GREATER ORLANDO AVIATION AUTHORITY REVISED AGENDA · 2020. 12. 9. · GREATER ORLANDO AVIATION...

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GREATER ORLANDO AVIATION AUTHORITY REVISED AGENDA DATE: DECEMBER 9, 2020 DAY: WEDNESDAY TIME: 2:00 P.M. PLACE: CARL T. LANGFORD BOARD ROOM, ORLANDO INTERNATIONAL AIRPORT, ONE JEFF FUQUA BOULEVARD Due to the COVID-19 pandemic, the Centers for Disease (CDC) guidelines, and the Greater Orlando Aviation Authority’s ongoing focus on safety regarding events and meetings, seating inside the Board Room will be limited to 12 and lobby seating will be limited to 10 seats. Attendance is on a first-come, first-served basis. No standing in the lobby will be permitted. Face coverings are required. Temperature checks will be conducted before entering the GOAA Offices. Individuals who wish to speak at the Board meeting on an item being considered on the agenda will be asked to fill out a speaker request card. Speakers that do not have inside seating will be asked to wait outside the GOAA offices until their name is called. Once done with their comments, they must promptly leave the Board Room. GOAA live streams the meeting over Orange TV and its own You Tube channel (OrlandoAirports) so that the public can monitor the proceedings. The meeting can also be streamed through the GOAA website, www.OrlandoAirports.net. I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. ROLL CALL IV. CONSIDERATION OF AVIATION AUTHORITY MINUTES FOR NOVEMBER 11, 2020 V. RECOGNIZING YEARS OF SERVICE VI. CONSENT AGENDA (These items are considered routine and will be acted upon by the Aviation Authority in one motion. If discussion is requested on an item, it will be considered separately. Items under this section are less than $1 million dollars) A. Recommendation to Accept Committee Minutes B. Recommendation to Dispose of Surplus Property C. Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner- Kiewit Joint Venture, for Project Bid Package (BP) No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (Guaranteed Maximum Price (GMP) No. 5-S.6) at the Orlando International Airport D. Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner- Kiewit Joint Venture, for Project Bid Package (BP) No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (Guaranteed Maximum Price (GMP) No. 18-S) at the Orlando International Airport E. Recommendation of the Construction Committee to Approve Amendment No. 2 to Addendum No. 28 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner- Kiewit Joint Venture, for Project Bid Package (BP) No. S00181, South Terminal C, Phase 1, Ground Transportation Facility (GTF) (Guaranteed Maximum Price (GMP) No. 8-S.1) at the Orlando International Airport F. Recommendation of the Construction Committee to Approve No-Cost Addenda to the Continuing Program and Project Management Services (Owner’s Authorized Representative (OAR) Prime Entity) Agreements to Exercise the Second and Final One-Year Renewal Option G. Recommendation of the Professional Services Committee to Rank Firms Shortlisted for Specialty Automated People Mover (APM) and Passenger Rail Systems Consulting Services (W420) at the Orlando International Airport H. Recommendation of the Professional Services Committee to Rank Firms Shortlisted for Land Development, Land Planning, and Land Management Consulting Services (W422) at the Orlando International Airport, the Orlando Executive Airport and other facilities operated by the Aviation Authority NOTE: Any person who desires to appeal any decision made at these meetings will need record of the proceedings and for that purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.

Transcript of GREATER ORLANDO AVIATION AUTHORITY REVISED AGENDA · 2020. 12. 9. · GREATER ORLANDO AVIATION...

  • GREATER ORLANDO AVIATION AUTHORITY REVISED AGENDA

    DATE: DECEMBER 9, 2020 DAY: WEDNESDAY TIME: 2:00 P.M.

    PLACE: CARL T. LANGFORD BOARD ROOM, ORLANDO INTERNATIONAL AIRPORT, ONE JEFF FUQUA BOULEVARD

    Due to the COVID-19 pandemic, the Centers for Disease (CDC) guidelines, and the Greater Orlando Aviation Authority’s ongoing focus on safety regarding events and meetings, seating inside the Board Room will be limited to 12 and lobby seating will be limited to 10 seats. Attendance is on a first-come, first-served basis. No standing in the lobby will be permitted. Face coverings are required. Temperature checks will be conducted before entering the GOAA Offices. Individuals who wish to speak at the Board meeting on an item being considered on the agenda will be asked to fill out a speaker request card. Speakers that do not have inside seating will be asked to wait outside the GOAA offices until their name is called. Once done with their comments, they must promptly leave the Board Room. GOAA live streams the meeting over Orange TV and its own You Tube channel (OrlandoAirports) so that the public can monitor the proceedings. The meeting can also be streamed through the GOAA website, www.OrlandoAirports.net.

    I. CALL TO ORDER

    II. PLEDGE OF ALLEGIANCE

    III. ROLL CALL

    IV. CONSIDERATION OF AVIATION AUTHORITY MINUTES FOR NOVEMBER 11, 2020

    V. RECOGNIZING YEARS OF SERVICE

    VI. CONSENT AGENDA

    (These items are considered routine and will be acted upon by the Aviation Authority in one motion. If discussion is requested on an item, it will be considered separately. Items under this section are less than $1 million dollars) A. Recommendation to Accept Committee Minutes

    B. Recommendation to Dispose of Surplus Property C. Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 15 to the

    Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (Guaranteed Maximum Price (GMP) No. 5-S.6) at the Orlando International Airport

    D. Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (Guaranteed Maximum Price (GMP) No. 18-S) at the Orlando International Airport

    E. Recommendation of the Construction Committee to Approve Amendment No. 2 to Addendum No. 28 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00181, South Terminal C, Phase 1, Ground Transportation Facility (GTF) (Guaranteed Maximum Price (GMP) No. 8-S.1) at the Orlando International Airport

    F. Recommendation of the Construction Committee to Approve No-Cost Addenda to the Continuing Program and Project Management Services (Owner’s Authorized Representative (OAR) Prime Entity) Agreements to Exercise the Second and Final One-Year Renewal Option

    G. Recommendation of the Professional Services Committee to Rank Firms Shortlisted for Specialty Automated People Mover (APM) and Passenger Rail Systems Consulting Services (W420) at the Orlando International Airport

    H. Recommendation of the Professional Services Committee to Rank Firms Shortlisted for Land Development, Land Planning, and Land Management Consulting Services (W422) at the Orlando International Airport, the Orlando Executive Airport and other facilities operated by the Aviation Authority

    NOTE: Any person who desires to appeal any decision made at these meetings will need record of the proceedings and for that purpose may need to ensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.

    http://www.orlandoairports.net/

  • VI. CONSENT AGENDA (con’t) I. Recommendation to Approve a Pilot “Pop-Up Retail” Opportunity for This Socks! at Orlando International Airport

    and Authority to Engage in other Temporary Short-Term Agreements J. Recommendation to Revise Property Management Policy, Greater Orlando Aviation Authority Bylaws, Section

    130.07, Administration K. Recommendation of the Concessions/Procurement Committee to Rank Firms for Request for Proposals 06-21,

    Security Area Monitor (SAM) Services L. Recommendation to Approve the Third Amendment to the Temporary Construction License Agreement by and

    between the Aviation Authority and Brightline Trains Florida LLC, joined by the City of Orlando (the “Third Amendment”)

    M. Recommendation to Accept a Public Transportation Grant Agreement (PTGA) for Orlando International Airport from the Florida Department of Transportation (FDOT)

    N. Recommendation of Appointments to the Aviation Noise Abatement Committee (ANAC) O. Recommendation to Approve an Amendment to the Air Service Incentive Program (ASIP)

    VII. PROCUREMENTS A. Notification for Request for Qualifications for W-00424, Continuing Environmental Consulting Services

    VIII. CHIEF EXECUTIVE OFFICER’S REPORT

    IX. NEW BUSINESS A. Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 13 to the

    Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00139, South Terminal C, Phase 1, Landside Site Utilities and Balance of Site Work (Guaranteed Maximum Price (GMP) No. 5-S.2) at the Orlando International Airport

    B. Recommendation of the Professional Services Committee to Rank Firms Shortlisted for General Consulting Services (W419) at the Orlando International Airport and the Orlando Executive Airport

    C. Recommendation to Approve Final Negotiated Contract with Heffley & Associates for Professional Services PS-643, State Governmental Relations Consulting Services for Orlando International and Orlando Executive Airports

    D. Recommendation to Approve Pilot COVID-19 Testing Opportunity to Adventist Health System/Sunbelt, Inc. dba AdventHealth Centra Care and Orlando Health at Orlando International Airport (Airport)

    E. Recommendation to Approve Revisions to Organizational Policies 180.01, Lobbying Activities, and 180.03, Selection Period Communication (referred to jointly as “Lobbying Policies”)

    X. INFORMATION SECTION (No action is required on the item(s). Board members should feel free to ask questions on the item(s).)

    A. Notification of Committee Recommendations to the Chief Executive Officer for Approval for December 9, 2020, Aviation

    Authority Board Meeting B. Notification of the Professional Services Committee’s Approval of the Lists of Pre-Qualified Subcontractors/Suppliers

    for Major Trade Packages for the South Terminal C, Phase 1, Program, at the Orlando International Airport C. Construction Progress Report

    For individuals who conduct lobbying activities with Aviation Authority employees or Board members, registration with the Aviation Authority is required each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with those lobbying instances should also be filed prior to April 1 of each year for the preceding year. Lobbying any Aviation Authority Staff who are members of any committee responsible for ranking Proposals, Letters of Interest, Statements of Qualifications or Bids and thereafter forwarding those recommendations to the Board and/or Board Members is prohibited from the time that a Request for Proposals, Request for Letters of Interests, Request for Qualifications or Request for Bids is released to the time that the Board makes an award. The lobbyist shall file a Notice of Lobbying (Form 4) detailing each instance of lobbying to the Aviation Authority within 7 calendar days of such lobbying. Lobbyists will also provide a notice to the Aviation Authority when meeting with the Mayor of the City of Orlando or the Mayor of Orange County at their offices. The policy, forms, and instructions are available on the Aviation Authority’s offices web site. Please contact the Chief Administrative Officer with questions at (407) 825-7105.

