HomeMy WebLinkAboutItem 03 Authorization to Proceed with a Final Contract and Financing Plan with Fortress Secured LLC for the Construction of the Ocoee Law Enforcement Training CenterMeeting Date: July 18, 2023
Item #: 3
Contact Name: Craig Shadrix Department Director: Craig Shadrix
Contact Number: Ext. 6434 City Manager: Robert Frank
Background Summary:
Pursuant to Section 255. 065, Florida Statutes (hereafter the " P3 Law"), public -private partnerships are
permissible when pursued in accordance with Florida law so as to allow for greater private sector participation
in the delivery and financing of public buildings and infrastructure projects. The City Manager received an
unsolicited proposal dated November 3, 2022, from Fortress Secured LLC to construct a Law
EnforcementTraining Center by creating a public -private partnership. Since the proposal is for a new Public
Safety Training facility including an indoor shooting range (and thus a qualifying project under the P3 Law), the
City may proceed with consideration of the Fortress Secured proposal as long as the procedural elements of
the P3 Law are met.
If, after evaluating the proposal, the City decides that it wants to move forward with a comprehensive
agreement to complete the project offered in the proposal, the City must publish a public notice in the Florida
Administrative Register and the local newspaper stating that the City has received the proposal and will accept
other proposals for the same project. This publication will run for two consecutive weeks. In order to ensure
that quality, competing proposals are prepared and submitted, the P3 Law requires that adequate time be
allowed for preparation and receipt of competing proposals (not less than 21 days or more than 120 days).
Before entering into a comprehensive agreement for the project, the City must determine that the proposed
project does the following:
1. It is in the public' s best interest;
2. It is for a facility that is owned by the City or will be conveyed to the City;
3. Has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed on
the public in the event of material default or cancellation of the comprehensive agreement by the City;
4. Has adequate safeguards in place to ensure that the City or private entity has the opportunity to add
capacity to the proposed project or other facilities serving similar predominantly public purposes; and
5. Will be owned by the City upon completion, expiration, or termination of the comprehensive agreement and
upon payment of the amounts financed.
On November 15, 2022, the City Commission authorized staff to advertise and hire a professional firm to
evaluate the unsolicited proposal provided by Fortress Secured LLC. This proposal was advertised for 45
days (the statutory minimum is 21 days) and no other proposals were received. Based on the Commission
approval, the City contracted with ZHA consultants to evaluate the proposal for conformance with Florida
Statutes and, in comparison with the City designing and constructing the project on its own. The evaluation
Phone:City of Ocoee - 1 N. Bluford Avenue - Ocoee, Florida 34761
90 00 www.ocoee.org
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Page 17 of 199
determined the proposal does meet a public need pursuant to state law, and it can provide an appropriately
designed facility for a reasonable cost in a timely manner. The next step is to negotiate an amenable contract
with Fortress Secured that will result in the design and construction of the facility with the most advantageous
finance plan. The contract and financial plan will be brought back to the City Commission for approval. The
ZHA evaluation report is attached.
Issue:
Should the City Commission authorize staff to negotiate a contract and finance plan with Fortress Secured
LLC for the design and construction of the Ocoee Law Enforcement Training Center?
Recommendations:
Staff recommends that the City Commission authorize negotiation of a contract and finance plan with Fortress
Secured LLC for the design and construction of the Ocoee Law Enforcement Training Center. This final plan
will be brought back for Commission approval.
Attachments:
1. Evaluation Report
Financial Impacts:
The City currently has $5,000,000 allocated in the budget towards this project, and was recently notified of a
state appropriation of an additional $2,000,000 allocated to the project in the recently approved state budget
to be implemented via the Florida Department of Law Enforcement. If approved, staff will propose a financing
plan for Commission approval once the contract has been negotiated.
Type of Item: Regular
City of • •e- a • Avenue Ocoee, •a 34761
• - (4 90 1i • •-- a •
Page 18 of 199
City of Ocoee
Evaluation Of P3 Regional Law Enforcement Training Center Proposal
Introduction
The City of Ocoee received an unsolicited proposal to deliver a Regional Law Enforcement Training Center
(RLETC) for the City of Ocoee via a Public Private Partnership (P3) from Fortress Secured LLC (Fortress). This
Public Private Partnership proposal is to enter into a partnership with the City to build a turn -key RLETC. Fortress
proposes to "take all development, construction and construction financing risks and will deliver to the City of
Ocoee a fully functional RLETC."
