Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with The EDGE Group, Inc. to provide construction services associated with the Hauntz, Helsel, and Willow Creek Park Improvements Project. The modification amount being authorized by this ordinance is $240,625.59, with a contingency of $9,000.00, for a total of $249,625.59.
This is a planned contract modification to provide additional professional design services for the construction phase of this project. Design services include the preparation of a tree survey, public tree plan, conceptual plans, and construction documents for the pump track at Helsel Park. They also include ongoing coordination meetings and pre-installation services for naturalized areas. The modification will also prepare punch list, as-built plans, and statement of special inspections for park structures. This is a planned modification, with services not included in the original contract since the specific scope of work and associated hours were dependent on the outcomes of the community engagement and feasibility results during earlier phases.
The original project completion date of the project was December 31, 2028. The modified project completion date, as a result of the proposed modification, will remain December 31, 2028.
Amount of Additional Funds: $249,625.59
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 the initial contract scope and fee negotiation because the project scope was yet unknown. As with any park development project that begins with a master planning and community engagement phase, planned modifications for design development, construction documentation, and construction services are included. This ensures the appropriate level of scope and fee is negotiated. Additionally, when the original contract was executed, the tree technical manual, which prescribes the completion of the tree survey and public tree plan, had not yet been established.
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 this vendor's 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:
The EDGE Group, Inc.
330 West Spring Street, Suite 350
Columbus, Ohio 43215
Tedd Hardesty, (614) 486-3343
Contract Compliance Number: 001500
Contract Compliance Expiration Date: April 25, 2026
Emergency Justification: Emergency action is requested in order to allow Recreation and Parks to modify the contract as soon as possible so that the Helsel Park plans can advance at the same pace as the grant-funded Big Walnut Trail Winchester to Nafzger Park project, since the Helsel Park construction will be packaged with the trail construction that passes through the park.
Benefits to the Public: Access to trails and key destinations is one of the top rated priorities noted by Columbus residents. This project will bring a variety of new amenities to underutilized parks in the Southwest and Mideast Communities, highlighting the natural resources each park has to offer. This project will also position the parks as trailheads and destinations on a future regional trail.
Community Input/Issues: Recreation and Parks hosted two engagement sessions in each community and gathered additional input through electronic surveys and workshops. Helsel Park also had a third engagement session.
Area(s) Affected: Southwest (59), Mid East (57)
Master Plan Relation: This project will support the Recreation and Parks Master Plan by updating sports related parks, expanding amenities to appeal to a more diversified audience, and updating five neighborhood parks per year.
Fiscal Impact: The expenditure of $ $950,900.00 was legislated for the Hauntz, Helsel, and Willow Creek Park Improvements Project by Ordinances 1419-2023 and 0530-2024. This ordinance will provide funding that will modify the previously authorized amount by $249,625.59. $249,625.59 is budgeted and available from within the Recreation and Parks Voted Bond Fund 7702 to meet the financial obligations of this expenditure. The funds 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. The aggregate total amount authorized, including this modification, is $1,200,525.59.
Title
To authorize the Director of Recreation and Parks to modify an existing contract with The EDGE Group, Inc. for the Hauntz, Helsel and Willow Creek Park Improvements Project; to authorize the transfer of $249,625.59 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $249,625.59 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the expenditure of $249,625.59 from the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($249,625.59)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to modify an existing contract with The EDGE Group, Inc. to provide construction services associated with the Hauntz, Helsel, and Willow Creek Park Improvements 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 transfer of $249,625.59 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 $1,200,525.59; and
WHEREAS, it is necessary to authorize the expenditure of $249,625.59 from the Recreation and Parks 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 The EDGE Group, Inc. in order to allow Recreation and Parks to modify the contract as soon as possible so that the Helsel Park plans can advance at the same pace as the grant-funded Big Walnut Trail Winchester to Nafzger Park project, since the Helsel Park construction will be packaged with the trail construction that passes through the park, 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 The EDGE Group, Inc. for the Hauntz, Helsel, and Willow Creek Park Improvements Project.
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 from the unappropriated monies and from all monies estimated to come into said funds from any and all sources and unappropriated for any other purpose during the fiscal year ending December 31, 2025, the sum of $249,625.59 is appropriated in General Fund 1000, Income Tax Set Aside Subfund 100099, in Object Class 10 Transfer Out Operating, and in Fund 7702, Recreation and Parks Bond Fund, in Object Class 06 Capital Outlay per the account codes in the attachment to this ordinance.
SECTION 6. That the transfer of $249,625.59 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 7. 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 8. 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 5.
SECTION 9. 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 $249,625.59 (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 10. That for the purpose stated in Section 1, the expenditure of $249,625.59, 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 in object class 06 Capital Outlay per the accounting codes in the attachments to this ordinance.
SECTION 11. That this ordinance, for the reasons stated in the preamble, which are made a part of this ordinance and fully incorporated for reference as if rewritten, is declared to be an emergency measure and shall take effect and be in force from and after this ordinance’s passage and approval by the Mayor or ten (10) days after its adoption if the Mayor neither approves nor vetoes the same.