On WEDNESDAY, DECEMBER 9, 2015, 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 Frank Kruppenbacher called the meeting to order
at 2:07 pm The meeting was posted in accordance with Florida Statutes and a quorum
was present. [Live Streaming from Orlando, FL]
Authority members present,
Frank Kruppenbacher, Chairman
Dean Asher, Vice Chairman
Domingo Sanchez, Treasurer
Mayor Buddy Dyer
Mayor Teresa Jacobs
Ed Fouche
Jim Palmer
Also present,
Phillip N. Brown, Executive Director and
Secretary
Dayci S. Burnette-Snyder, Director of Board
Services and Assistant Secretary
Marcos Marchena, 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. As of January 16, 2013, 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. As adopted by the Board on September 19, 2012, 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. As of
January 16, 2013, 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 Director of Board Services with questions at (407) 825-2032.
Chairman Kruppenbacher stated that an item will be added to new business to address a
temporary license agreement with the Central Florida Expressway Authority.
MINUTES
1.
Upon motion by Vice Chairman Asher, second by Mr. Fouche, vote carried to
accept the October 21, 2015, minutes as written.
TWENTY YEAR SERVICE AWARD
2.
Chairman Kruppenbacher along with Mr. Brown and Mrs. Churchill
acknowledged Ms. Pam L’Heureux for her 20 years of service to the Aviation Authority.
Ms. L’Heureux was accompanied by her peers in Finance.
RECOGNITION OF C. W. JENNINGS
3.
Chairman Kruppenbacher recognized Mrs. Ann Jennings and family for being
here today to join the GOAA family in recognizing the late C. W. (Bill) Jennings.
Mayor Dyer along with Mayor Jacobs, Mr. Brown, and Ms. Carolyn Fennell, joined Mrs.
Jennings at the podium.
Ms. Fennell read the Resolution into the record:
WHEREAS, C.W. “Bill” Jennings distinguished himself as the longest-serving Executive
Director of the Greater Orlando Aviation Authority. His six year stewardship included
guiding Orlando International Airport through the tumult of September 11th and
increasing annual passenger traffic to nearly 35 million, and WHEREAS, Mr. Jennings’
remarkable 30-year career with the Aviation Authority was notable, not only for his
rise through the ranks with stints as Director of Human Resources, Director of
Operations, Senior Director of Airports and Deputy Executive Director, but also as a
champion of diversity as a founding member of the Airport Minority Advisory Council
and supervisor of Orlando International’s minority, women, disadvantaged and small
business programs, and WHEREAS, Bill Jennings demonstrated a keen awareness that
aviation was not constrained by borders as he led the effort to train airport
executives in developing countries like Morocco, Senegal, Ghana, Tunisia, Kenya and
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
RECOGNITION OF C. W. JENNINGS (cont)
the Ivory Coast in areas such as civil aviation issues, security, airfield and ramp
safety and crisis management, and WHEREAS, Mr. Jennings demonstrated his commitment to
the community as a 20-year veteran of the U.S. Army and Army Reserves, Chairman of the
Florida A&M University Board of Trustees and significant contributor to the
establishment of the American Beach Museum, and WHEREAS, Bill Jennings, known as a man
of few words, let his actions define his character. He will always be remembered as a
friend, colleague and aviator, whose devotion to flight, in both his professional and
personal life, compelled him to always strive to soar. NOW THEREFORE be it resolved
that this Resolution be presented in honor and appreciation of C.W. “Bill” Jennings in
recognition of his visionary leadership and his legacy as a giant in the aviation
industry, and that a copy of this Resolution be retained permanently in the records of
the Greater Orlando Aviation Authority as evidence of his enduring impression.
Upon motion by Mayor Dyer, second by Mayor Jacobs, vote carried to approve the
Resolution as read.
Mrs. Jennings talked about Mr. Jennings, his love of the Orlando International
Airport, and his appreciation of Staff. He always said hire good people and let them
do their job.
Mr. Brown then informed the Board that a plaque in honor of Mr. Jennings and Mr. John
Wyckoff will be added to the collection in the lobby, along with Mayor Carl T.
Langford’s plaque. In addition, one piece of art work from the Aviation Authority’s
Highwaymen collection (Boat House on the Indian River by Alfred Hair) will be loaned
to the A. L. Lewis Historical Society, Inc. which operates the American Beach Museum
located in Fernandina Beach, FL.
The Chair thanked the Jennings’ family for sharing him with the Aviation Authority.
His legacy continues on a daily basis.
Chairman
Kruppenbacher
International Airport.
acknowledged
Frank
Ioppolo,
Chairman,
Sanford-Orlando
UPDATE ON SUSTAINABILITY
4.
Ms. Judith-Ann Jarrette, Manager of Noise Abatement and Sustainability,
presented the Aviation Authority’s Sustainability Management Report 2014 (copy on
file).
Ms. Jarrette talked about the 8 GOAA green goals and provided an update on
where we stand on the goals based on data gathered from the first half of 2015. She
then mentioned that the Aviation Authority’s Purchasing Department was recognized by
the National Procurement Institute for 2015 Achievement of Excellence in Procurement
Award and they also received the 2014 FDEP Recycling Recognition Award. She mentioned
that the Aviation Authority is working towards becoming the first airport in the world
to achieve Leadership in Energy and Environmental Design (LEED) certification for the
airport campus as a whole.
Ms. Jarrette then mentioned the many projects taken on by the MCO/ORL Green Team. In
closing, she stated that the focus in 2016 is to continue the reduction in greenhouse
gas emission; expand on our recycling program; and increase the amount of food waste
that is deferred from the landfill.
