RESOLUTIONS & BACKUP INFORMATION FOR PUBLIC MEETING OF MARCH 30, 2015 ITEM A Consider Approval of a Resolution Awarding a Contract to RLH Investments, LLC, for Roof and Wall Repairs to the Machinery House on Cranes Nos. 6 and 7 at the Napoleon Avenue Terminal Complex (Ms. Dunn). This contract is in the amount of $469,000 to RLH Investments, LLC, the lowest of three responsive bidders, for all labor, material and equipment to replace the roof and wall panels on the machinery houses located on Container Cranes Nos. 6 and 7 at the Napoleon Avenue Container Terminal. Funds are budgeted in the Capital Improvement Program for Fiscal Year 2015. PRE BID ESTIMATE: $435,000 to $535,000 BID SUMMARY BIDDERS TOTAL BID RLH Investments, LLC $469,000 Chalmette, LA 70043 Industrial & Crane Services, Inc. $603,000 Pascagoula, MS 39581 Lou Con, Inc. $780,000 Meraux, LA 70075 CONTRACT TIME: BID DISCREPANCIES: 20 calendar days for each crane None RECOMMENDED ACTION: Investments, LLC. Award the contract in the amount of $469,000 to RLH
ITEM B Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Enter into a Contract with Modjeski and Masters, Inc., for Engineering and Inspection Services for Repairs to the Seabrook Bridge (Ms. Dunn). This resolution will authorize the Board s President and Chief Executive Officer to enter into a professional services contract at a cost not exceeding $500,000 with Modjeski and Masters, Inc., for repairs to the Seabrook Bridge. FUNDING SOURCE: Board s FY 2015/16 Capital Improvement Program CONTRACT ESTIMATE: $500,000 RFP SUMMARY: 1. Modjeski and Masters, Inc. 2. HNTB Corporation 3. AECOM Technical Services 4. Volkert CONTRACT TIME: one year CONSULTANT SELECTION COMMITTEE MEMBERS Catherine Dunn Chris Bonura William Cromartie Ryan Bylsma Randy Songy RECOMMENDED ACTION: Award the not-to exceed contract in the amount of $500,000 to Modjeski and Masters, Inc. PROJECT MANAGER: Randy Songy RESOLUTION IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS that its President and Chief Executive Officer Gary P. LaGrange be, and he is, hereby authorized and empowered on behalf of this Board to enter into a services contract with Modjeski and Masters, Inc., for a fee not to exceed $500,000 for engineering and inspection services for repairs to the Seabrook Bridge; and IT IS HEREBY FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, hereby authorized to execute all documents and to take all further action as he in
his discretion may deem necessary or required in the best interests of this Board to give full force and effect to the intentions expressed in this resolution. ITEM C Consider Approval of a Resolution Adopting the Trash Free Waters Policy and Program Commitment for the Board of Commissioners of the Port of New Orleans (Ms. Dunn) In collaboration with U.S. EPA, port tenants and community stakeholders, Board Environmental Services is working to address the universal issue of trash, litter and debris and to prevent it from reaching our waterways. - We are voluntarily working with EPA to come up with innovative solutions to the ageold issue of litter and trash. - DEQ is also playing a big role in this, and are recognizing the Port for leadership in this critical area of storm water management at the March 25 Environmental Leadership Awards Ceremony. - Our pilot project is one of seven Trash Free Waters projects that EPA is supporting in the Gulf Region, and the only port project nationally. We hope to create solutions that can be a model for other seaports. Program Commitments 1. Evaluate and measure progress 2. Develop outreach and education strategies 3. Enhance technology and innovation 4. Encourage information sharing 5. Do our part to clean up the Port Participating Stakeholders Southern Recycling Coastal Cargo Ports America New Orleans Terminal Audubon Aquarium Regional Planning Commission LA DEQ Sewerage and Water Board City of New Orleans Jefferson Parish UNO, Nicholls State Lake Pontchartrain Basin Foundation
RESOLUTION IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS that it adopts the following as its Trash Free Waters Policy and Program Commitment effectively immediately: Board of Commissioners of the Port of New Orleans Trash Free Waters Policy & Program Commitment Effective March 30, 2015 In December, 2014, the Board of Commissioners of the Port of New Orleans (Board) began a pilot project as part of the U.S. Environmental Protection Agency s (EPA) National Trash Free Waters (TFW) Program. This ongoing, stakeholder-driven program is aimed at reducing and preventing trash, litter, and debris from entering inland waterways, coastal waters, and oceans. As part of the TFW Regional Gulf of Mexico Strategy, a project was undertaken to reduce litter and debris on port property, and