    NEXT SCHEDULED BOARD MEETING IS ON WEDNESDAY, JANUARY 20, 2020

    GREATER ORLANDO AVIATION AUTHORITY AGENDA FOR ITS DECEMBER 9, 2020, MEETING

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    On WEDNESDAY, NOVEMBER 11, 2020, the GREATER ORLANDO AVIATION AUTHORITY met in regular session in the Carl T. Langford Board Room of the Aviation Authority offices

    in the main terminal building at the Orlando International Airport (OIA), One Jeff

    Fuqua Boulevard, Orlando, Florida. Chairman Good called the meeting to order at 2:00

    p.m. The meeting was posted in accordance with Florida Statutes and a quorum was

    present. [Live Streaming from Orlando, FL]

    Authority members present, M. Carson Good, Chairman

    Ralph Martinez, Vice Chairman

    Mayor Jerry Demings, Treasurer

    Mayor Buddy Dyer

    Also present, Phillip N. Brown, Chief Executive Officer and

    Secretary

    Kathleen Sharman, Chief Financial Officer

    Carolyn Fennell, Senior Director of Public

    Affairs

    Larissa Bou, Manager of Board Services and

    Assistant Secretary

    Dan Gerber, Interim General Counsel

    For individuals who conduct lobbying activities with Aviation Authority employees or Board members, registration with the Aviation

    Authority is required each year prior to conducting any lobbying activities. A statement of expenditures incurred in connection with

    those lobbying instances should also be filed prior to April 1 of each year for the preceding year. Lobbying any Aviation Authority

    Staff who are members of any committee responsible for ranking Proposals, Letters of Interest, Statements of Qualifications or Bids

    and thereafter forwarding those recommendations to the Board and/or Board Members is prohibited from the time that a Request

    for Proposals, Request for Letters of Interests, Request for Qualifications or Request for Bids is released to the time that the Board

    makes an award. Lobbyists are now required to sign-in at the Aviation Authority offices prior to any meetings with Staff or Board

    members. In the event a lobbyist meets with or otherwise communicates with Staff or a Board member at a location other than the

    Aviation Authority offices, the lobbyist shall file a Notice of Lobbying (Form 4) detailing each instance of lobbying to the Aviation

    Authority within 7 calendar days of such lobbying. Lobbyists will also provide a notice to the Aviation Authority when meeting with

    the Mayor of the City of Orlando or the Mayor of Orange County at their offices. The policy, forms, and instructions are available in

    the Aviation Authority’s offices and the web site. Please contact the Chief Administrative Officer with questions at (407) 825-7105.

    CHAIRMAN’S OPENING REMARKS Chairman Good indicated that this is the first in-person meeting in eight months, due

    to the COVID-19 pandemic. He also acknowledged that today is Veterans Day and asked

    Mayor Demings to lead the Board in the Pledge of Allegiance.

    Chairman Good stated that due to the COVID-19 pandemic, and our ongoing focus on

    safety, the Greater Orlando Aviation Authority (Aviation Authority) will be following

    the Centers for Disease Control (CDC) guidelines regarding events and gatherings.

    Seating will be limited to the seats available, and attendance is on a first-come,

    first-served basis. Face coverings are required and temperature checks will be

    conducted before entering the Aviation Authority Offices.

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    Individuals who wish to speak at the Board meeting on an item being considered on the

    agenda will be asked to fill out a speaker request card. Speakers that do not have

    inside seating will be asked to wait outside the Aviation Authority offices until

    their name is called. Once done with their comments, they must promptly leave the

    Board Room.

    Before proceeding with business, Mr. Gerber asked the Board to report any conflicts of

    interest or violations of the Aviation Authority’s Code of Ethics and Business

    Conduct; lobbying activities policy; or the Florida Sunshine Law with regard to any

    agenda item. None were expressed by any Board member.

    APPROVAL OF MINUTES 1. Upon motion by Mayor Dyer, second by Mayor Demings, vote carried to

    accept the October 21, 2020, minutes as written.

    TWENTY-YEAR SERVICE AWARD TO QUINTAIN OLDEN 2. Mr. Draper, along with Mr. Brown and the Board, recognized Mr. Olden for

    his 20 years of service to the Aviation Authority.

    RECOGNIZING YEARS OF SERVICE 3. Mr. Brown recognized Mr. James Conrad, Maintenance, Gate and Fence

    Technician, and Mr. Abderrahim “Abdu” El Baroudi, Operations, for 20 years of service.

    Additionally, he recognized Mr. William Vargas, Orlando Executive Airport Maintenance,

    Ground Maintenance Lead, for 25 years of service. He thanked them for their hard work

    and dedication to the Aviation Authority.

    Mr. Brown also recognized Ms. Denise Schneider, Assistant Director of Purchasing and

    Material Control, for receiving the 2020 Anne Deatherage Meritorious Service Award

    from the National Institute of Governmental Purchasing (NIGP) – The Institute for

    Public Procurement, which is an association of over 16,000 professionals. NIGP

    representatives described Ms. Schneider as “a fixer who is always willing to step up”.

    Before proceeding with the meeting, Mr. Brown stated that, because today we celebrate

    Veterans Day, he would like to recognize veterans who work in the Aviation Authority.

    Using visual aids (copy on file) he presented various employee pictures and names to

    honor and thank all who served.

    LOBBYING POLICY DISCUSSION 4. Mr. Gerber indicated that at the last Board meeting, Mayor Demings

    suggested for the Board to have a workshop or meeting to further discuss the Aviation

    Authority’s current Lobbying Policy. The Aviation Authority has two policies,

    Organizational Policy Section 180.01, Lobbying Activities, and Organizational Policy

    Section 180.03, Selection Period Communication.

    Mr. Gerber began by providing the definition of “Lobbying” as defined in

    Organizational Policy Section 180.01, which was last revised about 8 years ago. Under

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    this policy, an attorney representing any client in connection with an existing

    contract with the Aviation Authority or in connection with the negotiation of any

    contract with the Aviation Authority, shall not be deemed lobbying. He also provided

    the definition of “Lobbyist” per the same policy. He indicated that the policy

    requires lobbyists to register, re-register, and de-register, as appropriate. Lobbying

    expenditure reports must be filed in a timely basis. Moreover, the policy requires

    lobbyists to record lobbying contacts with staff and Board members. Board members who

    are elected officials, the Mayor of the City of Orlando and the Mayor of Orange

    County, have their own lobbying regulation efforts and sign-in procedures at their

    offices. For non-elected officials, we urge that any lobbying occurs within the

    Aviation Authority’s offices. This is because, in the reception area, there are

    lobbying sign-in forms, which must be filled out before meeting with any Board or

    staff member. There are other forms of contacts that occur, in those instances, we

    require lobbyists to obtain the “Notice of Lobbying” form on-line and submit it within

    seven calendar days of having lobbying contact, as defined by the policy.

    Continuing with the discussion, Mr. Gerber stated that the current policy has a no-

    lobbying period, which means that there shall be no lobbying from the time a

    procurement is advertised until final decision is made by the Aviation Authority Board

    on that procurement. Lobbying any Aviation Authority staff that is part of the

    selection Committees or Board during the no-lobbying period is a violation of the

    policy. Violation of the no-lobbying period may result in warning, reprimand,

    suspension or prohibition following a due process procedure. Prohibition of lobbying

    during the no-lobbying period is communicated to bidders, proposers, etc., through the

    procurement packages, which additionally state that violation of this policy could

    result in disqualification at many levels of the procurement procedure.

    Former Board members and former staff cannot lobby the Aviation Authority’s current

    Board or staff members for six (6) months after departure. As a consequence for this

    violation, the Aviation Authority Board may warn, reprimand or censure the violator or

    may suspend or prohibit the violator from lobbying the Aviation Authority Board or any

    advisory body of the Aviation Authority for up to two years after a due process

    procedure. For lobbyists who are not former Board or staff members, the policy

    states that the General Counsel or the Chief Executive Officer shall be notified of

    any lobbyist who has failed to comply with registration and/or expenditure reporting

    requirements. In such instance, the General Counsel or the Chief Executive Officer

    may request further information and may conduct such investigation. The results of

    each investigation shall be reported to the Board; however, over the past eight (8)

    years that this policy has been in place, there has not been a consequence prescribed

    for such violations.

    Mr. Gerber moved on to describe the external accountability for this policy. The

    policy is on-line on the Aviation Authority website. Additionally, at every Sunshine

    committee meeting and/or procurement meeting, at which a decision will be made, the

    lobbyist policy is announced along with a reminder about the no-lobbying period. The

    no-lobbying period has been in effect longer than the actual lobbying policy.

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    There is also internal accountability. At the beginning of any public meeting at

    which a procurement may occur or decisions may be made, the public body is asked to

    confirm that no lobbying in prohibition of the policy has occurred.