Mr. Jeff Pratcher, Director of Central District, Florida Department of Environmental
Protection, presented the Recycling Recognition Award to Denise Schneider, Assistant
Director of Purchasing.
Ms. Julie Bond, Program Manager of Best Work Places for Commuters, presented an award
to the Aviation Authority for “Best Work Place for Commuters”.
This is a national
recognition from the National Center for Transit Research located in Tampa.
The
program was established by the EPA and the Department of Transportation.
She
commented OIA for its sustainability and providing high level benefits to its
employees for commuting.
She introduced Mr. Reginald Mills who represents Rethink
Your Commute. They are instrumental in working with businesses in the area to get the
award established.
(Mayor Jacobs left the room at 2:39 p.m. – returning at 2:43 p.m.)
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
UPDATE ON SUSTAINABILITY (cont)
Mayor Dyer commended the efforts of everyone involved in sustainability. To attract a
talented workforce you have to make all aspects of our community desirable.
He
mentioned the City’s commercial composting effort this year and the Hyatt was one of
the first businesses that signed up. The other entity doing amazing things at OIA is
Enterprise Car Rental by increasing the number of electric cars in their fleet.
Chairman Kruppenbacher asked that the Green Team be acknowledged for their efforts and
work.
VISIONING PROCESS BY FENTRESS
5.
Chairman Kruppenbacher introduced Mr. Curt Fentress, CEO and Principle in
Charge of Design, Fentress.
He advised the Board that there will be a number of
workshops as we move forward on the South Terminal.
Mr. Fentress talked about the visioning process for the international terminal.
Fentress has some guiding principles they use for designing buildings, particularly
airports, and they relate to designing each building uniquely for its place, context,
and culture of the location. Creating entries that are unique, special, and inviting.
Sustainability is very important in the design of the building but also to this
airport and the community.
Design a building with the natural order in mind –
wayfinding, understanding the marketplace, understanding Orlando, as we embark on the
process and stay focused throughout the process and not lose sight of what this is all
about -- the passenger experience. Mr. Fentress mentioned that in the past they have
setup outreach programs where they meet with the community and try to understand the
unique features of the community and embody that into the design of the building.
That is the intention after the first of the year. He looks forward to interact with
the Board and the members of the community in helping Fentress understand what is
needed.
Continuing his presentation, he talked about past and present technology,
getting information to the informed traveler, and constant desire for better services.
Using video aid (not on file), he showcased previous works at other airports and how
Fentress makes the vision come to life.
Chairman Kruppenbacher mentioned 2 components that are critical. Customer service from the moment you get off the aircraft or until the moment you get on the aircraft,
we are the best in the world.
Messaging – developing the message of what a great
community this is to do business in. Work sessions will be scheduled and if you need
any information please contact Mr. Brown or Mr. Thornton. Addressing Mr. Fentress, he
suggested that he spend some time with Mayor Dyer and Mayor Jacobs in addition to Mr.
Sanchez who spearheads customer service.
Mr. Fentress looks forward to the Board’s input.
CONSENT AGENDA
6.
Upon motion by Mr. Sanchez, second by Mr. Fouche, vote carried to adopt a
resolution as follows:
It is hereby resolved by the Greater Orlando Aviation
Authority 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 Executive Director:
A.
accept the following minutes -- May 8 and July 9, 2015, Aviation Noise
Abatement Committee; November 10, 2015, Construction Finance Oversight Committee; July
27, October 26, and November 9, 2015, Concessions/Procurement Committee; August 4,
August 11, August 25, September 3, September 8, September 22, and September 29, 2015,
Construction Committee; August 26 and October 8, 2015, Design Review Committee; and
July 30, July 31, August 5, August 11, August 25, September 3, September 8, and
September 22, 2015, Professional Services Committee;
B.
accept the recommendation of the Construction Committee to approve Change
Order No. 041-02 in the credit amount of ($14,692.20), and Change Order BP-440-05 in
the amount of $0, with funding as outlined in Attachment A; request Orlando City
Council and FAA concurrence (as required because of FAA funding) for Change Order 04102 in the credit amount of ($14,692.20); and authorize an Aviation Authority Officer
or the Executive Director to execute the change orders following satisfactory review
by legal counsel;
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
CONSENT AGENDA (cont)
C.
accept the recommendation of the Professional Services Committee and (1)
approve an Addendum to the Professional Financial Consulting Services Agreement with
Albert E. Sampey, CPA for financial consulting services for a not-to-exceed fee amount
of $108,750, with funding from Operation and Maintenance Funds and (2) authorize an
Aviation Authority Officer or the Executive Director to execute the necessary
documents following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9206]
D.
accept the recommendation of the Construction Committee and approve an
Addendum to the Construction Management at Risk Services Agreement with Hensel Phelps
Construction Co. for BP No. S116, South Airport APM Complex – APM Structure (GMP No.