Florida Statutes provide guidance on the steps that must be taken to utilize a Public Private Partnership. This
evaluation of the P3 proposal is one of the initial steps required to utilize this type of development/funding
structure. Following are highlights of the required actions a public agency must take.
Public Private Partnerships
Florida Statutes 255.065, (P3 Law) authorizes and governs public -private partnerships (133) and solicitations. The
P3 Law recognizes the need for public infrastructure — and that the need may not be satisfied by traditional
procurement methods. The P3 Law is intended to encourage private investment in public facilities and to
provide the greatest possible flexibility to public and private entities.
Public -Private Partnerships Defined:
A Public -Private Partnership (133) is a contractual arrangement between a public agency (federal, state, or local)
and a private sector entity. Through this agreement, the skills and assets of each sector (public and private) are
shared in delivering a service or facility for the use of the general public. In addition to the sharing of resources,
each party shares in the risks and rewards potential in the delivery of the service and/or facility. The law allows
political entities to utilize P3s to develop governmental buildings, roads, and other public and social
infrastructural items, including Law Enforcement training facilities.
The Florida P3 Law provides clear steps and directives which must be followed to allow for a fair and public
process of proposal evaluation and acceptance.
The process includes the following steps:
Once an unsolicited proposal is received by a municipality or Responsible Public Entity (RPE), the RPE
must determine if the proposal is of interest and meets the initial benchmarks for advancement.
• Is there a public need for or benefit derived from a project of the type that the private entity
proposes as the qualifying project?
• Is the estimated cost of the qualifying project reasonable in relation to similar facilities?
• Will the private entity's plans result in the timely acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, and/or operation of the qualifying project?
Once the RPE determines the submitted unsolicited offer meets the initial qualifications, the RPE is
required to solicit competing proposals for a similar project.
• The city of Ocoee, as the RPE, determined the proposal met the initial benchmarks and publicly
advertised for competing proposals. No proposals were received.
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City of Ocoee
In order to accept an unsolicited proposal, the RPE must contract with an architect or engineer to
review/evaluate the proposal(s) as well as oversee the design and construction process.
A professional review and evaluation of the design and construction proposed is conducted to assure material
quality standards, interior space utilization, budget estimates, design and construction schedules, and
sustainable design and construction standards are consistent with public projects.
ZHA Incorporated was engaged to perform these services.
Before approving a comprehensive agreement, the responsible public entity must determine that the proposed
project:
• Is in the public's best interest.
• Is for a facility that is owned by the responsible public entity or for a facility for which ownership will be
conveyed to the responsible public entity.
• Has adequate safeguards in place to ensure that additional costs or service disruptions are not imposed
on the public in the event of material default or cancellation of the comprehensive agreement by the
responsible public entity.
• Has adequate safeguards in place to ensure that the responsible public entity or private entity has the
opportunity to add capacity to the proposed project or other facilities serving similar predominantly
public purposes.
• Will be owned by the responsible public entity upon completion, expiration, or termination of the
comprehensive agreement and upon payment of the amounts financed.
Fortress Proposal
The Fortress proposal includes Team Qualifications, a Project Approach, a detailed Prototype Design and Floor
Plan Concept, a Conceptual Site Plan, Project Costs, a Project Schedule, and Financing Options. It also includes
the full Florida Statutes related to P3 contracting and various agreements utilized for different contracting
options.
The Fortress proposal identifies the following attributes of their proposal as benefits to the City:
• Project risk is transferred to Fortress for scheduling, design, and construction (including cost overruns
and construction delays).
• Offeror suggests cost savings realized due to the use of prototype RLETC design via reduced
architectural/engineering costs. ZHA performed an analysis to consider all factors comparing this
prototype to a traditional design approach.
• Law Enforcement Training Centers are considered specialized real estate projects. Considerable time
and resources have been spent developing this prototype that encompasses industry "best practices"
which will benefit the City and the Region.
• Accelerated project delivery. The City can forego the process of issuing two separate RFPs for design and
construction services by utilizing this integrated, turnkey approach.
• Various options are offered for a custom municipal lease financing structure. These financing structures
are not considered statutory debt and should not impact the City's bonding capacity.
• The project will be completed in accordance with the latest edition of all applicable federal, state, and
local regulatory requirements and codes.