    As part of Mayor Demings’ and the Board’s request, Mr. Gerber benchmarked other

    lobbying policies against the Aviation Authority’s policy. Mr. Gerber stated that he

    looked at over 60 different policies in the state of Florida. He indicated that there

    are some notable similarities, such as registration and expense reporting

    requirements. Many of the policies have a similar no-lobbying period for

    procurements. Likewise, there were some notable dissimilarities such as an absence of

    sanctions for consequences for lack of compliance, and for many agencies, there were

    no consequences for lobbying during the no-lobbying period.

    Mr. Gerber provided a few examples of other lobbying policies, starting with Orange

    County’s policy. He indicated that they have similar registration and no-lobbying

    period language. Mr. Gerber stated that the Aviation Authority’s lobbying policy,

    which has been in effect for eight (8) years, largely mirrors Orange County’s policy.

    If there is a failure to comply with the registration and expenditure reporting

    requirements in Orange County, there are specific consequences that may result in a

    warning, reprimand, censure and suspension following due process proceedings. Orange

    County’s policy also provides for the possibility of voiding a contract award if

    lobbying occurred during the no-lobbying period. However, there is another provision

    that states that commission action is not voided necessarily by a violation.

    Continuing, Mr. Gerber indicated that the City of Orlando has a similar policy

    regarding registration requirements. Its policy states that registration occurs no

    later than one business day after lobbying. Violations, specifically under the city

    code, do not invalidate city action. However, the city also has a provision that

    states how violations may be enforced under city code Section 1.08. After analyzing

    Section 1.08 the most likely outcome, following other procedures, would be a fine of

    up to $500.

    Moving on, Mr. Gerber discussed some important details about Osceola County’s lobbying

    policy. The policy also has a no-lobbying period, which states that violation to the

    policy may result in disqualification of the competitor. Likewise, Central Florida

    Expressway Authority’s (CFX), has a no-lobbying period, but there are no specific

    sanctions identified for violations. However, there could be a disqualification in

    procurement procedures.

    Looking at different airports, Mr. Gerber indicated that Jacksonville International

    Airport lobbying policy, which follows the city of Jacksonville’s lobbying code,

    states that a knowing and willful failure or refusal to follow the city lobbying code

    may result in a fine or other punishment. Tampa International Airport’s governing

    board has no lobbying policy in effect. Palm Beach International Airport’s (PBI)

    governing board is an extension of the county government. In contrast to the Greater

    Orlando Aviation Authority, PBI has an ethics commission. First violation by a

    lobbyist results in a report to the ethics commission and a possible nominal fine

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    following due process procedures. The second and third violations may result in

    lobbyist prohibition.

    Continuing with the discussion, Mr. Gerber stated that the Ft. Lauderdale

    International Airport has violation consequences similar to ours, which may result in

    a warning, reprimand, suspension or prohibition. No sanction may occur until notice

    is issued and opportunity is given to the lobbyist to be heard.

    The State of Florida has its own lobbying rules. There are registration and reporting

    procedures similar to ours. Within the state statutes there is a one-time waiver for

    late reporting and there may be additional waivers applied to excuse a reporting

    violation. If there are repeat violations and sanctions pending, the lobbyist has an

    opportunity to have a hearing before the Florida Commission on Ethics. If it

    continues to be elevated, the Cabinet may reprimand, censure, or prohibit the lobbyist

    following due process procedures.

    Before ending his presentation, Mr. Gerber indicated that, at the moment, the Aviation

    Authority does not have consequences in place for lobbyist who are not former

    employees or former Board members. He thanked the Aviation Authority Board for their

    time and asked if there were any questions.

    Mayor Demings suggested that, where our policy is deficient, we should add some type

    of sanction. For example, referring to the current lobbying policy, there are no

    sanctions in place for violating the no-lobbying period. There needs to be a

    provision that states that a violation could result in, for example, the voiding of a

    contract. Additionally, Mayor Demings stated that there should also be a provision

    indicating that failure to comply with registration or expenditure reporting

    requirements could result in a warning, reprimand, censure, or another type of

    sanction. Mayor Demings also made a point to mention that there are sanctions in

    place for former Board and staff members that violate the six month prohibition time

    after their departure; therefore, we should be consistent with other violations of the

    policy. Lastly, Mayor Demings indicated that Orange County and the City of Orlando’s

    policies define what a warning, reprimand, censure and other sanctions mean. He

    suggested we do the same when revising the policy.

    Vice Chair Martinez asked for confirmation of the two airports that have sanctions in

    their policies. Mr. Gerber reiterated that both Ft. Lauderdale International Airport

    and Palm Beach International Airport have sanctions in place. Vice Chair Martinez

    concurred with Mayor Demings comments and suggestion regarding adding sanctions to

    violations of the policy; however, he expressed his concerns regarding punishing the

    client for the actions of the lobbyist. The idea of voiding a contract, in his

    opinion, would be punitive to the client as a result of the lobbyist’s actions. He

    communicated that he is open to further discuss this matter.

    In response to Vice Chair Martinez’s comments and concerns, Mayor Demings stated that

    Mr. Gerber presented some comparatives that included said sanction. Discussion ensued

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    regarding the infrequency in which these type of violations occur and how the severity

    of the lobbyist actions can call for more stern sanctions.

    Mayor Dyer concurred with Mayor Demings’ call for consistency in regards to sanctions,

    with addition of having the option of not awarding a contract if there is a severe

    lobbying violation. Mayor Dyer asked about the process for when there is a complaint

    against a lobbyist. Mr. Gerber explained that the current policy states that the

    General Counsel or Chief Executive Officer would investigate the matter, prepare a

    report and communicate the findings to the Aviation Authority Board. The Aviation

    Authority Board then would make a decision on how to move forward. Mr. Gerber

    highlighted that the problem we are facing at the moment is that, after the report,

    there is no notice given as to what are the possible sanctions. He continued by

    stating that once the report is provided to the Aviation Authority Board, General

    Counsel and the Chief Executive Officer may provide their recommendations based on the

    findings and communications that occurred during the investigation process. Again,

    the decision is ultimately taken by the Aviation Authority Board as the leadership of

    the organization.

    With regard to the issue of voiding a contract, Mr. Gerber stated that the language on

    the regulations he previously presented use the word “may”, and it is his

    understanding that by using this term, Orange County and the City of Orlando have been

    able to address that issue.

    Continuing, Mr. Gerber indicated that, in regards to procurement processes, the

    Aviation Authority has Committees that hold public procurement meetings, in which

    there are full discussions among Committee members regarding the procurement;

    competitors have the right to speak at the meetings; competitors have the right to

    appeal any decision made by the Committees to the Chief Executive Officer; and

    competitors can also appeal to the Aviation Authority Board. If a competitor felt

    that there was impermissible lobbying which influenced the decision of the Committee,

    they have the right to appeal. Additionally, our policy, as well as others around the

    state, allow the Aviation Authority to go to court to seek an injunction against a

    lobbyist who continues to violate the policy. Additionally, Mr. Gerber detailed how

    the appeal hearings with the Chief Executive Officer ensue.

    Mayor Dyer reiterated that sanctions must be consistent across the board.

    Chairman Good agreed with fellow Board members and added that he would like our policy

    to mirror the City of Orlando’s and Orange County’s policies as much as possible, as

    it appears that they have stronger consequences.

    Vice Chair Martinez commented that when someone applies to be a lobbyist, they should

    be provided the policy and sign a proof of receipt to ensure that, if they commit any

    violations, we have in file that they were provided the information. Mr. Gerber

    affirmed that this policy is on the website together with the lobbyist registration

    and recording requirements.

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    Mayor Demings made reference to the previous discussion regarding sanctions applying

    to the lobbyists and not to the Board members, and indicated that as a general rule,

    before he meets with anyone in his office, he wants to know the purpose of the

    meeting, in order to avoid any appearance of impropriety. Also, as a general rule, he

    does not meet with any lobbyist who is actively doing business for the airport. He

    indicated that he prefers that they meet with staff, again, to avoid any appearance of

    impropriety. In addition, there are so many contracts in the airport, that makes it

    very difficult for Board members to know who the lobbyists are (because they can

    change). Therefore, it should be the lobbyist responsibility to make the Board

    members aware that they are lobbyist and who they represent. He further stated that

    because of his and Mayor Dyer’s public capacities, they are constantly in the

    community and events where people approach them to talk, and they may not even be

    aware of who they are speaking to at that moment. Mayor Demings explained that he is

    bringing this up because, in the media, someone questioned why these type of sanctions

    are applied to the Board members, when these type of activities occur. Mayor Dyer

    added that, as Mayors, they serve on various Boards and there are hundreds of

    procurements at any given time and, unless it is a major procurement, they may not be

    aware of the details of each procurement. Chairman Good concurred with Mayor Demings’

    and Mayor Dyer’s statements.

    Chairman Good thanked Mr. Gerber and Mr. Brown for the information provided and

    indicated that he looks forward to the next meeting where they will bring revisions to

    the policy for the Board’s consideration.

    CHIEF EXECUTIVE OFFICER’S REPORT 5. Moving on, Mr. Brown stated that Mayor Dyer suggested to have a monthly

    report from the Chief Executive Officer presented to the Board. Mr. Brown indicated

    that the Marketing department creates a report that details the latest information

    regarding air service. Additionally, Mr. Draper and the Operations team provide a

    daily report that details passenger traffic activity, parking activity, and flight

    activity. Mr. Brown stated that, moving forward, he will gather all that information

    and provide Board members an informational package prior each meeting, with hard

    copies provided at the dais.