prevent that litter and debris from ultimately entering the Mississippi River and the Gulf of Mexico. EPA s National TFW program is an excellent match for the Board s long history of environmental protection, evidenced in the Board s 2004 Environmental Policy addressing pollution prevention, education and training, and continuous improvements. The Board s TFW Policy aligns with these aforementioned Board commitments as well as our Environmental Management System approach to continuous environmental improvement through compliance, collaboration, and accountability. The Importance of Trash Free Waters to the Port of New Orleans Litter and aquatic trash are universal issues which are not unique to the Port, the State of Louisiana, or the Gulf of Mexico region. Millions of tons of litter flow through the Mississippi River watershed annually into the Gulf of Mexico. While difficult to calculate actual amounts, state and local government agencies spend over $40 million per year to clean up litter in Louisiana. At the Port alone, our employees spend more 800 labor hours per year picking up litter from roadways, shorelines, and property grounds. That amount of labor hours is equivalent to more than $30,000 in preventable labor costs and does not account for the much larger costs associated with debris removal and disposal for illegally
dumped bulk materials (e.g., mattresses, furniture, tires), none of which are a result of routine Port operations. Trash and debris in our waterways impact people, the economy, and the environment a true sustainability issue that has many potential solutions. While the Board s employees, tenants and operators are not the generators of all trash in local waterways, we can do our part to clean up and prevent aquatic trash within the Board s jurisdiction and to promote good stewardship beyond our property lines. Although state, municipal and port ordinances already address littering from a regulatory and enforcement perspective, the Board is seeking solutions beyond fines and citations. As such, the Board wants to engage its stakeholders and create positive changes for the port and the surrounding communities as we collectively identify actions to reduce the litter and aquatic trash in and along port properties and surrounding waters. A Collaborative Approach The issue of litter and aquatic trash cannot be solved by the Board alone nor can the Board take responsibility for the actions of others. As the landowner and property manager for more than 25 miles of waterfront development, the Board can convene its tenants and operators with outside experts, agencies and institutions to facilitate collaborative problem-solving. The collective efforts of many organizations both within and outside the Board s jurisdiction, combined with a sense of shared responsibility to the public and our environment, is what will make progress possible. Measures and Actions The Board will continue to collaborate with port tenants, operators, regulatory agencies, and community stakeholder groups to develop solutions and collaborate on implementing the following initial measures and actions: Evaluate and measure progress: To the extent possible, the Board will seek existing data to develop a baseline to measure progress. This includes identifying locations and characterizing current hot spots for litter and debris accumulation to help target collective efforts, and monitoring progress. Develop outreach and education strategies: The Board will develop a communications and awareness building campaign targeting port employees, customers, and businesses. The
messaging will be tested within the Port community to ensure it has local appeal and impact. Enhance technology and innovation: Sometimes the best answers are the simplest like making trash receptacles available and accessible where needed. The Board is researching existing and new technologies for potential application to prevent trash and debris from entering the waterways and to remove water-based debris. Potential technology options include, but are not limited to, storm drain protective devices, water-side trash collection vessels, and various types and placements of trash receptacles. Encourage information sharing: In response to requests from port tenants and operators, the Board will determine the most effective means of providing information to other port organizations to help address issues of litter and debris at their facilities. Do our part: The Board will continue to conduct employee training and host clean-up events to do our part to keep the port and its waterways trash free. Progress can be measured by comparing existing conditions to data collected after the above TFW actions are completed and monitored. Measures of success may include, but