7) at the Orlando International Airport, for a total negotiated GMP amount of
$32,492,363, which includes $25,412,807 for direct cost of the work, $3,091,000 for
direct cost of the work allowances, $663,098 for the CM@R’s Contingency, $1,326,196
for the Owner’s Contingency, a fee amount of $1,606,986 (5.27% of actual direct cost),
and $392,276 for general conditions, with funding with funding from the Aviation
Authority’s Line of Credit to be reimbursed by Aviation Authority funds, future
Revenue Bonds, and Passenger Facility Charges to the extent eligible for the APMrelated work, and from the Aviation Authority’s Line of Credit to be reimbursed by
Aviation Authority funds, future Revenue Bonds, and Facility Improvement Funds to the
extent eligible for the garage-related related work; and (2) authorize an Aviation
Authority Officer or the Executive Director to execute the necessary documents
following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9207];
E.
accept the recommendation of the Construction Committee and (1) approve
Amendment No. 3 to Addendum No. 4 to the Construction Management at Risk Services
Agreement with Turner-Kiewit Joint Venture for BP No. S121, South ITF - Core Staff and
General Conditions (GMP No. 16) at the Orlando International Airport, for a total
negotiated GMP Amendment amount of $74,082 (which includes $74,082 for general
conditions) resulting in a revised GMP amount of $6,645,950, with funding from Florida
Department of Transportation (FDOT) grants and (2) authorize an Aviation Authority
Officer or the Executive Director to execute the necessary documents following
satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9208];
F.
accept the recommendation of the Construction Committee and approve an
Addendum to the General Consulting Services Agreement with Schenkel & Shultz, Inc. for
16/24 Gate Program Oversight and Technical Support Services for Architect of Record
associated with WS116 South Terminal C (Phase 1) – Support Services at the Orlando
International Airport for a total amount of $2,440,159, which includes a not-to-exceed
fee amount of $2,435,149, and a not-to-exceed reimbursable expenses amount of $5,010,
with funding from previously-approved Discretionary Funds to be reimbursed by the
Aviation Authority’s Line of Credit with permanent funding from future Revenue Bonds
to the extent eligible and authorize an Aviation Authority Officer or the Executive
Director to execute the necessary documents following satisfactory review by legal
counsel [FILED DOCUMENTARY NO. 9209];
G.
accept the recommendation of the Construction Committee and (1) approve
an Addendum to the Construction-Engineering-Financial Consulting Services Agreement
with R. W. Block Consulting, Inc. for program controls services in support of the
South Terminal Complex Program through September 2016 for a total amount of
$1,368,775, which includes a not-to-exceed fee amount of $1,354,775, and a not-toexceed reimbursable expenses amount of $14,000, with funding from previously-approved
Discretionary Funds to be reimbursed by the Aviation Authority’s Line of Credit with
permanent funding from future GARBs and (2) authorize an Aviation Authority Officer or
the Executive Director to execute the necessary documents following satisfactory
review by legal counsel [FILED DOCUMENTARY NO. 9210];
H.
accept the recommendation of the Construction Committee and (1) approve
the award of BP No. 445, West End BHS Modifications and Replacement, A and B Sides, at
the Orlando International Airport, to Jervis B. Webb Company for the bid amount of
$20,797,879 (base bid plus Alternate No. 1), with funding from 2013A AMT GARBS, 2014
Bonds, 2010 PFC Bonds, and Passenger Facility Charges to the extent eligible and (2)
authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY
NO. 9211];
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
CONSENT AGENDA (cont)
I.
accept the recommendation of the Construction Committee and (1) approve
an Addendum to the Professional Services Agreement with Reynolds, Smith and Hills, Inc.
for construction phase A/E services for BP No. 445, West End BHS Modifications and
Replacement, A and B Sides, at the Orlando International Airport, for a total amount
of $702,226, which includes a not-to-exceed fee amount of $700,026, and a not-toexceed reimbursable expenses amount of $2,200, with funding from 2013A AMT GARBS, 2014
Bonds, 2010 PFC Bonds, and Passenger Facility Charges to the extent eligible and (2)
authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY
NO. 9212];
J.
accept the recommendation of the Construction Committee and (1) approve
an Addendum to the Continuing Program and Project Management Agreement with PMA
Consultants, LLC for construction phase OAR services for BP No. 445, West End BHS
Modifications and Replacement, A and B Sides, at the Orlando International Airport,
for a not-to-exceed fee amount of $1,212,589.30, with funding from 2013A AMT GARBS,
2014 Bonds, 2010 PFC Bonds, and Passenger Facility Charges to the extent eligible and
(2) authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY
NO. 9213];
K.
accept the recommendation of the Construction Committee and (1) approve
the award of BP No. 457, Fiber Optic Duct Bank, Segments ZC-157, ZC165 and ZC-159, at
the Orlando International Airport, to Kobo Utility Construction Corp. for the total
bid amount of $1,678,693 with funding from Capital Expenditure Funds and (2) authorize
an Aviation Authority Officer or the Executive Director to execute the necessary
documents following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9214];
L.
accept the recommendation of the Construction Committee and (1) approve
the purchase of Type A, Type A1, Type A2, and Type A3 fixtures from Gexpro Supply for
Project E193, Light Fixture Replacement for Parking Garage B at the Orlando
International Airport, for the not-to-exceed amount of $1,289,541.30 with funding from
Capital Expenditure Funds and (2) authorize an Aviation Authority Officer or the
Executive Director to execute the necessary documents following satisfactory review by
legal counsel [FILED DOCUMENTARY NO. 9215];
M.
accept the recommendation of the Construction Committee and (1) authorize
the single source procurement of Cognex Camera Baggage Tag Reader Array (CBTRA) and
Accessories from Cimtec Automation LLC for Project E211, Installation of Inbound Bag
Counting Arrays at the Orlando International Airport the not-to-exceed bid amount of
$393,329.14; (2) authorize funding from 2010A Bonds; and (3) authorize an Aviation
Authority Officer or the Executive Director to execute the necessary documents
following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9216];
N.