12 ZHA
City of Ocoee
• Initial capital costs including construction interest can be paid for by Fortress. Lease payments are
deferred until the facility is successfully delivered.
• Optional furniture and equipment packages will be offered to the City for additional value and
convenience.
• Third -party project review and oversight will be provided by an architect or engineer selected by the City
through a competitive RFP process.
Summary of Fortress Team Qualifications
Fortress is a minority owned business founded by the principals of Summit Construction Management Group
(Summit) to specifically focus on P3 Development, with an emphasis on Public Safety Facilities. Fortress provides
coordination of site feasibility analysis, consulting, design prototype packages, development, financing, and
construction services.
Summit, founded by two long term partners in the commercial development industry, handles all the public
facility development services for Fortress, including site selection, due diligence, entitlement, design, turn -key
construction, and financing. Summit's facility development services primarily include design -build with gross
maximum contract price options together with flexible financing. Summit has completed more than 15 million
square feet of public charter schools, fire stations, marina facilities, multi -level self -storage, hotels, assisted
living facilities, and medical offices, primarily in the State of Florida.
The team has experience related to insurance, bonding, financing, and interacting with the various stakeholders
for these types of P3 development structures with public entities.
Fortress Development Team
Shannon Everett
President - Fortress
Before transitioning to Fortress as President, Mrs. Everett previously had a role at Summit Construction Group
as Business Development strategy and implementation director overseeing new projects from development
through activation. Through this role, Mrs. Everett identified a need for a dedicated public project development
firm utilizing the Florida Public Private Partnership project delivery methods combined with creative financing.
She now leads Fortress with an experienced team of public safety, development, construction, and finance
professionals. Mrs. Everett's previous experience is in adult medical practice management as a nurse
practitioner.
Todd Lucas
SVP, Design and Development - Fortress
Mr. Lucas served as Vice President of Development for Extra Space Storage (EXR on NYSE), a REIT headquartered
in Salt Lake City, Utah, where he was directly involved in all areas of real estate including site acquisition,
development, and construction. During his tenure, the Extra Space Storage portfolio expanded from 24
properties to over 750 nationwide. Following his time with Extra Space, Mr. Lucas moved into the entertainment
industry, leveraging his business experience to work as the product and program manager on the Next
Generation Experience at the Walt Disney Company.
John O'Grady
Director of Public Projects — Fortress
Mr. O'Grady is a 33-year Public Safety Professional who started his Law Enforcement career in 1986 with the
Orlando Police Department. He was responsible for overseeing numerous public safety construction projects
City of Ocoee
that included a 40,000-SF state-of-the-art gun range, multiple Fire Stations and Police Evidence facilities, and
Sub -stations.
Mr. O'Grady moved up to the rank of Captain before retiring in 2013 and subsequently became Chief of Police
for the City of Mount Dora followed by the Director of Public Safety, where he led the operation and
administration of Police and Fire services. Mr. O'Grady was part of a finance team that was successful in
obtaining a $22M bond for three new fire stations.
Charles Cordes
President — Summit Group
Mr. Cordes was co-founder and vice-president of U.S. Door & Building Components ("U.S. Door") before co-
founding Summit. Specializing in manufacturing processes, steel consumption, operational administration, and
global sales management, Mr. Cordes has been a leader in the global self -storage industry.
After departing in 2009 from U.S. Door after 25 years in the manufacturing, commercial development, and self -
storage industries, Mr. Cordes fixated on additional development and construction in the new emerging market
of charter schools, an industry that was still very active during the downturn in the economy.
Architecture & Engineering
The original proposal from Fortress included Saltz Michelson Architects (SMA) as their Design Partner for
architecture and engineering. There was a delay, of over six months, with Ocoee moving forward. When
Fortress was told that the project was still in progress, they reached back out to SMA to make sure their design
costs were still good. SMA came back with design costs 30% higher than what was in the original and approved
bid. Fortress gave the City of Ocoee a GMP and although it is understandable that pricing has gone up, Fortress
was committed to its original numbers and did not want to bring a 30% higher design fee back to the City.
