Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with Marker Construction, LLC to provide construction services associated with the Marion Franklin Pool Replacement Project. The modification amount is $743,711.00, with a contingency of $263,016.00, for a total of $1,006,727.00. An additional $3,000.00 is being authorized for interdepartmental inspections and fees for a total of $1,009,727.00 being authorized by this ordinance.
The Recreation and Parks Department is delivering this project using a Construction Manager at Risk (CMR) format. This modification is for requested design modifications and unforeseen permitting delays. Design modifications were requested after the start of construction for the efficient operation and safe winterization of the two pool structures. The original pool system was designed without draining to dry conditions in summer or winter use. Operational constraints required full draining of the pool system during summer use. Safety constraints required the pool system to empty throughout the winter without oversight. The pool system was redesigned to capture these operation and safety requirements while the project was in construction. These changes resulted in additional costs and time.
The anticipated start of construction was also delayed from October 13th to January 13th due to the withholding of the Ohio Department of Health Pool permit by that authority. Multiple rounds of revisions and clarifications were presented to the Ohio Department of Health to produce an approved design. These delays resulted in additional charges from the contractor. The original completion date of the project was May 24, 2026. The modified project completion date, as a result of the proposed modification, will be May 28, 2027.
Amount of Additional Funds: $1,009,727.00
Why Additional Services Were Not Foreseen: This modification is needed to accommodate operational impacts that departmental staff did not realize were needed until after the design was complete and construction had started. Furthermore, delays imposed by the regulatory requirements of the Ohio Department of Heath were also unforeseen at the time of the original legislative request.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: Modifying the CMR contract will ensure the best outcome for the City since the project is currently in construction. Lead time for an additional procurement effort would result in time lost that would impact opening the pool even further.
How The Price For The Additional Services Was Determined: The price for additional services was determined by the vendor providing anticipated construction costs for the construction team. This information was reviewed by the construction team and compared to historical pricing on similar work.
Principal Parties:
Marker Construction, LLC
2011 Riverside Drive
Columbus, Ohio 43201
Gary Schmitt, (614) 754-8349
Contract Compliance Number: 006989
Contract Compliance Expiration Date: September 27, 2026
Emergency Justification: Emergency action is requested so that work can be completed prior to the 2027 swim season.
Benefits to the Public: This project will benefit the public by improving an important recreational facility that has served the community for over 50 years.
Community Input/Issues: Through the Columbus Recreation and Parks Aquatics Capital Improvement Plan, residents in the service area have been engaged through their neighborhood associations and commissions.
Area(s) Affected: Far South (64)
Master Plan Relation: This project supports the Columbus Recreation and Parks Department's Master Plan by improving existing aquatics facilities while helping to ensure that facilities remain safe and user friendly.
Fiscal Impact: The expenditure of $12,278,876.00 was legislated for the Marion Franklin Pool Replacement Project by Ordinances 0672-2025 and 1935-2025. This ordinance will provide funding that will modify the previously authorized amount by $1,009,727.00. $1,009,727.00 is budgeted and available from within the Recreation and Parks Voted Bond Fund 7702 to meet the financial obligations of this expenditure. The aggregate total amount authorized, including this modification, is $13,288,603.00.
Title
To authorize the Director of the Recreation and Parks Department to modify an existing contract with Marker Construction, LLC for the Marion Franklin Pool Replacement Project; to authorize the transfer of $1,009,727.00 within the Recreation and Parks Voted Bond Fund; to authorize the amendment of the 2025 Capital Improvements Budget; to authorize the expenditure of $1,009,727.00 from the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($1,009,727.00)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to enter into contract with Marker Construction, LLC for the Marion Franklin Pool Replacement Project; and
WHEREAS, it is necessary to authorize the transfer of $1,009,727.00 within the Recreation and Parks Voted Bond Fund 7702; and
WHEREAS, it is necessary to authorize the amendment of the 2025 Capital Improvements Budget Ordinance 1790-2025 in order to provide sufficient budget authority for this and future projects; and
WHEREAS, it is necessary to authorize the expenditure of $1,009,727.00 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 enter into contract with Marker Construction, LLC in order to keep the project on schedule to be completed by the 2027 swim season, 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 Marker Construction, LLC for the Marion Franklin Pool Replacement Project. The modification amount being authorized by this ordinance is $1,009,727.00.
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 transfer of $1,009,727.00, or so much thereof as may be needed, is hereby authorized within the Recreation and Parks Voted Bond Fund 7702 per the account codes in the attachment to this ordinance.
SECTION 6. That the 2025 Capital Improvements Budget Ordinance 1790-2025 is hereby amended as follows in order to provide sufficient budget authority for this ordinance and future projects.
Fund / Project / Project Name / Current Revised Authority / Current Remaining Authority / Change / Amended Revised Authority / Amended Remaining Authority
Fund 7702 / P511098-100000 / Marion Franklin Community Center Improvements (Voted Carryover) / $1,141,700 / $1,141,700 / ($1,009,727) / $131,973 / $131,973
Fund 7702 / P511049-100000 / Marion Franklin Pool Replacement (Voted Carryover) / $0 / $0 / $1,009,727 / $1,009,727 / $1,009,727
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 for the purpose stated in Section 1, the expenditure of $1,009,727.00, 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 in object class 06 Capital Outlay per the accounting codes in the attachments to this ordinance.
SECTION 9. 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.