accept the recommendation of the Professional Services Committee and
approve the ranking of the firms for Professional Services as Major Subconsultants to
the Aviation Authority’s Architect of Record (i.e., HNTB Corporation) for the South
Terminal C, Phase 1 at the Orlando International Airport as follows:
(a) for
Structural Engineer:
First – C&S Engineers, Inc.; Second - Walter P. Moore and
Associates, Inc.; and Third – Graef-USA.; (b) for Airfield Civil Engineer:
First –
Kimley-Horn and Associates, Inc.; Second – C&S Engineers, Inc.; Third – Burns &
McDonnell Engineering Company, Inc.; and Fourth – Prime Engineering, Inc.; (c) for
Landside Civil Engineer:
First – Atkins North America, Inc.; Second – HDR
Engineering, Inc.; and Third – T.Y. Lin International; (d) Mechanical and Plumbing
Engineer:
First – Syska Hennessy Group, Inc.; Second - Matern Professional
Engineering, Inc.; and Third – ME Engineers, Inc.; (e) for Electrical Engineer: First
- Matern Professional Engineering, Inc.; Second – Syska Hennessy Group, Inc.; and
Third – WSP USA Corp.; (f) for Aviation Baggage Handling System Specialty Engineer:
AECOM Technical Services, Inc.; and Second – Vic Thompson Company; and, (g) for
Aviation Ground Support Equipment Systems Specialty Engineer:
First – T.Y. Lin
International; Second – AERO Systems Engineering, Inc.;
and, Third – Burns &
McDonnell Engineering Company, Inc. [FILED DOCUMENTARY NO. 9217-9238];
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
CONSENT AGENDA (cont)
O.
accept the recommendation of the Professional Services Committee and
approve the ranking of the firms for Professional Services for Airline Liaison
Representative, at the Orlando International Airport as follows:
First – Airport &
Aviation Professions, Inc.; and, Second – Aerotegic, Inc.; authorize hourly rate
negotiations with the first-ranked firm in accordance with the Aviation Authority’s
policy, and if those negotiations are unsuccessful, negotiate with the second-ranked
firm; and, subject to successful negotiations with the first-ranked firm, approve a no
cost Professional Services Agreement for Airline Liaison Representative at the Orlando
International Airport, with the first-ranked firm for its negotiated hourly rates; (4)
authorize an Aviation Authority Officer or the Executive Director to execute the
necessary contract documents following satisfactory review by legal counsel [FILED
DOCUMENTARY NO. 9239];
P.
accept the recommendation of the Concessions/Procurement Committee to (1)
deem the bid submitted by MV Transportation, Inc. non-responsive; (2) award Purchasing
Contract 17-15, Shuttle Bus Management Services to National Express Transit
Corporation, as the low responsible and responsive bidder; (3) authorize funding from
the Operation and Maintenance Fund in the not-to-exceed amount of $11,702,795.25; and
(4) authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents, following satisfactory review by legal Counsel [FILED DOCUMENTARY
NO. 9240];
Q.
accept the recommendation of the Concessions/Procurement Committee and:
(1) approve the Single Source Contract Extension for Purchasing Contract 01-11, Fire
Alarm System Testing, Certification and Repair with Commercial Systems Group, Inc.,
for a new expiration date of July 31, 2018; (2) authorize funding from the Operation
and Maintenance Fund in the not-to-exceed amount of $638,812.75; and (3) authorize an
Aviation Authority Officer or the Executive Director to execute an amendment following
satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9241];
R.
accept the recommendation of the Concessions/Procurement Committee and
(1) find T A W Power Systems, Inc. non-responsive; (2) award Purchasing Contract 04-16
to Electric Services, Inc.; (2) authorize funding from the Operation and Maintenance
Fund in the not-to-exceed amount of $4,822,468.75; and (3) authorize an Aviation
Authority Officer or the Executive Director to execute the necessary documents
following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9242];
S.
approve the reallocation of Capital Expenditure Funds in the not-toexceed amount of $537,000 for the equipment, installation, and support; authorize an
Aviation Authority officer or Executive Director to execute any necessary documents
following satisfactory review by legal counsel; and request Orlando City Council
concurrence in this unbudgeted expenditure;
T.
confirm the appointment of Citizen at Large, Mr. Chip Hart, for a term of
3 years with an expiration date of December 31, 2018;
U.
accept the recommendation of the Concessions/Procurement Committee to (1)
approve the purchase of KVM hardware, installation services and training services from
Black Box Network Services, Inc. pursuant to General Services Administration (GSA)
Contract #GS-35F-0158J; (2) authorize funding from the approved Capital Expenditure
Fund in the not-to-exceed amount of $265,687.99; and (3) authorize the Purchasing
Office to issue the necessary purchase order;
V.
accept the recommendation of the Concessions/Procurement Committee to (1)
approve the Sole Source Procurement to Airport Data Fusion, Inc. for the Airport
Operation Management Services (AOMS) support services; (2) authorize funding from the
Operation and Maintenance Fund in the not-to-exceed amount of $178,866; and (3)
authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents, following satisfactory review by legal counsel [FILED DOCUMENTARY
NO. 9243];
W.
accept the recommendation of the Professional Services Committee and (1)
approve the ranking for the professional services (PS-441) benefit consulting services
as follows:
First – BB&T - J Rolfe Davis Insurance; (2) approve a Professional
Services Agreement with the first-ranked firm, BB&T - J Rolfe Davis Insurance, for a
term of 48 months with a total fixed fee amount of $326,600, with funding from
Operations and Maintenance Funds; and (3) authorize an Aviation Authority Officer or
the Executive Director to execute the necessary documents following satisfactory
review by legal counsel [FILED DOCUMENTARY NO. 9244];
X.
approve the Concession Agreement with AC Holdings for network programming
and authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents following satisfactory review by Legal Counsel [FILED DOCUMENTARY
NO. 9245];
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
CONSENT AGENDA (cont)
Y.