    Mr. Brown informed the Board that, based on TSA reports, in October the Orlando

    International Aiport was the 6th busiest airport in the country and for the week ending

    in November 8, 2020, we were the 2nd busiest airport in the country. Even though we

    are operating at an average of 40% of departing passenger traffic compared to last

    year, it is a good indicator of increased activity. We are doing as well as we can

    and hoping to keep attracting traffic to our airport.

    Mr. Brown announced that Tampa International Airport was scheduled to close at 3:00

    p.m. today, due to the storm that is approaching. The Orlando International Airport

    will continue operations and will continue to monitor the weather.

    Chairman Good stated that this is a great and encouraging report and thanked Mr. Brown

    for the update.

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6619

    Before moving on to the Consent Agenda, Chairman Good asked if there were speakers for

    any of the Consent Agenda items. Mr. Gerber responded in the affirmative and informed

    the Board that there were 7 speakers on Consent Agenda Item M.

    CONSENT AGENDA 6. Item M was considered separately. Upon motion by Vice Chair Martinez,

    second by Mayor Dyer, vote carried to adopt a resolution as follows: It is hereby

    resolved by the Greater Orlando Aviation Authority Board that the following Consent

    Agenda items are approved, accepted, and adopted and execution of all necessary

    documents is authorized by the Aviation Authority's Officers or Chief Executive

    Officer:

    A. accept for filing the following minutes: September 21, 2020,

    Concessions/Procurement Committee; September 8, 2020, Construction Finance Oversight

    Committee; June 30, 2020, Construction Committee;

    B. accept the recommendation to: (1) find the property listed in this

    memorandum no longer necessary, useful, or profitable in the operation of the Airport

    System; (2) request Orlando City Council concurrence and resolution of this finding;

    and (3) authorize staff to dispose of this property in accordance with the Aviation

    Authority’s Policies and Procedures;

    C. accept the recommendation of the Construction Committee to: (1) approve

    Amendment No. 4 to Addendum No. 10 to the Construction Management at Risk (CM@R)

    Entity Services for South Terminal C, Phase 1, Agreement with Hensel Phelps

    Construction for BP No. S00154, South Terminal C, Phase 1, Fueling System (GMP No. 11-

    S) at the Orlando International Airport, for a total negotiated deductive GMP

    Amendment amount of ($1,483,861), which includes a deductive amount of ($274,042) for

    CM@R Contingency, a deductive amount of ($1,116,186) for Owner Contingency, a

    deductive amount of ($9,789) for Performance and Payment Bonds, and a deductive amount

    of ($83,844) for the CM@R’s Fee (6.031%), resulting in a revised GMP amount of

    $32,394,501, with funding credited to General Airport Revenue Bonds (Fuel) and (2)

    authorize an Aviation Authority Officer or the Chief Executive Officer to execute the

    necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY

    NO. 100929];

    D. accept the recommendation of the Construction Committee to: (1) approve

    an Addendum to the Continuing Environmental Engineering Consulting Services Agreement

    with Terracon Consultants, Inc. for Abatement and Air Monitoring Services at the APM

    Station outside of the West Security Checkpoint at the Orlando International Airport,

    for the total amount of $324,687, which includes the not-to-exceed fee amount of

    $90,987 and the not-to-exceed reimbursable expense amount of $233,700, with funding

    from previously-approved Capital Expenditure Funds and (2) authorize an Aviation

    Authority Officer or the Chief Executive Officer to execute the necessary documents

    following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 100930];

    E. accept the recommendation of the Construction Committee to: (1) approve

    Change Order No. BP-00483-03 in the amount of $0, a 175 calendar day time extension to

    Substantial Completion, and a 63 calendar day time extension to Final Completion, with

    funding as outlined in Attachment A (copy on file); (2) approve Change Order No. BP-

    00486-08 in the deductive amount of ($1,260,177.69) and a 96 calendar day time

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6620

    extension to Substantial Completion, and request Orlando City Council and Federal

    Aviation Administration (FAA) concurrence (as required because of FAA funding), with

    funding as outlined in Attachment A; (3) approve Change Order No. BP-S00132-09 in the

    amount of $2,783,933 and a 365 calendar day time extension to Substantial Completion,

    with funding as outlined in Attachment A; (4) approve Change Order No. BP-S00132-10 in

    the amount of $1,000,000 and no time extension, with funding as outlined in Attachment

    A; (5) approve Change Order No. V-00943-05 in the amount of $908.93 and a 15 calendar

    day time extension to Substantial Completion, with funding as outlined in Attachment

    A; and, (6) authorize an Aviation Authority Officer or the Chief Executive Officer to

    execute the change order(s) following satisfactory review by legal counsel;

    F. accept the recommendation of the Construction Committee to: (1) approve a

    No-Cost Addendum to the Continuing Horizontal Construction Services Agreement with

    Carr & Collier, Inc. to exercise the first one-year renewal option and extend the

    Agreement to March 13, 2022; (2) approve a No-Cost Addendum to the Continuing

    Horizontal Construction Services Agreement with Cathcart Construction Company –

    Florida, LLC to exercise the first one-year renewal option and extend the Agreement to

    March 13, 2022; (3) approve a No-Cost Addendum to the Continuing Horizontal

    Construction Services Agreement with Gibbs & Register, Inc. to exercise the first one-

    year renewal option and extend the Agreement to March 13, 2022; (4) approve a No-Cost

    Addendum to the Continuing Horizontal Construction Services Agreement with Prime

    Construction Group, Inc. to exercise the first one-year renewal option and extend the

    Agreement to March 19, 2022; (5) approve a No-Cost Addendum to the Continuing

    Horizontal Construction Services Agreement with The Middlesex Corporation to exercise

    the first one-year renewal option and extend the Agreement to March 13, 2022; (6)

    approve a No-Cost Addendum to the Continuing Horizontal Construction Services

    Agreement with Valencia Construction Group, Inc. to exercise the first one-year

    renewal option and extend the Agreement to March 20, 2022; and, (7) authorize an

    Aviation Authority Officer or the Chief Executive Officer to execute the necessary

    documents following satisfactory review by legal counsel [FILED DOCUMENTARY NO.

    100931-100936];

    G. accept the recommendation of the Construction Finance Oversight Committee

    to (1) authorize funding transfer for Project G-00035 in the amount of $50,215, with

    funding as outlined in Attachment A (copy on file) and (2) request Orlando City

    Council concurrence for this non-budgeted expenditure.

    H. accept the recommendation of the Professional Services Committee to: (1)

    approve an Addendum to the IT Consulting Services Agreement with Faith Group

    Consulting, LLC for C-Cure 9000 Version 2.8 Software Upgrade at the Orlando

    International Airport, for a total lump sum fee amount of $499,916.60, with funding

    from previously-approved Capital Expenditure Funds and (2)authorize an Aviation

    Authority Officer or the Chief Executive Officer to execute the necessary documents

    following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 100937];

    I. accept the recommendation of the Professional Services Committee to: (1)

    approve the ranking of the firms for PS-647, Advertising Production Services at the

    Orlando International Airport and Orlando Executive Airport, as follows: First – Six

    Degrees Marketing Insights and Creative LLC dba SIX The Agency; Second – Fry Hammond

    Barr, Inc. dba &Barr; Third – Starmark International; and, Fourth – Evok Advertising

    and Design, Inc.; (2) authorize negotiations with the first-ranked firm in accordance

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6621

    with the Aviation Authority’s policy, and if those negotiations are unsuccessful,

    negotiate with the other firms in their ranked order; and (3) upon reaching agreement

    with the successful proposer, present the final agreement terms to the Aviation

    Authority Board for consideration for PS-647, Advertising Production Services, at the

    Orlando International Airport and Orlando Executive Airport;

    J. accept the recommendation of the Concessions/Procurement Committee to:

    (1) approve Amendment No. 3, Second Renewal Option for Purchasing Contract 13-17

    Predictive Maintenance and Vibration Analysis Services at Orlando International

    Airport with Corelusa Plant Services, Inc., beginning June 1, 2021 and ending May 31,

    2022; (2) authorize funding from the Operations and Maintenance Fund in the not-to-

    exceed amount of $112,900; and (3) authorize an Aviation Authority Officer or the

    Chief Executive Officer to execute the necessary documents following satisfactory

    review by legal counsel [FILED DOCUMENTARY NO. 100938];

    K. accept the recommendation to: (1) approve a Fire Training Services

    Contract with Florida State College at Jacksonville for live fire training for the

    Aviation Authority’s ARFF personnel; (2) authorize funding from the Operations and

    Maintenance Fund in the not-to-exceed amount of $38,130; and (3) authorize an Aviation

    Authority Officer or the Chief Executive Officer to execute the necessary documents,

    following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 100939]; and

    L. accept the recommendation of the Ad Hoc Committee (PS-643) to: (1)

    approve the Committee’s selection of Heffley and Associates for State Governmental

    Relation Consultants; (2) authorize negotiations with Heffley and Associates; and (3)

    upon reaching an agreement with the successful proposer, present the final agreement

    terms to the Aviation Authority Board for consideration for PS-643, State Governmental

    Relation Services.

    Chairman Good asked Mr. Gerber to review the framework for public comments. Mr.

    Gerber explained that there were 7 speaker requests for Consent Agenda Item M. Mr.

    Brown will present the item. After his presentation and before Board consideration,

    Mr. Gerber will identify each pre-registered speaker. Each speaker will be given 2

    minutes to provide their comments. Mr. Gerber reminded those speaking today to avoid

    repetition and to please consolidate any similar points of view.

