Explanation
Background: This ordinance authorizes the Director of the Recreation and Parks Department to modify an existing contract with Marker, Inc. dba Marker Construction to provide construction services associated with the Marion Franklin Pool Replacement Project. The modification amount is $9,268,376.00, with an additional $10,500.00 for interdepartmental inspections and fees, for a total of $9,278,876.00 being authorized by this ordinance.
The Recreation and Parks Department is delivering this project using a Construction Manager at Risk (CMR) format and this modification will allow progress to the next phase of building this facility. The previous ordinances allowed for the design phase and pre-construction phase of the project to be completed. They also initiated the procurement of long lead time materials, including pumps, filters chemical storage systems, and electrical equipment. This portion of the project will include additional professional services and full construction of the new facility. This is a planned modification that will allow construction of the project to be completed in time for the 2026 swim season.
The original completion date of the project was May 24, 2026. The modified project completion date, as a result of the proposed modification, will remain May 24, 2026.
Amount of Additional Funds: $9,278,876.00
Why Additional Services Were Not Foreseen: This modification was foreseen due to the nature of Construction Manager at Risk contracts. This modification covers the scope for construction of the project.
Why It Is Not In The Best Interest For The City To Award Additional Services Through Another Procurement Process: All of the scope associated with this vendor's contract modification was planned as part of the original project scope. The project was broken into phases and contract modifications to align with the Construction Manager at Risk project delivery method.
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.
Principal Parties:
Marker, Inc. dba Marker Construction
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 2026 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 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 $3,000,000.00 was legislated for the Marion Franklin Pool Replacement Project by Ordinance 0672-2025. This ordinance will provide funding that will modify the previously authorized amount by $9,278,876.00. $9,278,876.00 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 $12,278,876.00. 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 Marker, Inc. dba Marker Construction for the Marion Franklin Pool Replacement Project to add additinal funding; to authorize the transfer of $9,278,876.00 between the General Fund Income Tax Set Aside Subfund and the Recreation and Parks Bond Fund; to authorize the appropriation of $9,278,876.00 in the Income Tax Set Aside Subfund and Recreation and Parks Voted Bond Fund; to authorize the expenditure of $9,278,876.00 from the Recreation and Parks Voted Bond Fund; and to declare an emergency. ($9,278,876.00)
Body
WHEREAS, it is necessary to authorize the Director of the Recreation and Parks to modify an existing contract with Marker, Inc. dba Marker Construction to add additional funding for the Marion Franklin Pool Replacement 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 $9,278,876.00 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 $9,278,876.00; and
WHEREAS, it is necessary to authorize the expenditure of $9,278,876.00 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 modify an existing contract with Marker, Inc. dba Marker Construction in order to keep the project on schedule to be completed by the 2026 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, Inc. dba Marker Construction for the Marion Franklin Pool Replacement Project. The modification amount being authorized by this ordinance is $9,278,876.00.
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 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 $9,278,876.00 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 $9,278,876.00 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 $9,278,876.00 (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 $9,278,876.00, 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 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.