approve Amendment Number 1 to Orlando Executive Airport Lease Agreement
for the Herndon Village Shoppes at Orlando Executive Airport extending the term to
October 31, 2036; grant tenant an option for an additional ten (10) year term; amend
the maintenance requirement under the lease; revise the rent due under the lease as
set forth above; request concurrence by the Orlando City Council of an amendment
impacting a lease term in excess of 10 years; and authorize an Aviation Authority
Officer or the Executive Director to execute the necessary documents, following
satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9246];
Z.
approve the appointment of Yovannie Rodriguez as Deputy General Counsel;
extend the term of engagement of Marchena and Graham, P.A. to provide General Counsel
services to the Aviation Authority through April 30, 2021; and authorize the Chairman
to execute any documents necessary to accomplish the above actions [FILED DOCUMENTARY
NO. 9247];
AA.
accept
the
Executive
Director’s
recommendation
and
confirm
the
appointment of Mr. Raymond D. Anderson as the Senior Director of Concessions and
Properties;
BB.
approve the Memorandum of Understanding Regarding the East Airfield
Development Area and authorize the Executive Director to execute the Memorandum of
Understanding Regarding the East Airfield Development Area subject to satisfactory
review by legal counsel [FILED DOCUMENTARY NO. 9248];
CC.
accept the recommendation of the Construction Committee and (1) approve
an Addendum to the Continuing Vertical Construction Services Agreement with Gomez
Construction Company for Construction Services for Project V797, A-Garage Structural
Repairs to Pedestrian Bridges (Design-Build) at the Orlando International Airport, for
the direct-negotiated lump sum amount of $349,367.63 with funding from Capital
Expenditure Funds and Renewal and Replacement Funds; and (2) authorize an Aviation
Authority Officer or the Executive Director to execute the necessary documents
following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9249];
DD.
accept the recommendation of the Construction Committee and (1) approve
an Addendum to the General Consulting Services with BRPH Architects Engineers, Inc.
for Planning Staff Support Services Related to Land Use and Related Planning Programs
at the Orlando International Airport, for a not-to-exceed fee amount of $309,988, with
funding from previously-approved Discretionary Funds; and (2) authorize an Aviation
Authority Officer or the Executive Director to execute the necessary documents
following satisfactory review by legal counsel [FILED DOCUMENTARY NO. 9250];
EE.
accept the recommendation of the Construction Committee and (1) approve
Amendment No. 2 to Addendum No. 7 to the Construction Management at Risk Services
Agreement with Hensel Phelps Construction Co. for BP No. S105, South Airport Automated
People Mover (APM) Complex
– Sitework and Utilities (GMP No. 1B) at the Orlando
International Airport, for a total negotiated GMP Amendment amount of $4,362,558,
which includes $4,144,161 for the Owner’s Contingency and $218,397 for the CM@R’s fee
amount (5.27% of actual direct cost), resulting in a revised GMP amount of
$29,141,367, with funding from the Aviation Authority’s Line of Credit to be
reimbursed by future Passenger Facility Charges, future Revenue Bonds, and Aviation
Authority funds for the APM-related scope, and with funding from the Aviation
Authority’s Line of Credit to be reimbursed by Facility Improvement Funds, future
Revenue Bonds, and Aviation Authority funds for the garage-related scope; and (2)
authorize an Aviation Authority Officer or the Executive Director to execute the
necessary documents following satisfactory review by legal counsel [FILED DOCUMENTARY
NO. 9251]
FF.
find the property listed in the 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;
RECOMMENDATION FOR AUTHORIZATION TO NEGOTIATE AGREEMENTS FOR USE OF RIGHT OF WAY
FOR FIXED GUIDEWAY SYSTEM AND FOR SPACE RENTAL AT THE INTERMODAL TERMINAL FACILITY (ITF)
WITH FLORIDA EMMI, LLC. (EMMI)
7.
Mr. Brown stated that in December 2013, the Florida Department of
Transportation (FDOT) issued Request for Proposals for the leasing of right-of-way for
constructing and operating a Fixed Guideway System for OIA to the Orange County
Convention Center.
The RFP was issued in response to an unsolicited proposal from
Florida EMMI, LLC. (aka Maglev).
Three entities were involved – the Aviation
Authority, Orange County, and Orlando/Orange County Expressway Authority (now CFX).
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
RECOMMENDATION FOR AUTHORIZATION TO NEGOTIATE AGREEMENTS FOR USE OF RIGHT OF WAY
FOR FIXED GUIDEWAY SYSTEM AND FOR SPACE RENTAL AT THE INTERMODAL TERMINAL FACILITY (ITF)
WITH FLORIDA EMMI, LLC. (EMMI) (cont)
We have been working closely with Orange County for the past few months addressing a
number of issues related to this matter.
In addition, we have had discussions with
EMMI regarding the technology. Using visual aids (copy on file), Mr. Brown mentioned
EMMI’s proposed route; proposed stations; and proposed technology.
EMMI proposed a
driverless magnetic levitation transit system with technology that has not been placed
into commercial operation before.
The Aviation Authority issued a request for
information with a list of questions that address safety, reliability, train control
technology, system certifications, manufacturers experience, operational processes,
and an investment grade ridership study. The Aviation Authority also issued EMMI an
example of design and performance criteria used for the Automated People Mover (APM)
system at OIA.
He stated that Lea+Eilliot, Inc. looked at the summary of technology issues.
The
technology consists of an integration of various subsystems that have not been applied
together as part of an integrated system. The ability to successfully integrate the
various subsystems into a whole is critical to deploying a safe and reliable
technology. While each key member of the EMMI team appears qualified, the process of
bringing the Maglev into production is unclear. We would like to see the ASCE-21 APM
standards. Even though EMMI states that they will meet this requirement, an approach
on how the technology will meet this is not identified.