    RECOMMENDATION OF THE CHIEF EXECUTIVE OFFICER TO ESTABLISH THE POSITION OF CHIEF

    ADMINISTRATIVE OFFICER 6. Mr. Brown stated that there has been departures of several key personnel in Concessions, Commercial Properties and Administration; therefore, it is imperative to

    combine the oversight of a number of functions in order to insure effective operations

    at the Aviation Authority.

    The objective is to oversee the overall activities of Concessions, Small Business

    Development, Public Records, and Title VI functions of the Aviation Authority, as well

    as development and implementation of goals for assigned areas that result in the

    efficient and effective accomplishment of strategic and tactical objectives. In

    addition, part of the objective is to provide oversight of our safety program for the

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6622

    Automated People Movers and legal advice and analysis to the assigned departments,

    under the supervision of General Counsel.

    Mr. Brown recommended the establishment of the position of Chief Administrative

    Officer (CAO) and nominated Ms. Yovannie Rodriguez, Esquire. Ms. Rodriguez served as

    the former Deputy General Counsel for the Aviation Authority. She left the firm

    Marchena and Graham last October and established her own firm. Since August of this

    year, she serves as the current Interim Senior Director of Concessions and Commercial

    Properties and has been instrumental to assist with various administrative,

    permitting, and concessions matters. She has been a member of the Florida Bar since

    1999. She has in-depth experience with the Aviation Authority’s diversity programs,

    infrastructure development, contract documents, risk management, and insurance and

    bonding plans, as well as in other areas.

    Her annual salary would be $225,014.40. Funding is available through previously-

    approved Operations and Maintenance Fund.

    Mr. Brown respectfully requested that the Aviation Authority Board resolve to: (1)

    establish the position of Chief Administrative Officer under Organizational Policy,

    Section 110.05 in salary grade Level 3 (E3) and (2) accept the Chief Executive

    Officer’s recommendation to nominate and appoint Ms. Yovannie Rodriguez as Chief

    Administrative Officer.

    Chairman Good asked Mr. Gerber to present the speakers. He called Ms. Emily Geary,

    followed by Ms. Kourtney Monroe who spoke in opposition of the recommended action. He

    then called Mr. Delaun Stokes who also spoke in opposition of the recommended action,

    and accused Mr. Gerber of lying at a previous meeting. Chairman Good interjected and

    stated that, even though he appreciates the speakers’ comments, he will not allow

    anyone to call our General Counsel a liar. This is out of order and it is not proper.

    Chairman Good continued by stating that Mr. Gerber is a well-respected and acclaimed

    attorney.

    Moving on, Mr. Gerber called Mr. Cody Hughes, Ms. Carmen Arroyo, and Ms. Hilda

    Renteria Hernandez, all who spoke in opposition of the recommended action.

    Mr. Gerber raised a point of order in regards to parliamentary procedures. He

    communicated that there is a time for public comments on specific items coming before

    the Aviation Authority Board. Public personal attacks on someone like Ms. Rodriguez,

    are not in keeping with the measures of decorum that the Aviation Authority has during

    these type of meetings. Ms. Rodriguez is an outstanding candidate for this position.

    She has demonstrated professionalism, experience, ethics, and compassion. As a

    reminder for all future speakers, public decorum will be appropriately given at these

    meetings.

    Upon motion by Mayor Dyer, second by Vice Chair Martinez, vote carried to approve the

    recommendation of the Chief Executive Officer, as presented.

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6623

    Mayor Demings asked Mr. Brown for an update regarding HMS Host advertising for vacant

    positions and if furloughed/terminated employees are able to re-apply for work. Mr.

    Brown indicated that Mr. Gerber received communication from HMS Host’s general counsel

    and, as of last Friday, there have been five (5) furloughed/terminated employees that

    have been re-hired. Mr. Brown added that there are some requests pending for HMS Host

    to reopen some of their facilities.

    The Chairman called for a recess from 3:07 p.m. – 3:09 p.m.

    Mr. Gerber indicated that there was one more speaker left that was not called. He

    then called Ms. Maria Gonzalez who also spoke against the recommended action.

    Chairman Good reiterated that the motion passed.

    Mr. Brown indicated that there are three (3) New Business items. The first two items

    deal with South Terminal C, Phase 1. Because there are no speakers for any of the two

    items, he requested one motion for both items.

    RECOMMENDATION OF THE CONSTRUCTION COMMITTEE TO APPROVE AMENDMENT NO. 9 TO

    ADDENDUM NO. 13 TO THE CONSTRUCTION MANAGEMENT AT RISK (CM@R) ENTITY SERVICES FOR

    SOUTH TERMINAL C, PHASE 1, AGREEMENT WITH HENSEL PHELPS CONSTRUCTION, FOR PROJECT BID

    PACKAGE (BP) NO. S00144, SOUTH TERMINAL C, PHASE 1, AIRSIDE TERMINAL ENCLOSURES AND

    EXTERIOR FINISHES (GUARANTEED MAXIMUM PRICE (GMP) NO. 6-S.2) AT THE ORLANDO

    INTERNATIONAL AIRPORT 6. Mr. Brown stated that on March 19, 2017, Hensel Phelps Construction

    (Hensel Phelps) was awarded the CM@R contract for the South Terminal C, Phase 1

    program. On June 20, 2018, the Aviation Authority Board approved Addendum No. 13 to

    the CM@R for the South Terminal C, Phase 1 Agreement with Hensel Phelps for BP No.

    S00144, Airside Terminal Enclosures and Exterior Finishes (GMP No. 6-S.2), for a total

    negotiated GMP amount of $104,107,463. Since 2018, the Aviation Authority Board

    approved Amendment Nos. 1 through 8, resulting in a revised GMP amount of

    $121,152,912.

    The amendment presented for approval today, increases the Owner Contingency to fund

    added costs resulting from design bulletins and contingency requests, which are

    outstanding. There is no impact to the program schedule as work will be completed by

    February 2022. If this amendment is approved, the revised GMP amount will be

    $123,821,291.

    The proposed GMP amendment to BP No. S00144 does not have any impact on the small

    business participation.

    The fiscal impact is $2,668,379 with funding from General Airport Revenue Bonds and

    Passenger Facility Charges to the extent eligible.

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6624

    It was respectfully requested that the Aviation Authority Board resolve to accept the

    recommendation of the Construction Committee to: (1) approve Amendment No. 9 to

    Addendum No. 13 to the Construction Management at Risk (CM@R) Entity Services for

    South Terminal C, Phase 1, Agreement with Hensel Phelps Construction, for BP No.

    S00144, South Terminal C, Phase 1, Airside Terminal Enclosures and Exterior Finishes

    (GMP No. 6-S.2) at the Orlando International Airport, for a total negotiated GMP

    Amendment amount of $2,668,379, which includes $2,500,000 for Owner Contingency,

    $17,604 for Performance and Payment Bond, and $150,775 for the CM@R Fee (6.031%),

    resulting in a revised GMP amount of $123,821,291, with funding from Passenger

    Facility Charges to the extent eligible and General Airport Revenue Bonds and (2)

    authorize an Aviation Authority Officer or the Chief Executive Officer to execute the

    necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY

    NO. 100940].

    Motion taken at the end of Item 7

    RECOMMENDATION OF THE CONSTRUCTION COMMITTEE TO APPROVE AMENDMENT NO. 8 TO

    ADDENDUM NO. 16 TO THE CONSTRUCTION MANAGEMENT AT RISK (CM@R) ENTITY SERVICES FOR

    SOUTH TERMINAL C, PHASE 1, AGREEMENT WITH HENSEL PHELPS CONSTRUCTION, FOR PROJECT BID

    PACKAGE (BP) NO. S00168, SOUTH TERMINAL C, PHASE 1, AIRSIDE TERMINAL INTERIORS, FINISHES AND

    SPECIALTIES (GUARANTEED MAXIMUM PRICE (GMP) NO. 6-S.4) AT THE ORLANDO INTERNATIONAL

    AIRPORT 7. Moving on, Mr. Brown stated that the background information for Hensel

    Phelps Construction (Hensel Phelps) is the same as on the previous item. This item

    addresses BP No. S00168 (GMP No. 6-S.4), Airside Terminal Interiors, Finishes and

    Specialties, for a total negotiated GMP amount of $59,922,390, which was approved in

    October 10, 2018. Since, the Aviation Authority Board approved Amendment Nos. 1

    through 7, resulting in a revised GMP amount of $57,454,135.

    The amendment presented today funds the Baggage Handling System (BHS) canopies and

    components, which is the scope added to this GMP. There is no impact to the program

    schedule as work will be completed by February 2022. With the approval of Amendment

    No. 8, the revised GMP amount will be $60,219,924.

    Using visual aids (copy on file), Mr. Brown presented an aerial view of the locations

    of the canopies.

    For this amendment, Hensel Phelps proposes 58% MWBE and 16% LDB/VBE participation on

    BP No. S00168 for Construction Services. Hensel Phelps is committed to the

    established small business goals of 20% MWBE and 4% LDB participation for Construction

    Services. Currently, Hensel Phelps’s estimated cumulative achievement for the overall

    program is 26% MWBE and 7% LDB/VBE participation for Construction Services.

    The fiscal impact is $2,765,789 with funding from Passenger Facility Charges to the

    extent eligible and General Airport Revenue Bonds.

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6625

    It was respectfully requested that the Aviation Authority Board resolve to accept the

    recommendation of the Construction Committee to: (1) approve Amendment No. 8 to

    Addendum No. 16 to the Construction Management at Risk (CM@R) Entity Services for

    South Terminal C, Phase 1, Agreement with Hensel Phelps Construction, for BP No.