Knowing Mr. Lohrum and j12 Architecture's capabilities and expertise with recent local Public Safety projects,
Fortress reached out. j12 Architecture's portfolio & expertise exceeded the requirements needed for the
training facility scope and their fees were in line with the team's original numbers thus keeping the project
within budget. Subsequently, Fortress proposed replacing Saltz Michelson Architects with j12 Architecture.
il2 Architecture
j12 Architecture is a full -service Architectural design firm recently established in 2022 and headed by Johnnie
Lohrum Jr. It's comprised of three partners/owners, supported by production staff and multiple engineering
firms (Civil, Landscape, Structural, MEP) that have had professional working relationships with Mr. Lohrum for
more than 20 years. j12 Architecture brings together 22 years of strong relationships and experience throughout
the entire state of Florida. Founded with strong ethics and a desire for taking care of their clients with a
personal dedicated approach, their focus is on public safety, municipal and civic oriented projects that enhance
the environments of our local communities. Johnnie Lohrum Jr., President, has actively managed nearly 5
million sf of municipal, community and public safety projects including several recent law enforcement projects
such as the Osceola County Sheriff's Training Facility, City of Cape Coral Police Training Facility and the Charlotte
County Sheriff's Training Facility.
Greenberg Traurig
State Appropriations Assistance
Fortress has included Greenberg Traurig LLP to assist as needed in seeking state appropriations funding for P3
facilities.
14 ZHA
City of Ocoee
Project Approach
Fortress, in conjunction with Summit, will be providing continuous oversight on all aspects of project design and
development and will serve as the overall Project Manager. Fortress will guide all management and team
organizational phases.
Quality Control: The proposed prototype RLETC has been designed with subject matter experts and other law
enforcement input. Quality control is built into the prototype and the offeror has an experienced quality control
construction manager who works alongside both the design and construction teams.
Safety: The offeror's safety program follows all OSHA standards and is regularly updated and amended to
incorporate additional mandatory Summit requirements.
Project Discovery: Under project discovery the Fortress leadership team will meet with City staff to develop a
full understanding of the project needs. The Fortress finance, design and construction team members will meet
with City stakeholders to gain a collective understanding of all prototype modifications, site requirements,
specialized equipment requirements, furniture fixture and equipment requirements, and special features to be
included in the FLETC. Financing term sheets and lender offers will be finalized at this stage of the process.
Site Selection (N/A):
3rd Party A/E Advisor: Fortress will include a 3rd party state -certified architect, landscape architect, or engineer
to review the building plans, site plans, and construction process for adherence to construction documents.
Final Plan: At completion of the Project Discovery, Fortress will then work to develop the final site plan and
building plan - and re-evaluate throughout the design process and provide feedback to the City as required.
Financing: Summit has an in-house municipal finance expert that will work closely with the City on privately
placed financing options. The City can finance 100% of the design/construction cost, land purchase, third -party
architect/engineering fee, and issuance costs. Financing will occur at either project completion or prior to
project commencement by funding into an escrow account with a trustee arrangement. Financing details,
including a forecasted cost analysis for a tax-exempt municipal lease, are highlighted later in this report.
Construction: Once site plans, building, and financing are finalized, the project will move into the construction
sequence. The team has strong relevant experience and appears to have the history, resources, and track record
that is needed to perform in a seamless manner.
Post -Construction Follow-up and Close-out: Offeror does not consider the project finished until all post -
construction punch lists are completed and client stakeholders are briefed in post -construction meetings on
every operational aspect of the RLETC - a written close-out package on operation and maintenance will be
provided along with appropriate training.
City of Ocoee
Conceptual Site and Floor Plans and Project Costs
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17 ZHA
City of Ocoee
Outline specifications describing the type and quality of the building systems and materials were provided and
represent the appropriate systems and materials for this type of facility. The 9-page Outline Specifications are
attached at the end of this evaluation.
MAWA
Fortress provided a project schedule that identified a 19-month schedule from acceptance of a P3 proposal
through project close out. This assumes the use of the RLETC prototype design concept, site and building
permitting in 3 months and site and building construction completion in 13 months.