After a lot of discussions, EMMI and its funding partner, Globalvia, came to us and
recognized the time and risk associated with finalizing the Maglev technology for
deployment and has proposed to proceed with deploying Light Rail Transit (LRT) while
reserving the option to deploy Maglev technology if it can be sufficiently established
ready for commercial service on a timely basis. Mr. Marchena is in possession of a
letter from FDOT that the change in the process, to LRT, does not in any way
compromise the RFP process so that we can move forward with the respondent in this
regard. Mr. Brown stated that LRT is an established technology. Globalvia, partner
to EMMI, manages and operates eight transit systems utilizing LRT/APM technology with
a variety of system manufactures.
He then talked about EMMI’s proposed LRT team.
Staff and Lea+Elliott find the proposed LRT technology as a reasonable alternative to
the Maglev technology since LRT is will established and Globalvia has experience in
the implementation and operation of LRT systems. Mr. Brown then reviewed Globalvia’s
commitment and partners. The investors are looking at long term rates of return. He
mentioned that the objective of the financial review is to demonstrate the financial
feasibility of the proposed system and provide sufficient information to assess its
financial impacts on the Aviation Authority’s revenues from rental car and ground
transportation concessions. Mr. Brown stated that the approach the Aviation Authority
is taking is to look more in-depth to the financial scenario and have enough
confidence in what is being proposed to achieve the objectives stated.
Additional
consideration include the ridership study; project costs; Operation and Maintenance
Cost; financing; and debt service coverage.
The Aviation Authority is expected to
incur approximately $500,000 in consultant and legal fees in order to finalize the
agreement including the escrow conditions.
It is respectfully requested that the Aviation Authority Board resolve to (1)
authorize staff to proceed to negotiate right of way agreements, ITF space agreements
and escrow agreements with EMMI and (2) present the agreements to the Aviation
Authority Board for consideration and approval, following satisfactory review by legal
counsel.
Motion was made by Mayor Jacobs to consider the item. She is very excited about the
potential of bringing this to fruition. The Mayor thanked the Chair and Mr. Brown for
the way we have proceeded in the past several months working in tandem, using the
expertise of Orange County and the Aviation Authority, has been very beneficial. Vice
Chairman Asher seconded the motion. Mayor Jacobs’ wanted to enter into the record the
importance of, in the future, having a direct connection between the Convention Center
and Sunrail, so that the larger conventions have the opportunity to enjoy the downtown
experience and the venues we have invested so much in.
Addressing Mayor Dyer, she
stated that she did not know if it needed to be addressed in this contract, but she
wants to ensure that everyone is recognizing the value of that, and nothing that we do
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
RECOMMENDATION FOR AUTHORIZATION TO NEGOTIATE AGREEMENTS FOR USE OF RIGHT OF WAY
FOR FIXED GUIDEWAY SYSTEM AND FOR SPACE RENTAL AT THE INTERMODAL TERMINAL FACILITY (ITF)
WITH FLORIDA EMMI, LLC. (EMMI) (cont)
forecloses the opportunity to make that connection.
Mayor Dyer responded that we
continue to explore the opportunity for a Phase 3 for Sunrail between somewhere south
of Sandlake Road to the airport.
We have begun initial discussions with EMMI about
having a Sandlake Road stop for its system. Some of the details need to be worked out
but it does not make sense if it does come into existence to have it cross the Sunrail
line and not stop because of its proximity to the Sandlake Road station. No reason
not to have a common station.
Mayor Jacobs responded that her interest is greater
between the convention center and the Sandlake Road station due to the price point.
She has communicated this to Globalvia.
Vice Chairman Asher asked Mr.
project.
Mr. Brown responded
expects because of the complex
progress report to the Board in
Brown if there was a time frame associated with this
that with rail systems it takes longer than everyone
issues that need to be addressed. He will provide a
the March or April.
Chairman Kruppenbacher commended Mr. Brown and Mr. Marchena for their efforts.
He
wanted the record to reflect the success of where we are with this issue. He thanked
Mayor Jacobs and her staff for the support and cooperation they have displayed. The
Chair also thanked Globalvia, Charlie Gray, and Tom Wilkes for their professionalism.
Motion passed. Mayor Jacobs also thanked Globalvia for their interest and support in
this project.
APPROVAL OF THE ESCROW EXTENSION AGREEMENT, THIRD AMENDMENT TO THE RAIL
LINE EASEMENT AGREEMENT, SECOND AMENDMENT TO THE PREMISES LEASE AND USE AGREEMENT,
SECOND AMENDMENT TO THE VEHICLE MAINTENANCE FACILITY GROUND LEASE AGREEMENT AND THE
FIRST AMENDMENT TO THE EMBANKMENT FUNDING
AGREEMENT ALL RELATING TO ALL ABOARD FLORIDA
8.
Mr. Brown stated that yesterday afternoon he circulated a memorandum
(copy on file) which was a culmination of about 3 weeks intense discussion with All
Aboard Florida and the staff of the Aviation Authority. Beginning in October 2013, we
entered into a number of agreements with All Aboard Florida to establish an escrow
period with a number of things occurring before the agreements would take effect.
All Aboard Florida has requested an extension to the Escrow Term of 1 year until
December 31, 2016.
This request was predicated primarily because when All Aboard
Florida went into the market to issue its bonds, the market was not favorable and it
withdrew its offering.
That triggered a number of issues bringing us here today
requesting this extension.