    S00168, South Terminal C, Phase 1, Airside Terminal Interiors, Finishes and

    Specialties (GMP No. 6-S.4) at the Orlando International Airport, for a total

    negotiated GMP Amendment amount of $2,765,789, which includes $2,045,361 for Direct

    Cost of Work, $422,508 for Allowances, $98,715 for Owner Contingency, $24,679 for CM@R

    Contingency, $18,247 for Performance and Payment Bond, and $156,279 for the CM@R Fee

    (6.031%), resulting in a revised GMP amount of $60,219,924, with funding from

    Passenger Facility Charges to the extent eligible and General Airport Revenue Bonds

    and (2) authorize an Aviation Authority Officer or the Chief Executive Officer to

    execute the necessary documents following satisfactory review by legal counsel.

    Upon motion by Mayor Dyer, second by Mayor Demings, vote carried to approve the

    recommendation of the Construction Committee for Items 6 and 7, as presented [FILED

    DOCUMENTARY NO. 100941].

    RECOMMENDATION OF THE CONCESSIONS/PROCUREMENT COMMITTEE TO APPROVE AMENDMENT NO.

    4, CONTRACT ADJUSTMENT TO PURCHASING CONTRACT 01-17, AUTOMATED PEOPLE MOVER

    OPERATION AND MAINTENANCE, AT ORLANDO INTERNATIONAL AIRPORT WITH CRYSTAL MOVER

    SERVICES, INC. 8. Proceeding to the next item, Mr. Brown indicated Purchasing Contract 01-17, Automated People Mover (APM) Operation and Maintenance, with Crystal Mover

    Services, Inc. (CMSI), requires CMSI to furnish all repair parts, materials,

    consumables, tools, manuals, training, management, supervision, and skilled labor as

    necessary for the Operations and Maintenance of the Aviation Authority’s Automated

    People Mover (APM) system for Airside 1, Airside 3 and the South APM Complex. The

    Operations and Maintenance services shall be provided on a twenty-four (24) hour per

    day, seven (7) day per week basis throughout the term of the contract and in

    accordance with the contract specifications.

    The initial term of the contract began on September 26, 2017, and expired on September

    25, 2022, with the Aviation Authority having two (2) options to renew the contract for

    an additional period of five (5) years each.

    In September 2013, when the contract was bid, it provided yearly constant

    unadjusted/non-escalated lump sum fixed pricing for each year of the contract and each

    year of the renewal options for APM Operations and Maintenance. It was stipulated that

    the provided pricing would subsequently be escalated per year, per the Operations and

    Maintenance Specifications (OMS).

    Based on OMS 3.22.1 Economic Price Adjustment (EPA), the annual lump sum fixed prices

    for Labor and Parts and Materials shall be adjusted for inflation at the beginning of

    each year of the Operations and Maintenance contract. Labor shall be adjusted to the

    latest published Employment Cost Index (NAICS). Parts and Materials shall be adjusted

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6626

    according to the ratio of the latest Machinery and Equipment Index, and Metal Products

    Index. Both indexes are adjusted as published by the U.S Bureau of Labor Statistics.

    Based on this information, Amendment No. 4 reflects an Employment Cost Index factor of

    1.1481, and a Machinery and Equipment and Metal Products Producer Price Index factor

    of 1.0271. These index factors adjust the contract base bid to current year values

    resulting in a contract adjustment of $628,435.

    On July 15, 2020, the Aviation Authority approved a price adjustment to Purchasing

    Contract No. 01-17, APM Operation and Maintenance with CMSI, in a not-to-exceed amount

    of $561,293 for contract Year 3. There was a scrivener’s error on the recommended

    action, which stated that the price adjustment was through September 26, 2021. The

    recommendation should have read September 25, 2020.

    On October 19, 2020, the Concessions/Procurement Committee approved staff’s

    recommendation to approve Amendment No. 4 for a contract adjustment in the not-to-

    exceed amount of $628,435, through September 25, 2021.

    The contractor has performed satisfactorily.

    At the time of award a 1.75% MWBE and 4.6% LDB/VBE participation was established. The

    Small Business Development Department certifies that the vendor is in good standing as

    it relates to small business participation. The same small business participation

    requirement will apply to this amendment.

    The fiscal impact is in the not-to-exceed amount of $628,435, through September 25,

    2021. Funding required in the current and subsequent fiscal year will be allocated

    from the Operations and Maintenance Fund as approved through the budget process and

    when funds become available.

    It was respectfully requested that the Aviation Authority Board resolve to accept the

    Concessions/Procurement Committee’s recommendation to (1) approve Amendment No. 4,

    Contract Adjustment to Purchasing Contract 01-17, Automated People Mover Operation and

    Maintenance, at Orlando International Airport with Crystal Mover Services, Inc.

    through September 25, 2021; (2) authorize funding in the not-to-exceed amount of

    $628,435 from the Operations and Maintenance Fund; and (3) authorize an Aviation

    Authority Officer or the Chief Executive Officer to execute the necessary documents,

    following satisfactory review by legal counsel.

    Chairman Good asked if the Board had any questions or comments regarding this item.

    There was no response to his inquiry.

    Upon motion by Vice Chair Martinez, second by Mayor Dyer, vote carried to approve the

    recommendation, as presented. [FILED DOCUMENTARY NO. 100942].

    Before closing the meeting, Mr. Brown introduced and congratulated Ms. Yovannie

    Rodriguez, newly appointed Chief Administrative Officer, who thanked the Board members

    and Mr. Brown for the confidence and opportunity vested on her.

  • DRAFT MINUTES OF THE NOVEMBER 11, 2020, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY

    PAGE 6627

    Moving on, Mr. Brown stated that September 20, 1982 was an important day in the

    history of Aviation Authority. It was the day a young Administrative Aid, named Dayci

    Santiago, better known now as Dayci Burnette-Snyder, first set foot in the Aviation

    Authority. She has become an institutional icon in this airport. Today marks her

    last Board meeting, as she is retiring after 38 years of service. Ms. Burnette-Snyder

    thanked Mr. Brown for his kind words and expressed her gratitude for all the

    opportunities earned at the Aviation Authority. She wished the best to the

    organization.

    Vice Chair Martinez thanked Ms. Burnette-Snyder on behalf of the Board for all her

    help with Board matters, hard work, and dedication to the airport.

    In addition, Mr. Brown introduced Ms. Larissa Bou, Manager of Board Services and Ms.

    Anna Farmer, Executive Assistant to the Chief Executive Officer.

    ADJOURNMENT 9. There being no further business to be considered, Chairman Good adjourned

    the meeting at 3:25 p.m.

    (Digitally signed on, 2020)

    _______________________________ ____________________________________

    Larissa Bou Phillip N. Brown

    Manager of Board Services Chief Executive Officer

  • CONSENT AGENDA ITEM - A -

    GREATER ORLANDO AVIATION AUTHORITY

    ________________________________________________________________ Orlando International Airport

    One Jeff Fuqua Boulevard Orlando, Florida 32827-4399

    MEMORANDUM TO: Members of the Aviation Authority FROM: Larissa Bou, Manager of Board Services DATE: December 9, 2020 ITEM DESCRIPTION Recommendation to Accept Aviation Authority Committee Minutes BACKGROUND The following Aviation Authority Committee meeting minutes are provided in conjunction with the agenda package for the board meeting: 1. October 13, 2020, Construction Finance Oversight Committee 2. July 28, 2020, Design Review Committee 3. August 25, September 1, Septmeber 22, and September 29, 2020, Professional Services

    Committee The minute’s package is provided under separate cover on the website at: www.orlandoairports.net RECOMMENDED ACTION It is respectfully requested that the Aviation Authority Board resolve to accept these minutes for filing.

    http://www.orlandoairports.net/

  • CONSENT AGENDA ITEM – B –

    GREATER ORLANDO AVIATION AUTHORITY

    Orlando International Airport

    One Jeff Fuqua Boulevard Orlando, Florida 32827-4392

    MEMORANDUM TO: Members of the Aviation Authority FROM: Denise K. Schneider, Assistant Director of Purchasing & Material Control DATE: December 9, 2020 ITEM DESCRIPTION Recommendation to Dispose of Surplus Property BACKGROUND The Greater Orlando Aviation Authority is permitted to dispose of property that is no longer necessary, useful or profitable. ISSUES The Airport Facilities Bond Resolution and Aviation Authority Policies and Procedures Section 450.05, Disposal of Surplus Property, Scrap and Trash, and Section 450.11, Property Control, permit the Aviation Authority to dispose, for fair and reasonable value at any time, any property constituting part of the Airport System which the Aviation Authority and City of Orlando determine, by Resolution, not necessary, useful or profitable. The Aviation Authority Staff recommends disposal of property items as summarized below, in accordance with Aviation Authority policies.

    • Computers, monitors and related equipment • Electronic equipment • Assorted chairs, desks, cabinets, bookcases and tables • Miscellaneous equipment

    ALTERNATIVES The Aviation Authority could hold the property for future disposal. FISCAL IMPACT None. RECOMMENDED ACTION It is respectfully requested that the Aviation Authority Board resolve to: (1) find the property listed in this memorandum no longer necessary, useful, or profitable in the operation of the Airport System; (2) request Orlando City Council concurrence and resolution of this finding; and (3) authorize staff to dispose of this property in accordance with the Aviation Authority’s Policies and Procedures.

