Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with MKSK, Inc. to provide professional services associated with the West Case Park Development Project. The modification amount being authorized by this ordinance is $130,000.00.
In April of 2023, the Recreation and Park Department entered into contract with MKSK, Inc. to perform the master planning of West Case Park. This contract included conceptual designs for the 58-acre park, conducting community engagement, programming analysis, and interaction with key stakeholders involved in the park development. The first contract modification included the final design and bid documents for the park development, as well as, a Forestry Section outpost facility to be located on the site. The park improvements include sports amenities, play spaces, and walking paths with neighborhood connectivity. The new development will also include shelters, parking, landscaping, and site furnishings. The Forestry outpost includes storage, staff facilities, and equipment staging areas. This second modification covers the additional requested design work for expanding the scope to add an event center, splash pad and pavilion. These additions have also required an extension to the project schedule. The original project completion date of the project was May 30, 2025. The modified project completion date, as a result of the proposed modification, will be September 24, 2027.
Amount of Additional Funds: $130,000.00
Why Additional Services Were Not Foreseen: The construction budget has been adjusted by the Recreation and Parks Department to increase from $12 million to $18.5 million to incorporate these additional elements into the project.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: The project is currently under construction, with the design produced by MKSK, Inc., who is also overseeing the construction progress.
How The Price For The Additional Services Was Determined: The established hourly rates in the original contract were used to establish the costs for the additional services.
Principal Parties:
MKSK, Inc.
462 Ludlow Alley
Columbus, Ohio 43215
Brian Kinzelman, (614) 621-2796
Contract Compliance Number: 028341
Contract Compliance Expiration Date: November 5, 2026
Benefits to the Public: West Case Park will be one of the major park experiences for the entire Northwest Region of the City of Columbus. The scale of the park will accommodate a wide range of passive and active recreation for all ages. The park will be designed to maximize walking and biking access, making it easily accessible to over 1,000 nearby households.
Community Input/Issues: Since 2017, the local communities have been extensively engaged with the Recreation and Parks Department in the acquisition and development of this greenspace.
Area(s) Affected: Northwest (34)
Master Plan Relation: This project will support the Recreation and Parks Master Plan by providing quality recreational parks, trails, and accessible connectivity for Columbus residents of all ages.
Fiscal Impact: The expenditure of $1,610,825.00 was legislated for the West Case Park Development Project by Ordinances 1182-2021 and 1120-2023. This ordinance will provide funding that will modify the previously authorized amount by $130,000.00. $130,000.00 is budgeted and available in the Recreation and Parks Voted Bond Fund 7702 and Permanent Improvement Fund 7747 to meet the financial obligations of this contract modification. The aggregate total amount authorized, including this modification, is $1,740,825.00. $115,473.72 of the funds, from within Voted Bond Fund 7702, 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 MKSK, Inc. for the West Case Park Development Project; to authorize the appropriation of $2,552.83 within the Recreation and Parks Permanent Improvement Fund; to authorize the transfer of $17,079.11 within the Recreation and Parks Voted Bond Fund and Permanent Improvement Fund; to authorize the transfer of $112,920.89 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $112,920.89 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the amendment of the 2025 Capital Improvements Budget; and to authorize the expenditure of $130,000.00 from the Recreation and Parks Voted Bond Fund and Permanent Improvement Fund. ($130,000.00)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to modify an existing contract with MKSK, Inc. for the West Cast Park Development Project; and
WHEREAS, it is necessary to authorize the appropriation of $2,552.83 within the Recreation and Parks Permanent Improvement Fund 7747; and
WHEREAS, it is necessary to authorize the transfer of $17,079.11 within the Recreation and Parks Voted Bond Fund 7702 and the Recreation and Parks Permanent Improvement Fund 7747; 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, 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 $112,920.89 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 $130,000.00; and
WHEREAS, it is necessary to authorize the expenditure of $130,000.00 from the Recreation and Parks Voted Bond Fund 7702 and the Recreation and Parks Permanent Improvement Fund 7747; and
WHEREAS, it has become necessary in the usual daily operations of the Recreation and Parks Department in that it is necessary to authorize the Director to modify an existing contract with MKSK, Inc. for the West Case Park Development Project, 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 MKSK for the West Case Road Park Development 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 the appropriation of $2,552.83 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 $17,079.11 or so much thereof as may be needed, is hereby authorized between projects within the Recreation and Parks Voted Bond Fund 7702 and Permanent Improvement Fund 7747 per the account codes in the attachment to this ordinance.
SECTION 7. 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 / P511011-100000 / Maintenance Equipment - Parks (Voted Carryover) / $723,000 / $0 / $4,985 / $727,985 / $4,985 (to match cash)
Fund 7702 / P511054-100000 / Building Maintenance Equipment (Voted Carryover) / $281,000 / $0 / $7,140 / $288,140 / $7,140 (to match cash)
Fund 7747 / P510025-100015 / Parkland Dedication (Carryover) / $0 / $0 / $1,965 / $1,965 / $1,965 (to match cash)
Fund 7747 / P510734-100000 / CC Northwest - Parkland Dedication (Carryover) / $0 / $0 / $2,553 / $2,553 / $2,553 (to match cash)
Fund 7702 / P511011-100000 / Maintenance Equipment - Parks (Voted Carryover) / $727,985 / $4,985 / ($4,985) / $723,000 / $0
Fund 7702 / P511054-100000 / Building Maintenance Equipment (Voted Carryover) / $288,140 / $7,140 ($7,140) / $281,000 / $0
Fund 7702 / P512015-100000 / Ulry Warner Parkland Improvements (Voted Carryover) / $436 / $436 / ($436) / $0 / $0
Fund 7747 / P510025-100015 / Parkland Dedication (Carryover) / $1,965 / $1,965 / ($1,965) / $0 / $0
Fund 7747 / P510734-100000 / CC Northwest - Parkland Dedication (Carryover) / $2,553 / $2,553 / ($2,553) / $0 / $0
Fund 7702 / P512003-100000 / West Case Park Development (Voted Carryover) / $8,909,300 / $0 / $12,561 / $8,921,861 / $12,561
Fund 7747 / P512003-100000 / West Case Park Development (Carryover) / $0 / $0 / $4,518 / $4,518 / $4,518
SECTION 8. 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 $112,920.89 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 9. That the transfer of $112,920.89 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 10. 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 11. 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 9.
SECTION 12. 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 $112,920.89 (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 13. That for the purpose stated in Section 1, the expenditure of $130,000.00, 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 14. That this ordinance shall take effect and be in force from and after the earliest period allowed by law.