Explanation
1. BACKGROUND: This legislation authorizes the Director of Finance and Management to enter into a construction contract, on behalf of the Office of Construction Management, with Smoot Construction Company of Ohio, for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project, in an amount up to $13,942,258.00, and to encumber funds with the Department of Public Service for prevailing wage services in the amount of $3,000.00.
Police substations serve as strategic hubs for distributing police resources, facilitating community engagement, providing administrative support, deterring crime, and improving the overall sense of safety in the area. Under this project a new 13,500 square foot police substation will be built on a 4-acre site located at 1860 Sullivant Avenue, Columbus, Ohio 43223. It will include updated technology, larger facilities for staff, and public amenities such as a community room. The new substation is anticipated to improve community-police relations and boost morale in the Hilltop neighborhood.
2. CONSTRUCTION CONTRACT AWARD: The Director of Finance and Management publicly opened two bids on April 21, 2025:
1. Smoot Construction Co. of Ohio $13,942,258.00
2. Elford, Inc. $15,886,000.00
Smoot Construction Company’s bid was deemed the lowest, best, most responsive and responsible bid in the amount of $13,942,258.00. Their Vendor Account No. is 4372 and expires 4/9/27.
Searches in the Excluded Party List System (Federal) and the Findings for Recovery list (State) produced no findings against Smoot Construction Company of Ohio.
3. EMERGENCY DESIGNATION: It is requested that this Ordinance be handled in an emergency manner in order to have this critical safety infrastructure operational as soon as possible. It is also necessary to start construction as soon as possible, so that ground work can be completed before winter weather arrives.
4. FISCAL IMPACT: Funding for this project will come from the Safety G.O. Bonds Fund as well as a partial certification against the General Fund 1000, Income Tax Set Aside Subfund 100099 until the proceeds of the 2024-2025 bond sale are available at a future date. The fund will be reimbursed upon receipt of the bonds.
Title
To authorize the Director of Finance and Management to enter into a construction contract, on behalf of the Office of Construction Management, with Smoot Construction Company of Ohio, for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project; to authorize a transfer of $8,481,121.99 between the General Fund Income Tax Set Aside Subfund and the Safety G.O. Bonds Fund; to authorize the appropriation of $8,481,121.99 in the Income Tax Set Aside Subfund and Safety G.O. Bonds Fund; to authorize an expenditure up to $13,945,258.00 from the Safety G.O. Bonds Fund; to provide for payment of prevailing wage services to the Department of Public Service; and to declare an emergency. ($13,945,258.00 )
Body
WHEREAS, on April 21, 2025, two bids were received and publicly opened in the office of the Director of Finance and Management, on behalf of the Office of Construction Management, for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project; and
WHEREAS, the lowest, best, most responsive and responsible bid was from Smoot Construction Company of Ohio in the amount of $13,942,258.00; and
WHEREAS, it is necessary to authorize the Director of the Department of Finance and Management to award and execute a construction contract for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project; and
WHEREAS, it is necessary to authorize the Director of the Department of Finance and Management to encumber and expend funds up to $3,000.00 to provide for payment of prevailing wage services associated with said 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 $8,481,121.99 between the General Fund 1000, Income Tax Set Aside Subfund 100099 and the Safety G.O. Bonds Fund, Fund 7701; and
WHEREAS, funds in the amount of $8,481,121.99 will need to be appropriated within the General Fund 1000, Income Tax Set Aside Subfund 100099 and within the Safety G.O. Bonds Fund, Fund No. 7701; 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 $8,481,121.99; and
WHEREAS, it is necessary to authorize the appropriation and expenditure up to $13,945,258.00 within the Safety G.O. Bonds Fund; and
WHEREAS, an emergency exists in the usual daily operation of the Department of Finance and Management, Office of Construction Management, in that it is immediately necessary to authorize the Director of Finance and Management to enter into a construction contract for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project with Smoot Construction Company of Ohio in an emergency manner in order to have this critical infrastructure operational as soon as possible and so construction may start as soon as possible so that ground work can be completed before winter weather arrives; 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 Finance and Management Director is hereby authorized to enter into a construction contract, on behalf of the Office of Construction Management, with Smoot Construction Company of Ohio, for the Department of Public Safety’s Police Substation 19 - Hilltop Area (Sullivant Ave.) project, in an amount up to $13,942,258.00, and to obtain the necessary prevailing wage services from the Department of Public Service and to pay up to a maximum amount of $3,000.00.
SECTION 2. 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 $8,481,121.99 is appropriated in General Fund 1000, Income Tax Set Aside Subfund 100099, in Object Class 10 Transfer Out Operating, and in the Safety G.O. Bonds Fund, Fund No. 7701, in Object Class 06 Capital Outlay per the account codes in the attachment to this ordinance.
SECTION 3. That the transfer of $8,481,121.99, or so much thereof as may be needed, is hereby authorized between the General Fund 1000, Income Tax Set Aside Subfund 100099, and the Safety G.O. Bonds Fund, Fund No. 7701, per the account codes in the attachment to this ordinance.
SECTION 4. That the appropriation and expenditure of $13,945,258.00 , or so much thereof as may be needed, is hereby authorized in the Safety G.O. Bonds Fund, Fund No. 7701, in Object Class 06 - Capital Outlay, per the accounting codes in the attachment to this ordinance.
SECTION 5. 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 4.
SECTION 6. That the City intends that this ordinance constitute 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 $8,481,121.99 (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 7. 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 8. That the City Auditor is hereby authorized and directed to transfer any unencumbered balance in the project account to the unallocated balance 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 no longer required for said project; except that no transfer shall be made from a project account by monies from more than one source.
SECTION 9. That the City Auditor is authorized to establish proper project accounting numbers as appropriate.
SECTION 10. 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 11. That for reasons stated in the preamble hereto, which is hereby made a part hereof, this Ordinance is declared to be an emergency measure and shall take effect and be in force from and after its passage and approval by the Mayor, or ten days after passage if the Mayor neither approves nor vetoes the same.