The Aviation Authority will agree to extend the Escrow Term until December 31, 2016,
if the following conditions are met on or before December 31, 2015: (1) All Aboard
Florida shall provide a Letter of Credit in favor of the Aviation Authority in an
amount of $10,000,000.00 in order to secure approximately 3.5 years of rental payments
at the Rail Station Building ensuring that the Aviation Authority has funds to repay
the Florida Department of Transportation loan for the Rail Station Building
construction and for operation and maintenance of the Rail Station Building until the
space can be repurposed for another use and (2) All Aboard Florida shall make a
Station Contribution in the amount of $8,000,000.00 to the Aviation Authority to fund
the construction of the full design of the Rail Station Building, including the second
set of escalators and the canopy intended to serve All Aboard Florida.
All Aboard Florida shall be entitled to an additional one (1) year Escrow Term
extension if prior to December 31, 2016, All Aboard Florida has performed one of the
two following conditions: (1) obtains financing or equity commitments that will allow
the full build out (including train sets) of the Rail Transportation Business from
Miami to the Orlando International Airport or (2) has closed on the purchase of all of
the right-of-way required to construct its Rail Transportation Business infrastructure
from the east to the eastern edge of the Orlando International Airport property and,
within one hundred eighty (180) days from the Effective Date of the Extension
Agreement, and at no cost to the Authority, has delivered and assigned to the
Authority a full set of permit ready engineering drawings for the Critical Rail
Corridor Improvements.
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MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
APPROVAL OF THE ESCROW EXTENSION AGREEMENT, THIRD AMENDMENT TO THE RAIL
LINE EASEMENT AGREEMENT, SECOND AMENDMENT TO THE PREMISES LEASE AND USE AGREEMENT,
SECOND AMENDMENT TO THE VEHICLE MAINTENANCE FACILITY GROUND LEASE AGREEMENT AND THE
FIRST AMENDMENT TO THE EMBANKMENT FUNDING
AGREEMENT ALL RELATING TO ALL ABOARD FLORIDA (cont)
The Escrow Extension Agreement also includes All Aboard Florida’s agreement that if
another entity is prepared to construct the Critical Rail Corridor Improvements, the
Aviation Authority, in its sole and absolute discretion, may elect to allow the other
entity to construct the Critical Rail Corridor Improvements.
In the event this
election is made, All Aboard Florida will not be entitled to a credit under any of the
Agreements for work that is completed by another entity.
The other agreements affected by this extension include the Vehicle Maintenance
Facility Ground Lease Agreement; Premises Lease and Use Agreement; and Embankment
Funding Agreement.
Staff will bring back a GMP; making sure that our risks are
adequately addressed going forward with the construction; and ensuring that the
Aviation Authority’s assets and critical infrastructure are protected.
Approval of this Escrow Extension Agreement and related agreements with All Aboard
Florida will likely result in a recommendation from staff to proceed with the final
Construction Management at Risk (CM@R) package for the Intermodal Transit Facility
(ITF) in January 2016.
Proceeding with that project will result in the Aviation
Authorityutilizing the portion of the joint participation agreement (JPA) with the
Florida Department of Transportation (FDOT) that requires repayment by the Aviation
Authorityin the amount of $52,700,000, commencing upon completion of construction.
The Aviation Authority is relying upon the anticipated rental revenue stream from the
All Aboard Florida lease for repayment of the FDOT loan portion of the JPA. In the
event All Aboard Florida fails to clear escrow and the Aviation Authority has
constructed the ITF then the Aviation Authority will nevertheless have the repayment
obligation. The $10,000,000 letter of credit required from All Aboard Florida is
intended to cover approximately the first three and a half years of rent from All
Aboard Florida so the Aviation Authority has sufficient funds to repay the FDOT loan
portion of the JPA for a period of time in order to be able to repurpose that portion
of the facility if necessary.
It is respectfully requested that the Aviation Authority Board (1) approve the Escrow
Extension Agreement, the Third Amendment to the Rail Line Easement Agreement, the
Second Amendment to the Vehicle Maintenance Facility Ground Lease Agreement, the
Second Amendment to the Premises Lease and Use Agreement and the First Amendment to
the Embankment Funding Agreement; (2) seek Orlando City Council approval of the Escrow
Extension Agreement, the Third Amendment to the Rail Line Easement Agreement, the
Second Amendment to the Vehicle Maintenance Facility Ground Lease Agreement, the
Second Amendment to the Premises Lease and Use Agreement and the First Amendment to
the Embankment Funding Agreement; and (3) authorize the Executive Director or his
designee to execute all documents related to the above agreements subject to
satisfactory review by legal counsel.
Upon motion by Mayor Dyer, second by Mr. Sanchez, vote carried to approve the
recommended action.
Mayor Dyer complimented Mr. Brown’s staff and Mr. Marchena for
their contributions in moving this effort along. Chairman Kruppenbacher stated that
this rail is coming and it is far more complicated in today’s world and in this
environment. He agreed with Mayor Dyer’s compliment of staff and Mr. Marchena, along
with the representatives of the rail system.
APPROVAL OF THE TEMPORARY PROPERTY LICENSE AGREEMENT BY AND BETWEEN THE GREATER
ORLANDO AVIATION AUTHORITY AND CENTRAL FLORIDA EXPRESSWAY AUTHORITY (CFX) FOR THE USE
OF A PORTION OF MCO PROPERTY FOR MAINTENANCE OF TRAFFIC
9.
Motion made by Vice Chairman Asher, second by Mr. Sanchez to consider the
item. Mr. Marchena stated that this item was processed through normal channels but it
did not appear on the final agenda.
It is time sensitive and that is why we are
asking the Board to consider it today.
