Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department modify an existing contract with Pavement Protectors, Inc. DBA M&D Blacktop to provide construction services associated with the Hard Surfaces Program 2024 - Phase 2 Project. The modification amount being authorized by this ordinance is $854,402.25, with a contingency of $29,000.00, for a total of $883,402.25. An additional $1,000.00 is being authorized for interdepartmental inspections and fees for a total of $884,402.25 being authorized by this ordinance.
The Hard Surfaces Program is an annual program to improve concrete and asphalt surfaces. This project modification addresses additional improvements needed at four parking lots and connecting drives at the Anheuser-Busch Sports Park Complex. This resurfacing work needs to align with existing construction contracts bringing pickleball courts, lighting, and turf infields to the sports complex. This resurfacing and related efforts need ample time to not cause disruptions to scheduled programming. All of these improvements will elevate the sports complex facilities that allow for national level events such as the North American Gay Amateur Athletic Association’s Gay Softball World Series.
Additionally, the Sustainable Columbus Team at the Department of Public Utilities has allocated $50,000.00 in their operating budget to support a “cool surfaces” project that will install solar reflective color coating at Blackburn Park. In collaboration with Sustainable Columbus and City Council, the additional color coating at Blackburn Park is being included with this modification to reduce project costs. This product is piloted for future funding allocations for "Smart Surfaces" with the goal of reducing overall ambient temperatures within Columbus Recreation and Parks properties based on Sustainable Columbus' 2022 Urban Heat Island Study.
Amount of Additional Funds: $884,402.25
Why Additional Services Were Not Foreseen: An opportunity presented itself for Columbus to be the host city for the 2026 North American Gay Amateur Athletic Association's Gay Softball World Series, which is the largest annual week-long, LGBTQ+ single-sport, athletic competition in the world. This event would bring participants from fifty-four cities across North America to the Anheuser-Busch Sports Complex. Securing this high profile event for Columbus requires park improvements be made prior to the start of the 2026 softball season.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: The additional resurfacing work needs to align with existing construction contracts to bring pickleball courts, lighting, and turf infields to the sports complex. This resurfacing and related efforts need ample time to not cause disruptions to scheduled programming.
How The Price For The Additional Services Was Determined: Unit prices from the existing contract were used to determine the price for work at Anheuser-Busch Sports Complex. An allocation of $50,000 from Sustainable Columbus is being used for the reflective color coating work at Blackburn Park.
Principal Parties:
Pavement Protectors DBA M&D Blacktop
2020 Longwood Avenue
Grove City, Ohio 43123
Mark Nance, (614) 875-9989
Contract Compliance Number: 004731
Contract Compliance Expiration Date: January 24, 2027
Emergency Justification: Emergency action is requested to ensure hard surface improvements are completed prior to the 2026 sports season to fulfill community commitments and to minimize impacts to programming.
Benefits to the Public: This modification will provide accessible and usable asphalt improvements for Anheuser-Busch Sports Park and Blackburn Park. These efforts will improve the level of service at these locations for residents and visitors. Over 4,400 residents live within a 10-minute walk and thousands more residents live within a 10-minute drive of Blackburn Park. The Anheuser-Busch Sports Complex has 1,977 residents within a 10-minute walk. This location also hosts local and national organizations’ sporting events annually.
Community Input/Issues: These improvements are based off community requests for improvements through word of mouth, 311 submissions, and staff recommendations.
Area(s) Affected: Northwest (34), Near East (56)
Master Plan Relation: This project will support the Recreation and Parks Master Plan by removing access barriers to city parks and by updating at least five neighborhood parks per year.
Fiscal Impact: The expenditure of $1,392,661.25 was legislated for the Hard Surface Program 2024 - Phase by Ordinance 2481-2024. This ordinance will provide funding that will modify the previously authorized amount by $884,402.25. $884,402.25 is budgeted and available from within the Recreation and Parks Voted Bond Fund 7702 and Public Utilities Electricity Operating Fund 6300 to meet the financial obligations of this expenditure. The aggregate total amount authorized, including this modification, is $2,277,063.50. 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.
Title
To authorize the Director of the Recreation and Parks Department to modify an existing contract with Pavement Protectors DBA M&D Blacktop for the Hard Surface Program 2024 - Phase 2 Project; to authorize the transfer of $834,402.25 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $834,402.25 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the expenditure of $884,402.25 from the Recreation and Parks Voted Bond Fund and Public Utilities Electricity Operating Fund; and to declare an emergency. ($884,402.25)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks Department to modify an existing contract with Pavement Protectors DBA M&D Blacktop for the Hard Surface Program 2024 - Phase 2 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 $834,402.25 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 $884,402.25; and
WHEREAS, it is necessary to authorize the expenditure of $884,402.25 from the Recreation and Parks Voted Bond Fund 7702 and Public Utilities Electricity Operating Fund 6300; 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 Pavement Protectors DBA M&D Blacktop in order to ensure hard surface improvements are completed prior to the 2026 sports season to fulfill community commitments and to minimize impacts to programming, 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 Pavement Protectors DBA M&D Blacktop for the Hard Surface Program 2024 - Phase 2 Project. The modification amount being authorized by this ordinance is $884,402.25.
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 $834,402.25 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 $834,402.25 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 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 $834,402.25 (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 $884,402.25, 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 Public Utilities Electricity Operating Fund 6300 in object class 03 Services and 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.