AMENDMENT NO. 1 BY AND BETWEEN GREATER ORLANDO AVIATION AUTHORITY AND ALLEN ENTERPRISES, INC. TO f ,! t I• I ' PURCHASING CONTRACT 22-20 AME DMENT NO. 1 made and entered into as of the :J /1',J day of ~r..14,1~J..,..1Jl.lL.l.~• 2021, by and between the GREATER ORLANDO AVIA~HORITY (here natter referred to as "Authority") and ALLEN ENTERPRISES, INC. (hereinafter referred to as "Contractor"). W I T N E S S ET H: WHEREAS, by Contract dated July 1, 2020, Contractor agreed to provide Airfield Lighting Parts and Maintenance Services at Orlando International Airport, Orlando, Florida; and WHEREAS, the term of the Contract is for sixty (60) months; and WHEREAS, the Authority desires and Contractor agrees to revise the airfield lighting parts list to include additional parts required and delete obsolescent parts no longer used by the Authority or available by the manufacturer. NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained, the parties hereby amend the Contract as follows: 1. Effective Date: The effective date of this Amendment shall be the date this Amendment was entered into. 2. Contract Adjustment. The airfield lighting parts list has been revised to include additional parts required and delete obsolescent parts that are no longer used by the Authority or available by the manufacturer. Attachment" A", Parts Prices and Maintenance Service Rates, as shown in the Contract, shall be deleted in its entirety and replaced with the revised and updated Attachment "A-1", Parts Prices and Maintenance Service Rates - Second 12 Month Renewal Period, made a part hereof by this reference (changes shown in bold). 3. Compensation. Authority shall pay to the Contractor during the renewal term of the Contract, upon satisfactory completion of the work required by the provisions of the Contract, unit prices as shown in Attachment "A-1", Parts Prices and Maintenance Service Rates - Second 12-Month Renewal Period. Compensation shall be paid pursuant to the terms and conditions of the Contract. 4. Suit/Proceedings. The Contractor agrees that any suit or proceeding initiated for the purpose of interpreting or enforcing any provision of the Contract or any matter in connection therewith shall be brought only in a court of competent jurisdiction in Orange County, Florida, and Contractor waives any venue objection, including, but not limited to, any objection that a 22-20 Amendment No.1
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AMENDMENT NO. 1
BY AND BETWEEN
GREATER ORLANDO AVIATION AUTHORITY AND
ALLEN ENTERPRISES, INC.
TO
f ,! t I• I '
PURCHASING CONTRACT 22-20
AME DMENT NO. 1 made and entered into as of the :J /1',J day of ~r..14,1~J..,..1Jl.lL.l.~• 2021, by and between the GREATER ORLANDO AVIA~HORITY (here natter referred to as "Authority") and ALLEN ENTERPRISES, INC. (hereinafter referred to as "Contractor").
W I T N E S S ET H:
WHEREAS, by Contract dated July 1, 2020, Contractor agreed to provide Airfield Lighting Parts and Maintenance Services at Orlando International Airport, Orlando, Florida; and
WHEREAS, the term of the Contract is for sixty (60) months; and
WHEREAS, the Authority desires and Contractor agrees to revise the airfield lighting parts list to include additional parts required and delete obsolescent parts no longer used by the Authority or available by the manufacturer.
NOW, THEREFORE, for and in consideration of the premises and mutual covenants herein contained, the parties hereby amend the Contract as follows:
1. Effective Date: The effective date of this Amendment shall be the date this Amendment was entered into.
2. Contract Adjustment. The airfield lighting parts list has been revised to include additional parts required and delete obsolescent parts that are no longer used by the Authority or available by the manufacturer. Attachment" A", Parts Prices and Maintenance Service Rates, as shown in the Contract, shall be deleted in its entirety and replaced with the revised and updated Attachment "A-1", Parts Prices and Maintenance Service Rates - Second 12 Month Renewal Period, made a part hereof by this reference (changes shown in bold).
3. Compensation. Authority shall pay to the Contractor during the renewal term of the Contract, upon satisfactory completion of the work required by the provisions of the Contract, unit prices as shown in Attachment "A-1", Parts Prices and Maintenance Service Rates -Second 12-Month Renewal Period. Compensation shall be paid pursuant to the terms and conditions of the Contract.