The Aviation Authority and CFX entered into that certain Purchase and Sale Agreement
with an effective date of July 30, 2012, as amended by that certain First Amendment to
Purchase and Sale Agreement dated June 19, 2014 and that certain Second Amendment to
PAGE 6176
MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
APPROVAL OF THE TEMPORARY PROPERTY LICENSE AGREEMENT BY AND BETWEEN THE GREATER
ORLANDO AVIATION AUTHORITY AND CENTRAL FLORIDA EXPRESSWAY AUTHORITY (CFX) FOR THE USE
OF A PORTION OF MCO PROPERTY FOR MAINTENANCE OF TRAFFIC (cont)
Purchase and Sale Agreement dated July 30, 2014 (the “PSA”), which are associated with
a sale of an Easement to CFX to relocate a portion McCoy Road as part of the SR 528
improvement project. The SR 528 improvement project will result in the removal of the
airport toll plaza on the 528 greatly improving access to the Orlando International
Airport (“MCO”). The Board previously approved a Temporary Property License Agreement
that expires on December 31, 2015.
Utilizing a construction access license in the PSA, CFX relocated a portion of McCoy
Road onto the Aviation Authority property that was ultimately to be sold to CFX. A
graphic showing the roadway relocation is included herein for ease of review.
The
Federal Aviation Administration has determined that a release of this property to CFX
is not acceptable due to its location within a Runway Protection Zone. The parties
discussed a Lease and Use Agreement, but CFX has determined that it will relocate the
storm water facility that required the relocation of McCoy Road and allowing the prior
condition to be put back in place.
Since the approval of the prior License, the
timing of the SR 528 improvement project requires that the new McCoy Road segment be
used for a one hundred eighty day period as maintenance of traffic to allow demolition
of the airport toll plaza and ultimately demolition of the new McCoy Road segment
between December 2015 and June 2016. The License includes insurance requirements and
indemnification acceptable to the Aviation Authority for this limited use of the
portion of the roadway on Aviation Authority Property.
The License shall expire on
June 30, 2016.
It was respectfully requested that the Aviation Authority Board (1) approve the
Temporary Property License Agreement and (2) authorize the Executive Director or his
designee to execute all documents related to the Temporary Property License Agreement
subject to satisfactory review by legal counsel.
Motion passed.
CHAIRMAN’S REMARKS
10.
Mayor Dyer mentioned Consent Agenda Item BB (Memorandum of Understanding
Regarding the East Airfield Development Area) and thanked the homeowners association
representatives attending today’s meeting. He said that this issue has been worked on
for a long time and believes that a good resolution has been agreed upon to protect
the neighborhoods surrounding the airport while allowing the airport to pursue
economic opportunities. He commended his staff and the HOA’s. Mayor Jacobs’ echoed
Mayor Dyer’s sentiments.
Vice Chairman Asher provided a quick report on the Metroplan meeting.
he said that he is meeting with them in January.
As to the Port,
Chairman Kruppenbacher thanked Mr. Palmer for the progress on the USO.
Mr. Palmer
said that the Board has always appreciated the service of the military and was happy
to be involved in the project.
In talking with veterans, the Chair has been
approached about the USO having a wall where people could buy a plaque for loved ones.
Mr. Palmer will discuss this request with them after the meeting. The Chair reminded
the Board that the USO in OIA will be open to veterans.
Mr. Sanchez stated that he appreciates the Chair’s earlier comments on customer
service. He said that one thing that has not been mentioned at all is the focus on
our employees which he believes is extremely critical. He appreciates all of staff’s
efforts in addressing the needs of everyone.
Mr. Fouche will
presentation.
invite
Experience
Kissimmee
to
a
future
board
meeting
for
a
Chairman Kruppenbacher asked Mr. Brown to bring in February a marketing plan for the
internal airport. Mentioning the moving sidewalks, the Chair stated that the decision
was based upon the recommendation of McKinsey & Company. The data shows that it is
not being utilized.
Mr. Brown stated that if we continue with the current moving
sidewalks, they will need to be upgraded. In addition to the McKinsey data,
PAGE 6177
MINUTES OF THE DECEMBER 9, 2015, MEETING OF THE GREATER ORLANDO AVIATION AUTHORITY
CHAIRMAN’S REMARKS (cont)
observations were made by staff and Westfield to ensure that the moving walkways are
under-utilized.
Only about 15% of the users of the facilities use the moving
walkways.
They are relatively short in distance and need to be upgraded.
We are
proposing to phase them out; open up areas for seating; and as a result increase
revenue. Mr. Brown added that there are no ADA requirements to have moving walkways
available for users of the facilities. The belts underneath the moving walkways will
be left in place in case it is determined in the future to bring them back.
Chairman Kruppenbacher stated that we have a significant senior population in Florida.
Many of us rapidly joining this population. He asked if there is another option that
can be offered to transport individuals that will not use a wheelchair.
Mr. Brown
responded that Staff can evaluate the use of golf carts.
Chairman Kruppenbacher stated that he and Mr. Brown had a successful meeting with
Sanford-Orlando International Airport.
Discussion surrounded ways we could work
together for the benefit of our region.
The Chair congratulated Ms. Yovannie
Rodriguez for being named Deputy General Counsel.
As to the messaging screens, he requested that the environmental awards be included in
the loop. For the good of the order, Mr. Brown stated that representatives of the USO
are here today to take photos with board members after the meeting.
ADJOURNMENT
11.
There being no further business to be considered, Chairman Kruppenbacher
adjourned the meeting – 3:35 p.m.
(Digitally signed on February 17, 2016)
_______________________________
Dayci S. Burnette-Snyder
Director of Board Services
____________________________________
Phillip N. Brown, A.A.E.
Executive Director
PAGE 6178