  • FOR DECEMBER 2020 MEETING

    ASSET # TAG # GOAA GENERAL118778 50996 COMPUTER, NOKIA IP530, W/4 ETHERNET PORTS118153 50999 UPS, APC MODEL #2200RMXLNET

    PO: 80488 55039 Device, Line Interface, PVN for VoIP, 48 Port, Phybridge, Inc. Model #LB-UA2348PO: 76977 53806 Supplier Item:#OS6850-P24 Chassis OS6600 w/DES,3DES, RC2, RC4 and PoE, 24 Port, 10/100, Alcatel #OS6600-P24

    117630 51295 UPS, SMART, APC, MODEL SU1400RMXLNETPO:1003610 55387 Switch, 2520 Connected Grid, Cisco #CGS-2520-24TCPO: 81001 52275 UPS, APC "Smart-UPS XL", 2200VA, Tower/Rack Convertible Network Package for Wiring Closets, Model SUA2200XL-NETPKG

    123116 54597 Switch, 8 10/100, Cisco w/ 2-trncvr, & 1-exp mod, & 1-rack mt kit (DMS 5)PO: 80488 55034 Device, Line Interface, PVN for VoIP, 48 Port, Phybridge, Inc. Model #LB-UA2348PO: 80488 55025 Device, Line Interface, PVN for VoIP, 48 Port, Phybridge, Inc. Model #LB-UA2348PO: 80488 55035 Device, Line Interface, PVN for VoIP, 48 Port, Phybridge, Inc. Model #LB-UA2348PO: 80488 55001 Device, Line Interface, PVN for VoIP, 24 Port, Phybridge, Inc. Model #LB-UA2324

    PO: 1003610 55388 Switch, 2520 Connected Grid, Cisco #CGS-2520-24TCPO: 1003610 55384 Switch, 2520 Connected Grid, Cisco #CGS-2520-24TCPO: 1003610 55389 Switch, 2520 Connected Grid, Cisco #CGS-2520-24TCPO: 1001797 50834 Chassis, OS6850, 48 Port, 10/100/1000 BaseT/BaseX

    PO: 80488 55003 Device, Line Interface, PVN for VoIP, 24 Port, Phybridge, Inc. Model #LB-UA2324PO: 80488 55031 Device, Line Interface, PVN for VoIP, 48 Port, Phybridge, Inc. Model #LB-UA2348

    PO: 1003905 55739 Junos Pulse Gateway 6611, Juniper #MAG6611122168 52140 UPS, APC "SMART-UPS" RACK MOUNT, MODEL # SURTD5000RMXLT3U111451 51677 OSCILLOSCOPE, TEKTRONIX, TDS-220, 100MHZ, DIGITAL REAL TIME

    ASSET # TAG # MOTOR POOL 122821 71849 Vehicle, bus, 26ft, small cutaway low floor, Arboc, Spirit of Mobility122823 71852 Vehicle, bus, 26ft, small cutaway low floor, Arboc, Spirit of Mobility122956 71872 Vehicle, bus, 26ft, small cutaway low floor, Arboc, Spirit of Mobility122958 71874 Vehicle, bus, 23ft, small cutaway low floor, Arboc, Spirit of Mobility120867 71756 FORK LIFT STACKER, ELECTRIC PRESTO LIFT, W/BATTERY & CHARGER 110571 71120 TRUCK, FORD F150 PICKUP 118150 71445 TRAILER, ALLMAND ECLIPSE ARROW BOARD 121412 71775 MOWER, JOHN DEERE, MODEL CX-15 BATWING DECK121413 71779 MOWER, JOHN DEERE, MODEL CX-15 BATWING DECK123243 71907 Vehicle, 2012 pickup, Ford, F-150131523 72007 Vehicle, Toyota Prius 2015, white w/Seat Trim110438 70838 TRUCK, FORD F250, 1FTHF25HXPNB10644 110436 70834 TRUCK, PIERCE 1500, FIRE, PUMPER (** ENGINE 88 **)

    ASSETS NEEDING BOARD APPROVAL

  • CONSENT AGENDA ITEM – C –

    GREATER ORLANDO AVIATION AUTHORITY

    ________________________________________________________________ Orlando International Airport

    One Jeff Fuqua Boulevard Orlando, Florida 32827-4399

    MEMORANDUM TO: Members of the Aviation Authority FROM: David M. Patterson, Chairman, Construction Committee DATE: December 9, 2020 ITEM DESCRIPTION Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (Guaranteed Maximum Price (GMP) No. 5-S.6) at the Orlando International Airport BACKGROUND The South Terminal C, Phase 1, Program provides for a world-class domestic and international airport terminal building, consisting of a new airside terminal with up to 24 airline gates and a landside terminal with both secure and non-secure areas, and may include, but is not limited to, all associated improvements and infrastructure required or related thereto, such as site work, roadways, aprons, runways, taxiways, other airfield work, utilities, landscaping, lighting, walkways, pedestrian bridges, expansion of the parking garage, a new and/or expanded chiller plant, aircraft loading bridges, and all interior design, such as concessions planning, ticketing, and security improvements, and baggage handling systems. On May 18, 2016, the Aviation Authority Board approved the award of a Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for the South Terminal C, Phase 1, Program at the Orlando International Airport. Under the CM@R Agreement, the CM@R is entitled to reimbursement and compensation for the following, upon acceptable performance: • Direct cost of the work is the actual cost for the subcontractor costs, direct

    labor, materials, and equipment required to construct the work, • Allowances are estimated dollar amounts that are separately identified in a GMP for

    the purpose of encumbering funds to cover certain costs that are not completely defined when the GMP is approved, but may be necessary to complete the Project. An allowance means that the scope is not fully known or additional review is needed to determine whether the item is reimbursable,

    • General condition expenses, such as CM@R management staff, limited to those set

    forth in the CM@R Agreement, • CM@R Contingency is the negotiated amount or percentage of the Cost of the Work to

    be utilized for over-budget buyout of the work and for increases in the cost due to unforeseen circumstances relating to construction of the project, except when deemed the responsibility of the Owner in accordance with the Agreement,

  • • Owner Contingency is an amount or percentage of the Cost of the Work to be utilized by the Owner for items deemed the responsibility of the Owner in accordance with the Agreement,

    • Performance and Payment rate set forth in the CM@R Contract is 0.664%, and • The CM@R Fee covers the CM@R’s overhead, profit and all other costs not

    reimbursable under the CM@R Contract. For Turner-Kiewit Joint Venture, the CM@R Fee is 4.211%.

    Cost of allowances, contingencies and insurance will not be incurred until approved by the Aviation Authority. On June 20, 2018, the Aviation Authority Board approved Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6) at the Orlando International Airport, for a total negotiated GMP amount of $40,534,012. On September 18, 2019, the Aviation Authority Board approved Amendment No. 1 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $2,025,918, resulting in a revised GMP amount of $42,559,930. On October 16, 2019, the Aviation Authority Board approved Amendment No. 2 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $3,538,793, resulting in a revised GMP amount of $46,098,723. On January 15, 2020, the Aviation Authority Board approved Amendment No. 3 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $4,682,793, resulting in a revised GMP amount of $50,781,516. The scope of BP No. S00170 includes primary power and emergency power distribution ductbanks and associated manholes for four main ductbanks, consisting of the Orlando Utilities Commission (OUC) ductbank, emergency generators A and B, and communications control. The south portion of the OUC power, including the OUC primary switchyard pad and OUC access roads, was bid as an alternate and was previously incorporated into this GMP. ISSUES This amendment decreases the contingencies that are no longer needed in this GMP so that the funds can be returned to the Program contingency. The Owner’s Authorized Representative (i.e., Geotech Consultants International, Inc. dba GCI, Inc.) and Turner-Kiewit Joint Venture have reviewed the current financial status and progress of the work in BP No. S00170, and have determined that, in accordance with the contract documents, it is appropriate at this time to decrease the CM@R Contingency, Owner Contingency, and Performance and Payment Bonds, including the associated CM@R fee amount, as shown below.

    GMP Original GMP Budget

    (A)

    Current GMP Budget* (B)

    Proposed GMP Amendment

    (C)

    Proposed Revised GMP

    (D) = (B) + (C) Direct Cost of Work $34,239,548 $46,513,533 $ 0 $46,513,533 Allowances $ 1,692,500 $ 40,000 $ 0 $ 40,000 CM@R Contingency $ 1,796,602 $ 1,216,925 ($ 463,172) $ 753,753 Owner Contingency $ 898,301 $ 621,868 ($ 559,682) $ 62,186 SUBTOTAL: $38,626,951 $48,392,326 ($1,022,854) $47,369,472 Perf. & Payment Bonds $ 269,146 $ 337,190 ($ 7,896) $ 329,294 Fee (4.211%) $ 1,637,915 $ 2,052,000 ($ 43,405) $ 2,008,595 Total GMP Addendum Cost: $40,534,012 $50,781,516 ($1,074,155) $49,707,361

