail access to and through several parks and neighborhoods.
Community Input/Issues: As part of the MORPC grant application process, Recreation and Parks received dozens of letters of support for this project from the members of the community, including many students from Independence High School and the neighboring communities.
Area(s) Affected: Citywide (99)
Master Plan Relation: This project will support the Recreation and Parks Master Plan by improving access to trails and greenways corridors. The project will provide equitable and safe access to the trail system for under-served communities.
Fiscal Impact: The expenditure of $692,000.00 was legislated for the Big Walnut Trail - Refugee Road to East Main Street Project by Ordinance 2015-2024. This ordinance will provide funding that will modify the previously authorized amount by $1,500,000.00. $462,969.30 is budgeted and available from within the Recreation and Parks Permanent Improvement Fund 7747 to meet the financial obligations of a portion of this expenditure. The remaining funds, in the amount of $1,037,030.70, will not be available to the Recreation and Parks Department until the proceeds of the 2024-2025 bond sale are available at a future date. Therefore, it is necessary to certify the required funds against the General Fund 1000, Income Tax Set Aside Subfund 100099. Upon the sale of bonds, this will be reimbursed. There is a total of $1,500,000.00 available for this project. The aggregate total amount authorized, including this modification, is $2,192,000.00.
Title
To authorize the Director of the Recreation and Parks Department to modify an existing contract with E.L. Robinson Engineering of Ohio Co. for the Big Walnut Trail - Refugee Road to East Main Street Project to add additional funding; to authorize the transfer of $1,037,030.70 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $462,969.30 within the Recreation and Parks Permanent Improvement Fund; to authorize the appropriation of $1,037,030.70 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the transfer of $462,969.30 within the Recreation and Parks Permanent Improvement Fund; to authorize the expenditure of $1,500,000.00 from the Recreation and Parks Permanent Improvement Fund and Voted Bond Fund; and to declare an emergency. ($1,500,000.00)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to modify an existing contract with E. L. Robinson Engineering of Ohio Co. to provide construction services associated with the Big Walnut Trail - Refugee Road to East Main Street - Stage 2 Phase 1 Project; and
WHEREAS, the City anticipates incurring certain Original Expenditures (as defined in Section 1.150-2(c) of the Treasury Regulations (the "Treasury Regulations") promulgated pursuant to the Internal Revenue Code of 1986, as amended, with respect to the construction of the project described in this ordinance (the "Project"); and
WHEREAS, it is necessary to authorize the appropriation of $462,969.30 within the Recreation and Parks Permanent Improvement Fund 7747;
WHEREAS, it is necessary to authorize the transfer of $462,969.30 within the Recreation and Parks Permanent Improvement Fund 7747;
WHEREAS, it is necessary to authorize the transfer of $1,037,030.70 between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Recreation and Parks Bond Fund, Fund 7702; and
WHEREAS, funds will need to be appropriated within the General Fund 1000, Income Tax Set Aside Subfund 100099 and within the Recreation and Parks Bond Fund, Fund 7702; and
WHEREAS, the City will reimburse the General Fund 1000, Income Tax Set Aside Subfund 100099; and
WHEREAS, this transfer should be considered as a temporary funding method; and
WHEREAS, the aggregated principal amount of obligations which the City will issue to finance this project is presently expected not to exceed $1,037,030.70; and
WHEREAS, it is necessary to authorize the expenditure of $1,500,000.00 from the Recreation and Parks Permanent Improvement Fund and Voted Bond Fund 7702; and
WHEREAS, an emergency exists in the usual daily operations of the Recreation and Parks Department in that it is immediately necessary to authorize the Director to modify an existing contract with E. L. Robinson Engineering of Ohio Co. to add additional funding so that Stage 2 work can begin as soon as possible so the grant funding requirements can be met, all for the immediate preservation of the public health, peace, property, safety, and welfare; and NOW THEREFORE,
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF COLUMBUS:
SECTION 1. That the Director of the Recreation and Parks Department be and is hereby authorized to modify an existing contract with E.L. Robinson Engineering of Ohio Co. for the Big Walnut Trail - Refugee Road to East Main Street Project. The modification amount being authorized by this ordinance is $1,500,000.00.
SECTION 2. That the funds necessary to carry out the purpose of this ordinance are hereby deemed appropriated, and the City Auditor shall establish such accounting codes as necessary.
SECTION 3. That the City Auditor is authorized to make any accounting changes to revise the funding source for all contracts or contract modifications associated with this ordinance.
SECTION 4. That the City Auditor is hereby authorized to transfer the unencumbered balance in a project account to the unallocated balance account within the same fund upon receipt of certification by the Director of the Department administering said project that the project has been completed and the monies are no longer required for said project.
SECTION 5. That the appropriation of $462,969.30 is authorized within the Recreation and Parks Permanent Improvement Fund 7747 per the accounting codes in the attachment to this ordinance.
SECTION 6. That the transfer of $462,969.30, or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Permanent Improvement Fund 7747 per the account codes in the attachment to this ordinance.
SECTION 7. That the transfer of $1,037,030.70 or so much thereof as may be needed, is hereby authorized between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Recreation and Parks Bond Fund, Fund 7702, per the account codes in the attachment to this ordinance.
SECTION 8. That the City Auditor is hereby authorized to transfer said funds to the Recreation and Parks Voted Bond Fund 7702, at such time as is deemed necessary by the City Auditor, and to expend said funds, or so much thereof as may be necessary.
SECTION 9. That upon obtaining other funds from the 2024-2025 Bond Sale for the City of Columbus, the City Auditor is hereby authorized and directed to repay the General Fund 1000, Income Tax Set Aside Subfund 100099 the amount transferred under Section 7.
SECTION 10. That the City intends that this ordinance constitutes an "official intent" for purposes of Section 1.150 2(e) of the Treasury Regulations, and that the City reasonably expects to reimburse itself for certain Original Expenditures incurred with respect to the Project from the proceeds of obligations to be issued by the City in a principal amount currently estimated to be $1,037,030.70 (the "Obligations"). The City intends to make a reimbursement allocation on its books for the Original Expenditures not later than eighteen months following the later to occur of the date of the Original Expenditure to be reimbursed or the date the Project for which such Original Expenditures were made is "placed in service" within the meaning of Treasury Regulations Section 1.150 2(c). Upon the issuance of the Obligations, the proceeds of such Obligations shall be used to reimburse the fund from which the advance for costs of the Project will be made.
SECTION 11. That for the purpose stated in Section 1, the expenditure of $1,500,000.00, or so much thereof as may be necessary to pay the cost thereof, be and is hereby authorized from the Recreation and Parks Voted Bond Fund 7702 and Permanent Improvement Fund 7747 in object class 06 Capital Outlay per the accounting codes in the attachments to this ordinance.
SECTION 12. That for the reasons stated in the preamble hereto, which is hereby made a part hereof, this ordinance is hereby declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.