Ocoee RLTC
Research / Pre -Development
Procurement
Submit Unsolicited Proposal
Initial Proposal Review
Advertise for Competing Proposals
Accept Best Qualified Proposal
Project Discovery
Provide Site Requirements
Prototype Selection
Prototype Modifications
Site Legals
AIE Project Advisor
Develop Advisor's Scope of Work
Advertise Position (RFP)
Select Position
Evaluate Proposals
Evaluate Plans I Concepts
Final Plan
Preliminary Site Plan
Site Plan Review
Site Concept Plan Approval
Building Concept Plan Review
Building Plan Sign Off
Construction Documents
Financing
Present Financing Options
Financing Approval
Closing, Funding to Trustee
First Payment Due
Construction
jurisdictional Site Approvals
jurisdictional Building Approvals
Groundbreaking
Site Work
Building Construction
Project Close Out
O&M Training
Turnover
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Fortress Provided the following Forecasted Cost Overview with a range of construction and financing costs:
Confidential — Exempt from public disclosure pursuant to
Chapter 119, Florida Statutes. FOPTRESS
19 ZHA
City of Ocoee
Fortress has an in-house municipal lease finance expert that would assist in the structuring of an acceptable
finance structure and provided three financing options:
Option 1—Tax-exempt Municipal Lease Purchase Agreement
Option 2 - Tax-exempt Lease Purchase — Covenant to Budget and Appropriate (CBA)
Option 3 — Note (Bond) with Non -Ad Valorem Revenue Pledge
The basic principles and differences of these options are summarized below from an excerpt from the Fortress
proposal.
Financing Approach
Today, many Florida cities and counties are experiencing tremendous population growth and are forced to find
solutions to balance budgets as capital spending needs are outpacing increases in revenues. Additional schools
and public services such as law enforcement training facilities, fire stations, and police stations are needed to
support the growing population and most municipalities must borrow to pay for this necessary infrastructure.
While general obligation debt structures and revenue bonds are the most common form of financing
infrastructure projects, alternative lease financing structures are becoming increasingly utilized to finance real
property over long periods of time. Fortress has an in-house municipal lease finance expert who is dedicated to
providing the City with the most appropriate and competitive non -ad valorem financing option for the RLETC.
Assisting with over $400M in development financing, Fortress and Summit have developed relationships with
many financial institutions, both on a regional and national level, forming an assortment of funding partners
who have experience in financing real property transactions. Fortress will work closely with the City and its bond
counsel to review financing options and facilitate a single investor financing. Fortress can solicit financing
proposals on the City's behalf through a formal Finance RFP process, to ensure the City receives the most
competitive rate and terms for its project. Financial assistance is considered a value-added service and Fortress
does not profit from any financing.
Financing Structure
Tax Exempt Municipal Lease Purchase Agreement
Tax-exempt leases are structured as a series of one-year renewable obligations that are subject to the municipal
entity's ability to appropriate funds for the continuation of lease payments. Payments constitute a current
expense of the municipality and, in the event that sufficient funds are not available for payment, the agreement
is terminated. In a municipal lease involving equipment, the municipality is required to return the equipment in
the event of the lease being terminated. However, in real property financing returning a building is not an
option. Therefore, as additional investor security, in a real property lease financing an additional ground lease is
entered into between the municipality and the lender for a term greater than the municipal lease term. In the
event of non-- appropriation, the lender has the right to re -lease the property in an effort to recover its
investment. At the end of the ground lease term, the building is turned over to the municipality free and clear.
Some advantages to using a tax-exempt lease to finance the RLETC:
• Avoids constitutional or statutory limitations on issuing public debt. If structured properly, the tax-
exempt lease will not be considered debt for state law purposes.
• Voter approval is not necessary.
• Low, fixed tax-exempt rate for the life of the financing.
(10 ZHA
City of Ocoee
• Flexible payment structures and terms (annual, semi-annual, quarterly, or monthly payments are
available).
• Up to 20-year financing available.
• Lease may be prepaid.
• Low issuance costs; no ongoing disclosure requirements.
• Payments can be delayed until project construction is complete.
• Through a Master Lease structure, municipality has the option to finance the facility as well as necessary
equipment.
• Spreads out the cost of an asset over the useful life of that asset or project.
• Faster and more efficient financing than bond or other public debt issues.
Tax-exempt Lease Purchase —Covenant to Budget and Appropriate (CBA)
This structure is considered more secure by investors than a standard municipal lease and is one of the most
common forms of bank financing used by Florida municipalities. Florida does not allow investors to take a
security interest/title in equipment or real property when providing financing to municipalities. Long-term
unsecured financing that is subject to annual appropriation of funds creates increased investor risk. In a CBA
structure, the municipality provides an affirmative covenant that it will budget and appropriate funds for the
lease payments. If funds are not appropriated for lease payments in a given year, the lease is not terminated. It
continues in place and the process of budgeting and appropriating payments continues the next year and after
until the lease is paid in full. Because investors consider this structure less risk than a traditional municipal lease,
a lower interest rate may be obtained.