4. Suit/Proceedings. The Contractor agrees that any suit or proceeding initiated for the purpose of interpreting or enforcing any provision of the Contract or any matter in connection therewith shall be brought only in a court of competent jurisdiction in Orange County, Florida, and Contractor waives any venue objection, including, but not limited to, any objection that a
22-20 Amendment No.1
suit has been brought in an inconvenient forum. Contractor agrees to submit to the jurisdiction of the Florida courts and irrevocably agrees to accept service of process by U.S. mail.
5. Public Entity Crimes Act. The Contractor acknowledges the following notice: “A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount set forth in s.287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list.”
6. Whistle Blower Reporting Line. The Authority is committed to the highest level of integrity in its operations and is fully committed to protecting the organization, its operations, and its assets against fraud, waste or abuse. The Authority has established a Whistle Blower Reporting Line with a third-party service provider as a means for employees, contractors, vendors, tenants and the general public to report suspected fraud, waste or abuse in connection with Authority operations. Should Contractor suspect any fraud, waste or abuse in connection with any work under this Contract, including any work of its subcontractors or laborers, it shall promptly report such activity at (877) 370-6354, through email: [email protected], or through the online reporting form at www.integritycounts.ca/org/GOAA. The Contractor shall include this reporting requirement in all subcontracts and vendor agreements. The Contractor is further encouraged to report any suspected fraud, waste or abuse it suspects in connection with any other airport operation or project.
7. Continuing Effect of Contract Provisions. Except as amended by this Amendment No. 1, the Contract shall continue in full force and effect in accordance with its terms and conditions.
22-20 Airfield Lightning Parts 15 Revised 4/16/2020
ATTACHMENT "A-1" 22-20 AIRFIELD LIGHTNING PARTS
FOR THE PERIOD OF JULY 1, 2021 THRU JUNE 30, 2022
GOAA PO LINE NO.
Item Line No. GOAA Item No. ADB Airfield Solutions
Vendor P/N DESCRIPTION *Estimated
Annual Usage
Unit Price Guaranteed Delivery Days
541 541 F038 POWER SUPPLY, 5A, 24VDC $577.40
542 542 F039 POWER SUPPLY, 10A, 24VDC $879.53
TOTAL RENEWAL - ESTIMATED BUDGET - NOT TO EXCEED $665,000.00 (Total OIA = $625,000 & TOTAL OEA = $40,000)
*The quantities provided have been estimated for the purpose of this renewal. Although the authority believes that these estimates fairly describe the scope of work under ordinary circumstances, actual conditions may cause the number to fluctuate. The authority is obligated only to pay the unit prices
for items provided in this amendment for the quantities actually requested by the Authority and provided by the Contractor.
ADD PART
DELETE PART
PART NUMBER CHANGE
ITEMS ON BOLD - PRICE CHANGE
22-20 Airfield Lightning Parts 16 Revised 4/16/2020
GREATER ORLANDO AVIATION AUTHORITYAGENDA
DATE: April 15, 2020 DAY: WEDNESDAY TIME: 2:00 P.M.
LIVE STREAM: https://orlandoairports.net/airport-business/#sunshine-meetings GOTOWEBINAR: https://attendee.gotowebinar.com/register/4101969326576420622
Following Disease Control (CDC) guidelines and the emergency orders of Governor DeSantis, Mayor Demings, and Mayor Dyer, the Greater Orlando Aviation Authority is adhering to a business distancing operational plan. Please note that all board meetings are held virtually until further notice.
If you would like to provide a written statement for the board meeting on an item being considered on the agenda, please send your statement to [email protected] by 1:00 p.m. Eastern Daylight Time on April 15, 2020. Your statement will be read or summarized for the Board, depending on the length of the statement, and it will be included in full in the public record. If you would like to speak on an item being considered on the agenda, please send your request to [email protected]. All speaker requests must be received no later than 1:00 p.m. Eastern Daylight Time on April 15, 2020. Each speaker is limited to 3 minutes. Include your name, who you represent, and the item on which you request to speak.
