Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with Kimley-Horn and Associates, Inc. for the Gender Road Park and McCoy Park Improvements Project. The modification amount being authorized by this ordinance is $941,941.53. This modification will also introduce improvements to Greenleaf Park and Berliner Park into the scope of the project. This project will be referred to as the McCoy Park, Greenleaf Park, and Berliner Park Improvements Project moving forward.
In June of 2023, Ordinance 1418-2023 authorized the Director of the Recreation and Parks Department to enter into contract with Kimley-Horn and Associates, Inc. to provide architectural and engineering services for the Gender Road Park and McCoy Park Improvements Project in the amount of $413,402.82. The project involved master planning, conceptual design, park programming, and public engagement. The contract had a planned fist modification in June of 2024, authorized by Ordinance 1031-2024, for an additional $1,200,000.00 to complete the detailed design phase and construction documents of these two parks.
In April of 2026, a second modification, authorized by Ordinance 1047-2026, revised the scope of work to be completed using the remaining $449,204.60 on the contract to provide master planning, conceptual design, park programming and public engagement related to McCoy Park, Greenleaf Park, and Berliner Park Adaptive Softball Field, as these sites were identified where community park amenities can be provided in Southwest Columbus. This legislation is a planned third modification to finish construction designs of these 3 parks in order to meet the expedited 2027 start of construction time frame set by the City and the Southwest Community. The original project completion date of the project was December 31, 2026. The modified project completion date, as a result of the proposed modification, will be September 30, 2027.
Amount of Additional Funds: $941,941.53
Why Additional Services Were Not Foreseen: At the time of the original contract and its first planned modification, McCoy Park was parkland within the Columbus Recreation and Parks portfolio and was the site for one of two planned park improvements scoped within the contract. It was not until the passing of Ordinance 1112-2026, which converted McCoy Park to the site of a new professional women's soccer training facility, that McCoy Park became unavailable for all of the planned improvements. It is now necessary to develop plans for Greenleaf Park, a reformatted community park for McCoy Park, and a new adaptive softball field for Berliner Park.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: It is not feasible to award additional services through another procurement process due to the timelines established in Ordinance 1112-2026, which state that the Director of Recreation and Parks shall form a working group within fifteen (15) days of acquisition of an National Women’s Soccer League (NWLS) franchise to develop plans to fulfill the expanded recreation and park opportunities and therapeutic recreation concepts originally envisioned for McCoy Park in Southwest Columbus. Also, the working group shall issue a public report of options or plans to Columbus City Council within sixty (60) days of formation, which shall outline subsequent ordinances and actions to allow for initial groundbreaking of some recreation and parks opportunities by the end of 2026 with completion of the full concept by the end of 2027.
If the department were to follow an additional traditional procurement schedule, it would result in an immediate failure to meet the above timeframe. It is also impractical to select another professional service provider, as Kimley-Horn is already in the midst of the design development for many of the same amenities that will now be planned at alternative sites. This modification will allow design to progress without interruption.
How The Price For The Additional Services Was Determined: The contract modification will use the established hourly rates in the existing contract.
Principal Parties:
Kimley-Horn and Associates, Inc.
7965 North High Street, Suite 200
Columbus, Ohio 43235
Chris Hice, (380) 215-0732
Contract Compliance Number: 024725
Contract Compliance Expiration Date: February 3, 2027
Emergency Justification: Emergency action is requested in order to provide additional design services for the final design of McCoy Park, Greenleaf Park, and an adaptive softball field at Berliner Park based on timeline commitments from the working group established by Ordinance 1112-2026, outlining the NWLS related Development Agreement.
Benefits to the Public: The park improvements will provide new therapeutic recreation amenities that have citywide benefits and new park opportunities for residents in the Southwest Columbus Community. This community is currently underserved by recreation and park amenities, has some of the highest rates of poverty, and has the lowest life expectancies in the City of Columbus.
Community Input/Issues: The Southwest Community and therapeutic recreation participants were heavily involved in the master planning and design phases for the original plans at McCoy Park. They have also been extensively involved with input on these three sites.
Area(s) Affected: Southwest (59), Citywide (99)
Master Plan Relation: This project will support the Columbus Recreation and Parks Master Plan by expanding programs and places that foster wellness. It will also address health vulnerabilities and disparities. This project will also develop space for adaptive and therapeutic recreation programs.
Fiscal Impact: The expenditure of $1,613,402.82 was legislated for the Gender Road Park and McCoy Park Improvements Project by Ordinances 1418-2023, 1031-2024 and 1407-2026. This ordinance will provide funding that will modify the previously authorized amount by $941,941.53. $941,941.53 is budgeted and available in the Recreation and Parks Voted Bond Fund 7712 to meet the financial obligations of this contract modification. The aggregate total amount authorized, including this modification, is $2,555,344.35. $941,941.53 of the funds, from within Voted Bond Fund 7712, will not be available to the Recreation and Parks Department until the proceeds of the 2025-2026 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.
Title
To authorize the Director of the Recreation and Parks Department to modify an existing contract with Kimley-Horn and Associates, Inc. for the Gender Road Park and McCoy Park Improvements Project; to authorize the transfer of $941,941.53 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $941,941.53 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the expenditure of $941,941.53 from the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($941,941.53)
Body
WHEREAS, it is necessary to authorize the Director of Recreation and Parks to modify an existing contract with Kimley-Horn Associates, Inc. to provide professional services associated with the Gender Road Park and McCoy 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 $941,941.53 between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Recreation and Parks Bond Fund, Fund 7712; 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 7712; 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 $941,941.53; and
WHEREAS, it is necessary to authorize the expenditure of $941,941.53 from the Recreation and Parks Voted Bond Fund 7712; 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 the existing contract with Kimley-Horn Associates, Inc. requested in order to provide additional design services for the final design of McCoy Park, Greenleaf Park, and an adaptive softball field at Berliner Park based on timeline commitments from the working group established by Ordinance 1112-2026, outlining the NWLS related Development Agreement, all for the 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 a contract with Kimley-Horn and Associates, Inc. to provide architectural and engineering services for the Gender Road Park and McCoy Park Improvements Project. This modification will also introduce improvements to Greenleaf Park and Berliner Park into the scope of the project. This project will be referred to as the McCoy Park, Greenleaf Park, and Berliner Park Improvements Project moving forward.
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, 2026, the sum of $941,941.53 is appropriated in General Fund 1000, Income Tax Set Aside Subfund 100099, in Object Class 10 Transfer Out Operating, and in Fund 7712, 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 $941,941.53, 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 7712, 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 7712, 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 2025-2026 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 6.
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 $941,941.53 (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 $941,941.53, 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 7712 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.