:Note (Bond) with Non -Ad Valorem Revenue Pledge
This structure involves a pledge of available non -ad valorem revenues such as sales tax, franchise fees, special
fire assessment revenue, etc. as security for financing. Depending on the type/history of the revenues pledged,
investors would typically consider this structure the safest, most secure non -ad valorem financing and provide a
competitive interest rate.
20-year financing 4.25% - 4.7S% - *current rates April 2023
Assumes standard municipal lease structure (option 1) with annual lease payments in arrears, due 12 months
from the funding date. Longer -term interest rate locks are available between 60-120 days prior to financial
closing (dependent on the selected investor).
Lower rates may be available under lease with CBA language or revenue pledge (Options 2 & 3)
Term
Up to 20-year maximum financing is available, shorter terms available.
Payment Structure
A variety of payment structures are available including monthly, quarterly, semi-annual, and annual payments,
skipped payments, and escalating payments.
Finance Fees
There are no origination, legal, or other fees of any kind charged by the bank or Fortress with options 1 and 2
above.
City of Ocoee n H
Annual lease payment could start as low as $656,183 assuming the following:
Interest rate of 4.25% - 4.75% - current rates April 2023
• 20-year term; annual payments in arrears
• Project base cost including architectural and engineering: $8,830,566 (assuming the city selects the
proposed approximately 15,000 SF RLETC)
• Site: $0 (assuming City -owned land)
• Site improvements: $1,216,000 (estimate, due diligence to determine final costs)
• Off -site improvements, PP Bond reflected as an allowance and are included in the above estimation.
Proposal Evaluation
When the City received the unsolicited proposal from Fortress Secured, LLC (Fortress) for the development and
delivery of a new Regional Law Enforcement Training Center (RLETC) the City determined the proposal met the
initial benchmarks for advancement.
• Is there a public need for or benefit derived from a project of the type that the private entity proposes as
the qualifying project?
• Is the estimated cost of the qualifying project reasonable in relation to similar facilities?
• Will the private entity's plans result in the timely acquisition, design, construction, improvement,
renovation, expansion, equipping, maintenance, and/or operation of the qualifying project?
Once the City determined the proposal met the initial benchmarks, they issued a request for competing
proposals. No competing proposals were received. ZHA was then engaged to assist with evaluating compliance
with Florida's P3 statutes. Accordingly, ZHA reviewed the proposal and concurred it met the baseline
requirements for further evaluation. Once determined compliant, ZHA evaluated financial and other applicable
aspects of the proposal to determine if the proposal was advantageous to the City.
ZHA requested and received additional clarification information from Fortress to more clearly understand the
proposal and to confirm whether the terms and conditions needed to be updated, given the original proposal
was offered in October 2022. The evaluation included a review and evaluation of the design and construction
proposed to ensure the material quality and standards, interior space utilization, budget estimates, design and
construction schedules, and sustainable design and construction standards were consistent with public projects.
Additionally, a financial analysis of the financing and ongoing lease obligations was performed, with reasonable
assumptions, to determine if the proposal was fair, reasonable, and cost -feasible.
Design & Materials
Fortress proposed their recommended RLETC prototype design concept, which is based on best practice design
concepts from the industry. The design floor plans demonstrated an appropriate knowledge of the spaces and
adjacency requirements included in law enforcement training facilities. Additionally, the proposed materials,
while not specified in extensive detail, were described as materials and systems appropriate for this type of
facility. (Outline Specifications attached).
112 ZHA
City of Ocoee
ZHA consulted with the City regarding the adequacy of the prototype floor plans for their use. It was
determined that the RLETC prototype concept is designed to their requirements with limited minor changes to
be addressed. Utilizing a prototype design provides the shortest schedule to complete the design and
construction process. Fortress acknowledged they could accommodate minor modifications to the prototype
without affecting the schedule.
Project Development Costs
Fortress provided a project cost estimate for the RFLETC prototype concept. The low/high range project cost is
$8,830,566 / $9,610,534 which includes construction costs, range -specific costs allowance, site improvement
allowance, off -site improvements allowance, and soft cost.
ZHA estimated the project costs if the City of Ocoee were to procure, design and build a similar facility.
Based on our cost evaluation, the Fortress proposed cost is below the current market cost.