I. CALL TO ORDER
II. ROLL CALL
III. PLEDGE OF ALLEGIANCE
IV. ELECTION OF OFFICERS
V. CONSIDERATION OF AVIATION AUTHORITY MINUTES FOR FEBRUARY 19 AND MARCH 18, 2020 (minutes includedin the agenda)
VI. CONSENT AGENDA(These items are considered routine and will be acted upon by the Authority in one motion. If discussion is requested on an item, it will beconsidered separately.)A. Recommendation to Accept Committee MinutesB. Recommendation of the Construction Committee to Approve Amendment No. 2 to Addendum No. 12 to the
Construction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with HenselPhelps Construction to Establish a Revised Baseline Program Schedule for the South Terminal C, Phase 1 andPhase 1 Expansion, at the Orlando International Airport
C. Recommendation of the Construction Committee to Approve Amendment No. 1 to Addendum No. 12 to theConstruction Management at Risk (CM@R) Entity Services for South Terminal C, Phase 1, Agreement with Turner-Kiewit Joint Venture to Establish a Revised Baseline Program Schedule for the South Terminal C, Phase 1 andPhase 1 Expansion, at the Orlando International Airport
D. Recommendation of the Construction Committee to Approve a Job Order Construction Services Addendum to theContinuing Horizontal Construction Services Agreement with Cathcart Construction Company – Florida, LLC forProject H-00331, A and B Sides Quick Turn-Around (QTA) Site Improvements, at the Orlando International Airport
E. Recommendation of the Construction Committee to Approve a Job Order Construction Services Addendum to theContinuing Vertical Construction Services Agreement with Gomez Construction Company for Project V-00951, Aand B Sides Quick Turn-Around (QTA) Equipment Upgrades, at the Orlando International Airport
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 toensure that a verbatim record of the proceedings is made which includes the testimony and evidence upon which the appeal is to be based.
GREATER ORLANDO AVIATION AUTHORITY AGENDA FOR ITS APRIL 15, 2020, MEETING
PAGE 2
VI. CONSENT AGENDA (cont)F. Recommendation of the Construction Committee to Approve a Job Order Construction Services Addendum to the
Continuing Vertical Construction Services Agreement with Collage Design and Construction Group, Inc. dba The Collage Companies for Project V-00952, Quick Turn-Around (QTA) Buildings A1, A2 and A3 Upgrades, at the Orlando International Airport
G. Recommendation of the Construction Committee to Approve a Job Order Construction Services Addendum to the Continuing Vertical Construction Services Agreement with T&G Corporation dba T&G Constructors for Project V-00953, Quick Turn-Around (QTA) Buildings B1 and B2 Upgrades, at the Orlando International Airport
H. Recommendation of the Construction Committee to Approve Change Order(s) to Various ContractsI. Recommendation of the Construction Committee to Approve the Single Source Procurement of Furniture for the
Aviation Authority Office Trailers at the South Terminal C Site Logistics Complex at the Orlando International Airport from Modular Building Systems International
J. Recommendation to Authorize the Purchase of one E-ONE Custom Typhoon Pumper through the Utilization of the Florida Sheriff’s Association Contract #FSA18-VEF13.0, from REV RTC, Inc. f/k/a ASV RTC, Inc. d/b/a Hall-Mark RTC
K. Recommendation to Approve Amendment No. 1 to Theme Retail Concession Agreements, at Orlando International Airport, with DNC Parks & Resorts at KSC, Inc.
L. Recommendation to Extend Engagement Letter with Rumberger Kirk as Interim General Counsel
VII. NEW BUSINESSA. Recommendation of the Concessions/Procurement Committee to Award Sole Source Purchasing Contract No.
22-20, Airfield Lighting Parts and Maintenance Services, at Orlando International Airport and Orlando Executive Airport, to Allen Enterprises, Inc.
B. Recommendation to Ratify and Approve Property and All Other Lines Insurance Awards for the May 1, 2020 to May 1, 2021 Policy Period
C. Recommendation to Approve the 12KV Line Installation Agreement by and between the Greater Orlando Aviation Authority and the Orlando Utilities Commission
D. Recommendation to Approve Resolutions for the Limited Deferral of Specific Fees Due to the Greater Orlando Aviation Authority from Airlines, In-Terminal Concessionaires, and On-Site Rental Car Operators
E. Recommendation to Accept and Execute any Grant Offers or Amendments to Grants from the Federal Aviation Administration (FAA) Funded by the Coronavirus Aid, Relief, and Economic Security (CARES) Act that may be forthcoming for the Orlando International Airport and Orlando Executive Airport
VIII. 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 Chief Executive Officer Approvals for April Board MeetingB. Notification of Release of RFP/RFB/RFQ’s Under $500,000C. 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 AirportD. 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. 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.