  • *The Current GMP Balance amount shown in the above table represents the current budget resulting from authorized GMP subcontract awards and other budget reallocations as a result of the GMP buyout process and the awards of CM@R’s contracts and/or purchase orders through the Budget, Buyout and Contingency Management (BBC) requests approved by the Construction Committee through November 3, 2020. The GMP buyout process results in internal cost transfers between the different GMP elements within the GMP without changing the overall GMP amount previously-approved by the Aviation Authority Board. The proposed deductive GMP Amendment No. 4 does not have any impact on small business participation. With this GMP Amendment No. 4, Turner-Kiewit Joint Venture’s cumulative participation for BP No. S00170 is 26% MWBE and 5% LDB/VBE. Turner-Kiewit Joint Venture is committed to the established small business goals of 20% MWBE and 4% LDB participation for Construction Services. Currently, Turner-Kiewit Joint Venture’s cumulatively awarded participation for the overall program for Construction Services is 19% MWBE and 4% LDB/VBE. On December 1, 2020, the Construction Committee recommended approval of Amendment No. 4 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6), at the Orlando International Airport, as outlined in the memorandum. ALTERNATIVES None. FISCAL IMPACT The fiscal impact is ($1,074,155). Funding is credited to General Airport Revenue Bonds. RECOMMENDED ACTION It is respectfully requested that the Aviation Authority Board resolve to accept the recommendation of the Construction Committee and approve Amendment No. 4 to Addendum No. 15 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00170, South Terminal C, Phase 1, Underground Electrical Distribution (GMP No. 5-S.6) at the Orlando International Airport, for a total negotiated deductive GMP Amendment amount of ($1,074,155), which includes a deductive amount of ($463,172) for CM@R Contingency, a deductive amount of ($559,682) for Owner Contingency, a deductive amount of ($7,896) for Performance and Payment Bonds, and a deductive amount of ($43,405) for the CM@R’s Fee (4.211%), resulting in a revised GMP amount of $49,707,361, with funding credited to General Airport Revenue Bonds; and authorize an Aviation Authority Officer or the Chief Executive Officer to execute the necessary documents following satisfactory review by legal counsel.

  • CONSENT AGENDA ITEM – D –

    GREATER ORLANDO AVIATION AUTHORITY

    ________________________________________________________________ Orlando International Airport

    One Jeff Fuqua Boulevard Orlando, Florida 32827-4399

    MEMORANDUM TO: Members of the Aviation Authority FROM: David M. Patterson, Chairman, Construction Committee DATE: December 9, 2020 ITEM DESCRIPTION Recommendation of the Construction Committee to Approve Amendment No. 4 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (Guaranteed Maximum Price (GMP) No. 18-S) at the Orlando International Airport BACKGROUND The South Terminal C, Phase 1, Program provides for a world-class domestic and international airport terminal building, consisting of a new airside terminal with up to 24 airline gates and a landside terminal with both secure and non-secure areas, and may include, but is not limited to, all associated improvements and infrastructure required or related thereto, such as site work, roadways, aprons, runways, taxiways, other airfield work, utilities, landscaping, lighting, walkways, pedestrian bridges, expansion of the parking garage, a new and/or expanded chiller plant, aircraft loading bridges, and all interior design, such as concessions planning, ticketing, and security improvements, and baggage handling systems. On May 18, 2016, the Aviation Authority Board approved the award of a Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement to Turner-Kiewit Joint Venture. Under the CM@R Agreement, the CM@R is entitled to reimbursement and compensation for the following, upon acceptable performance:

    • Direct cost of the work is the actual cost for the subcontractor costs, direct

    labor, materials, and equipment required to construct the work, • Allowances are estimated dollar amounts that are separately identified in a GMP for

    the purpose of encumbering funds to cover certain costs that are not completely defined when the GMP is approved, but may be necessary to complete the Project. An allowance means that the scope is not fully known or additional review is needed to determine whether the item is reimbursable,

    • General condition expenses, such as CM@R management staff, limited to those set

    forth in the CM@R Agreement, • CM@R Contingency is the negotiated amount or percentage of the Cost of the Work to

    be utilized for over-budget buyout of the work and for increases in the cost due to unforeseen circumstances relating to construction of the project, except when deemed the responsibility of the Owner in accordance with the Agreement,

    • Owner Contingency is an amount or percentage of the Cost of the Work to be utilized

    by the Owner for items deemed the responsibility of the Owner in accordance with the Agreement,

  • • Performance and Payment Bond rate set forth in the CM@R Contract is 0.664%, and • The CM@R Fee covers the CM@R’s overhead, profit and all other costs not

    reimbursable under the CM@R Contract. For Turner-Kiewit Joint Venture, the CM@R Fee is 4.211%.

    Cost of allowances, contingencies and insurance will not be incurred until approved by the Aviation Authority. On January 16, 2019, the Aviation Authority Board approved Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S), at the Orlando International Airport, for a total negotiated GMP amount of $24,989,457. On April 17, 2019, the Aviation Authority Board approved Amendment No. 1 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $18,255,224, resulting in a revised GMP amount of $43,244,681. On August 28, 2019, the Aviation Authority Board approved Amendment No. 2 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $1,965,228, resulting in a revised GMP amount of $45,209,909. On February 19, 2020, the Aviation Authority Board approved Amendment No. 3 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S) at the Orlando International Airport, for a total negotiated GMP Amendment amount of $2,315,450, resulting in a revised GMP amount of $47,525,359. The scope of BP No. S00176 provides the site work and utilities for the new jobsite office complex, including the installation of ten new modular buildings, and relocation and installation of fourteen existing modular buildings. ISSUES This amendment decreases the direct cost of work and contingencies that are no longer needed in this GMP so that the funds can be returned to the Program contingency. The Owner’s Authorized Representative (i.e., Geotech Consultants International, Inc. dba GCI, Inc.) and Turner-Kiewit Joint Venture have reviewed the current financial status and progress of the work in BP No. S00176, and have determined that, in accordance with the contract documents, it is appropriate at this time to decrease the Direct Cost of Work, CM@R Contingency, Owner Contingency, and Performance and Payment Bonds, including the associated CM@R fee amount, as shown below.

    GMP Original GMP

    Budget (A)

    Current GMP Budget* (B)

    Proposed GMP Amendment

    (C)

    Proposed Revised GMP

    (D) = (B) + (C) Direct Cost of Work $22,231,359 $43,572,325 ($ 982,373) $42,589,952 Allowances $ 220,000 $ 0 $ 0 $ 0 CM@R Contingency $ 688,843 $ 186,840 ($ 47,198) $ 139,642 Owner Contingency $ 673,541 $ 1,530,202 ($1,052,869) $ 477,333 SUBTOTAL: $23,813,743 $45,289,367 ($2,082,440) $43,206,927 Perf. & Payment Bonds $ 165,930 $ 315,569 ($ 16,077) $ 299,492 Fee (4.211%) $ 1,009,784 $ 1,920,423 ($ 88,369) $ 1,832,054 Total GMP Addendum Cost: $24,989,457 $47,525,359 ($2,186,886) $45,338,473

    *The Current GMP Balance amount shown in the above table represents the current budget as a result of authorized GMP subcontract awards and other budget reallocations as a result of the GMP buyout process and the awards of CM@R’s contracts and/or purchase orders through the Budget, Buyout and Contingency Management (BBC) requests approved by the Construction Committee through November 3, 2020. The GMP buyout process results in internal cost transfers between the different GMP elements within the GMP

  • without changing the overall GMP amount previously-approved by the Aviation Authority Board. The proposed deductive GMP Amendment No. 4 does not have any impact on small business participation. With this GMP Amendment No. 4, Turner-Kiewit Joint Venture’s cumulative participation for BP No. S00176 is 3% MWBE and 0.3% LDB/VBE. Turner-Kiewit Joint Venture is committed to the established small business goals of 20% MWBE and 4% LDB participation for Construction Services. Currently, Turner-Kiewit Joint Venture’s cumulatively awarded participation for the overall program for Construction Services is 19% MWBE and 4% LDB/VBE. On December 1, 2020, the Construction Committee recommended approval of Amendment No. 4 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S) at the Orlando International Airport, as outlined in the memorandum. ALTERNATIVES None. FISCAL IMPACT The fiscal impact is ($2,186,886). Funding is credited to Customer Facility Charges to the extent eligible, General Airport Revenue Bonds and Aviation Authority Funds. RECOMMENDED ACTION It is respectfully requested that the Aviation Authority Board resolve to accept the recommendation of the Construction Committee and approve Amendment No. 4 to Addendum No. 21 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture for BP No. S00176, South Terminal C, Phase 1, Site Logistics Relocation (GMP No. 18-S) at the Orlando International Airport, for a total negotiated deductive GMP Amendment amount of ($2,186,886), which includes a deductive amount of ($982,373) for Direct Cost of Work, a deductive amount of ($47,198) for CM@R Contingency, a deductive amount of ($1,052,869) for Owner Contingency, a deductive amount of ($16,077) for Performance and Payment Bonds, and a deductive amount of ($88,369) for the CM@R’s Fee (4.211%), resulting in a revised GMP amount of $45,338,473, with funding credited to Customer Facility Charges to the extent eligible, General Airport Revenue Bonds and Aviation Authority Funds; and authorize an Aviation Authority Officer or the Chief Executive Officer to execute the necessary documents following satisfactory review by legal counsel.

  • CONSENT AGENDA ITEM – E –

    GREATER ORLANDO AVIATION AUTHORITY

    ________________________________________________________________ Orlando International Airport

    One Jeff Fuqua Boulevard Orlando, Florida 32827-4399

    MEMORANDUM TO: Members of the Aviation Authority FROM: David M. Patterson, Chairman, Construction Committee DATE: December 9, 2020 ITEM DESCRIPTION Recommendation of the Construction Committee to Approve Amendment No. 2 to Addendum No. 28 to the Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture, for Project Bid Package (BP) No. S00181, South Terminal C, Phase 1, Ground Transportation Facility (GTF) (Guaranteed Maximum Price (GMP) No. 8-S.1) at the Orlando International Air