The RLETC P3 proposal was submitted in April 2022, 15 months ago. Since that time there have been significant
market changes in both interest rates and construction costs. Fortress was requested to update its financing
terms and building construction costs. Fortress adjusted their financing rate upper range upward by .25%.
Fortress offered two options to adjust the cost:
• Value engineer the building materials and systems or
• Add $600,000 to the building construction costs.
Based on our knowledge of the market and the intended use of this facility, it is our opinion that it would be
difficult to value engineer a significant cost without significant degradation of the quality of the facility. ZHA
recommends the City allow the inclusion of an escalation contingency of $600,000 to the project construction
budget to be administered by ZHA on behalf of the city. Use of the contingency would be evaluated in relation
to verifiable material or labor escalation costs. Full use of this contingency would add approximately $39/SF to
the budget increasing the building cost range to $354/SF Low - $388/SF High. This cost per square foot is on the
lower end of what we are seeing in the market and would result in a low/high range project cost of $9,703,980 /
$10,988,457 which includes construction costs, range -specific costs allowance, site improvement allowance, off -
site improvements allowance, soft costs, and the escalation contingency.
Project Financing and Operating Costs
Fortress identified three primary financing options, which were summarized in the Proposal section:
Option 1—Tax-exempt Municipal Lease Purchase Agreement
Option 2 —Tax-exempt Lease Purchase — Covenant to Budget and Appropriate (CBA)
Option 3 — Note (Bond) with Non -Ad Valorem Revenue Pledge
The Fortress proposal assumed utilizing Financing Option 1—Tax-exempt Municipal Lease Purchase Agreement
with twenty-year financing at a 4.25% rate and no origination, legal or other fees of any kind. Lower rates may
be available under lease with CBA language or revenue pledge (Options 2 & 3).
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City of Ocoee
Project Budget Comparison
ZHA prepared a Project Development Cost and annual Operating Costs comparison of the Fortress proposal to
the City developing a RLETC conventionally. Following are adjustments to Fortress' costs and the City's costs.
• The Building costs are low for the current market. A construction escalation contingency of $600,000 has
been added to the City cost.
• The range cost of $2,000,000 appears to be reasonable.
• Site improvements allowance of $1,216,000 is reasonable.
• Soft costs for the City would be higher due to the requirement for design and construction solicitations. Soft
costs of 10% - $15% of the hard costs were included as the low and high costs for the City's costs.
• Site acquisition costs assume the center to be built on City -owned property.
• Off -site Improvements allowance appears to be reasonable.
• Payment & Performance Bond will be required in either development option. The bond amount provided by
Fortress was included. The City developed P&P Bond assumes a 1% cost.
• The city Finance director identified the City's bond rate for a 20-year, $10,000,000 bond to be 4.5% with a
$75,000 cost for issuance. After further conversation with Fortress, they are confident the financing cost for
a municipal lease would be nominal for a municipal lease structure. $5,000 was included for the City's
potential issuance costs.
• An FFE package cost of $500,000 was included in all scenarios to identify a total project cost and annual cost.
Based on the City's ability to utilize state buying contracts for FFE, the City should acquire FFE separately in
either scenario.
The following page provides a comparison of the Fortress proposal and the same project developed by the City.
It is assumed Fortress will be able to justify the use of the escalation contingency.
Based on the assumptions the Total Project Costs and Annual Lease Cost would be:
The Total Project Cost is $273,414 - $777,923 higher if developed by the City.
The Annual Lease Cost is $37,123 - $41,991 higher if developed by the City.
114 ZHA
Project Costs
Building Costs
Building Costs
Range Costs
Site Development 5 +/- ac.
Soft Costs
Escalation Contingency
Site Acquisition Costs
Off -site Improvements Allowance
Signalization
3rd Party Oversight
P&P Bond
Square Feet 15,230
Total Project Costs
Financing
Closing Costs
Interest Rate
Term
Annual Payment
Building Cost/SF 15,230 SF
FIFE Costs
FEE Costs
Annual Payment
FIFE Cost/SF
TOTAL PROJECT COSTS
Total Building & FEE
Total Annual Payment
Total Cost/SF
Additional Project Cost
Additional Annual Lease Cost
EN
Summit Developed
Low
$ 4,797,450 $ 315.00 /SF
$ 2,000,000 LS
$ 1,216,000 Allowance
$ 500,000 LS
$ 600,000 Contingency
$ 185,000 Allowance
included
$ 55,000 Est.