NEXT SCHEDULED BOARD MEETING IS ON WEDNESDAY, MAY 20, 2020
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NEW BUSINESS 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: Raymond D. Anderson, Esq., Chairman, Concessions/Procurement Committee
DATE: April 15, 2020
ITEM DESCRIPTION
Recommendation of the Concessions/Procurement Committee to Award Sole Source Purchasing Contract No. 22-20, Airfield Lighting Parts and Maintenance Services, at Orlando International Airport and Orlando Executive Airport, to Allen Enterprises, Inc.
BACKGROUND
Sole Source Purchasing Contract No. 16-05, Airfield Lighting Parts and Maintenance Services, at Orlando International Airport and Orlando Executive Airport (Airports), with Allen Enterprises, Inc. (Allen Enterprises) requires Allen Enterprises to provide all labor, supervisions, materials, supplies, programming, parts and equipment required to inspect, evaluate, operate, support and maintain the airfield lighting system at the Airports (Purchasing Contract).
The Purchasing Contract commenced on June 27, 2005, with an initial two-year term (Initial Term). The Purchasing Contract was subsequently amended annually to extend the Initial Term through June 26, 2015, at which time the Purchasing Contract was amended to include a new five-year term, which term is scheduled to expire on June 26, 2020. The Purchasing Contract pricing is based on unit prices and hourly labor rates. The actual costs of the Purchasing Contact is determined based on the services requested, performed and approved by the Aviation Authority.
Due to the limited and specialized nature of the services to be provided, this Purchasing Contract does not include a Minority and Women Business Enterprise or Local Developing Business participation goal.
ISSUES
The Purchasing Contract, as amended, is scheduled to expire on June 26, 2020. Readily available airfield lighting parts and maintenance services are critical to ensure safe aircraft operations at the Airport. Federal Aviation Administration (FAA) Advisory Circular AC 150/5345-53D, Airport Lighting Equipment Certification Program, requires that certified airfield lighting systems be maintained in the same configuration with parts and services as the existing Original Equipment Manufacturer (OEM) certification. The Aviation Authority’s existing certified airfield lighting systems are ADB Safegate airfield lighting systems, and Allen Enterprises is the exclusive OEM representative for ADB Safegate airfield lighting systems in the Southeast United States.
Based on the information known at this time, Allen Enterprises has performed satisfactorily during the term of the Purchasing Contract, as amended. No price
increases are requested at this time. As a result, based on the information presented, on March 9, 2020, the Concessions/Procurement Committee approved Staff’s recommendation to award Purchasing Contract No. 22-20, Airfield Lighting Parts and Maintenance Services, at Orlando International Airport and Orlando Executive Airport, to Allen Enterprises, Inc., for a five-year term through June 26, 2025, with no renewal terms, in the amount not-to-exceed $3,850,000.
ALTERNATIVES
No alternatives are being considered.
FISCAL IMPACT
The fiscal impact of the proposed Purchasing Contract is not-to-exceed $3,850,000. Funding will be provided from previously-approved Orlando International Airport Operations and Maintenance Fund in the amount not-to-exceed $3,675,000. Funding will also be provided from previously-approved Orlando Executive Airport Operations and Maintenance Fund, in the amount not-to-exceed $175,000. Funding required in current and subsequent fiscal years will be allocated throughout the budget process and when funds become available.
RECOMMENDED ACTION
It is respectfully requested that the Aviation Authority Board resolve to approve the Concessions/Procurement Committee’s recommendation to (1) award Sole Source Purchasing Contract No. 22-20, Airfield Lighting Parts and Maintenance Services, at Orlando International Airport and Orlando Executive Airport, to Allen Enterprises, Inc., for a five-year term, through June 26, 2025, in an amount not-to-exceed $3,850,000; (2) authorize funding from the Orlando International Airport Operations and Maintenance Fund in the amount not-to-exceed $3,675,000; (3) authorize funding from the Orlando Executive Airport Operations and Maintenance Fund in the amount not-to-exceed $175,000; and (4) authorize an Aviation Authority Officer or the Chief Executive Officer to execute the appropriate documents following satisfactory review by legal counsel.