$ 77,116 IS
$ 619.21 $/SF
$ 9,430,566
Ocoee P3 RLETC Evaluation
Project Development Costs & Financing
11-J u I-23
Ocoee Developed
Low
$ 4,797,450 $ 315.00 /SF
$ 2,000,000 LS
$ 1,216,000 Allowance
$ 819,845 10.0%
$ 600,000 $ 39.40 /SF Contingency
$ 185,000 Allowance
$ - in Soft Costs
$ 85,685 1%
637.16 $/SF
$ 9,703,980
$ - add to Total Project Costs
$
5,000 add to Total Project Costs
4.25%
4.50%
20 yrs.
yrs.
20 yrs.
$ 700,768
$
737,086
$ 46.01 /SF
$
48.40 /SF
$ 500,000
$
500,000
$ 37,154
$
37,959
$ 2.44 /SF
$
2.49 /SF
$ 9,930,566
$ 737,922
$ 48.45 /SF
$ 10,203,980
$ 775,045
$ 50.89 /SF
$ 273,414
$ 37,123 /yr.
Summit Developed
High
$ 5,315,773 $ 349.03 /SF
$ 2,200,000 LS
$ 1,216,000 Allowance
$ 500,000 LS
$ 600,000 Contingency
$ 220,000 Allowance
included
$ 75,000 Est.
$ 83,761 if req
$ 670.42 $/SF
$ 10,210,534
Ocoee Developed
High
$ 5,315,773 $ 349.03 /SF
$ 2,200,000 LS
$ 1,216,000 Allowance
$ 1,342,766 15.0%
$ 600,000 $ 39.40 /SF Contingency
$ 220,000 Allowance
$ - in Soft Costs
$ 93,918 1%
$ 721.50 $/SF
$ 10,988,457
$ - add to Total Project Costs $ 5,000 add to Total Project Costs
4.75% 4.50%
20 yrs. yrs. 20 yrs.
$ 791,795 $ 834,600
$ 51.99 /SF $ 54.80 /SF
$ 500,000 $ 500,000
$ 38,773 $ 37,959
$ 2.55 /SF $ 2.49 /SF
$ 10,710,534 $ 11,488,457
$ 830,568 $ 872,559
$ 54.53 /SF $ 57.29 /SF
$ 777,923
$ 41,991 /yr.
1W
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0
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City of Ocoee
Project Schedule
Fortress provided a project schedule that identified a 19-month schedule from acceptance of a P3 proposal
through project closeout. This assumes the use of the RLETC prototype design concept with 3.5 months for final
activities, site and building permitting in 2.5 months, and site and building construction completion in 13
months.
If the City wanted to modify the prototype, we would assume an additional 1 to 1.5 months to accommodate
changes for a total of 20.5 months.
If the City developed the training center, we estimate it would take much longer to complete the project.
Considerations include 3 months to solicit and contract an AE firm and 5 months to design the project, 3 months
for contractor selection. If the permitting and construction were the same as the Fortress proposal, the total
duration would be 26+ months.
Ocoee P3 RLETC
Project Schedule
Project Schedule Fortress City
A/E Selection 0 3
Design (incl.1.5 mos.
for design mods) 5 5
Contractor Selection 0 3
Permitting 2.5 2.5
Construction 13 13
Duration (mos.) 20.5 mos. 26.5
Financing and Agreements
Fortress provided three financing options. Each financing option requires differing commitments from the City.
The financing illustrated has the least amount of commitment from the City in terms of the obligation of future
lease payments. The city Finance Director had no concerns with any of the options. There are numerous legal
considerations that need to be discussed with the City's legal counsel to finalize a recommendation regarding
which option to pursue if the City wants to move forward with this proposal.
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City of Ocoee
Conclusions and Next Steps
Based on the evaluation of the proposed design, materials costs, schedule, and financing options, the proposal
represents a reasonable option for developing a new RLETC and would provide benefits to the City. The project
costs are less than what we estimate a City developed project would be. An additional value to the City is the
ability to bring the facility online quicker. This project has the ability to create new revenue for the City while
creating a much -needed facility for law enforcement training.
If it is decided to move forward with the Fortress proposal, the next steps are to:
• Meet with City legal counsel to discuss legal considerations of the financing structures.
• Identify what changes, if any, need to be incorporated into the prototype design.
• Negotiate the terms of an agreement to move forward.
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