are not limited to, the reduction of litter and aquatic trash in hot spot areas, reduction in Board labor hours dedicated to litter removal, and enhanced awareness of the issue of litter and aquatic trash within the port community. The Board s Commitment to Progress The Board appreciates the outstanding commitment of the EPA, the Louisiana Department of Environmental Quality, port tenants and operators, municipal agencies, community organizations, and port employees toward developing trash-free water strategies that can improve water quality and be replicated in other port communities. The Board remains committed to demonstrating positive outcomes in collaboration with stakeholders and will evaluate and report progress towards Trash Free Waters and other environmental goals on an annual basis as part of the Board s Environmental Management System. IT IS HEREBY FURTHER RESOLVED BY THIS BOARD that its President and Chief Executive Officer Gary P. LaGrange be, and he is, hereby authorized and empowered on behalf of this Board to execute such documents and take all such actions as he may deem necessary in his discretion to give full force and effect to the intentions of this resolution
and to revise and amend this policy and program commitment as necessary in the future in his discretion. ITEM D Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Enter into an Amendment to the Contract with Manning Architects, APAC, for the Poland Avenue Cruise Terminal Project. (Ms. Dunn) FUNDING SOURCE: Board s FY 2015/16 Capital Improvement Program DESIGNER: MANNING ARCHITECTS, APAC DESIGN OF PHASES 3, 4A, AND 5 CURRENT CONTRACT: $2,045,460 SUMMARY: Amendment to the original contract scope to include professional services for the following three items: 1. Furnishings, Fixtures, & Equipment (FF&E) Planning NTE $ 55,590.00 (excludes construction administration) 2. Passenger Boarding Bridge (PBB) Planning NTE $108,810.00 (excludes construction administration) 3. six total cruise line presentations/meetings NTE $ 24,100.00 TOTAL NTE $188,500.00 RECOMMENDED ACTION: Enter into Amendment No. 1 to the contract with Manning Architects, APAC, in the not-to-exceed amount of $188,500. PROJECT MANAGER: Andree Fant RESOLUTION IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS PORT OF NEW ORLEANS that its President and Chief Executive Officer Gary P. LaGrange be, and he is, hereby authorized and empowered on behalf of this Board to enter into an amendment to the Board's professional services contract with Manning Architects, APAC, for an amount not to exceed $188,500 for additional professional engineering services for the Poland Avenue Cruise Terminal Project; and IT IS FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, hereby authorized and empowered on behalf of this Board to execute all documents and to
take all other and further action as he in his discretion may deem necessary in the best interest of this Board to give full force and effect to the intentions expressed in this resolution. ITEM E Consider Approval of a Resolution Awarding a Contract to Dredging Supply Company, Inc., to Purchase A Replacement Spare Cutter Drive Assembly for the Dredge Edward S. Ned Reed (Mr. Zimmermann) This contract in the amount of $166,715 to Dredging Supply Company, Inc., is for the manufacture of one replacement spare cutter drive assembly for the Dredge Edward S. Ned Reed. BIDDER PRICE Dredging Supply Company, Inc. $166,715 156 Airport Road Reserve, LA 70084 Dredging Supply Company, Inc., is a sole source manufacturer of this cutter drive assembly spare part, which is proprietary. ITEM F Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Amend the Zone Schedule for Foreign Trade Zone No. 2 to Remove the Board s Ability to Waive Any Portion of Foreign Trade Zone Related Fees or Charges. (Mr. Ethridge) DOCUMENT: Foreign Trade Zone No. 2 Zone Schedule (Effective February 28, 2014) BACKGROUND: The Zone Schedule contains a provision under which the Board, as Grantee of Foreign Trade Zone No. 2, may make a decision to waive any such rate or charge in whole or in part. The Foreign Trade Zones Board wrote a letter asking the Board to remove the waiver provision because it could be inconsistent with the requirement for each grantee to afford uniform treatment under like conditions. Therefore, staff recommends revising the Zone Schedule to omit the language to comply with the Foreign Trade Zones Board s request. RESOLUTION
IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS that its President and Chief Executive Officer Gary P. LaGrange be, and he is, hereby authorized and empowered on behalf of this Board to amend the Zone Schedule for Foreign Trade Zone No. 2 to remove the Board s ability to waive any portion of Foreign Trade Zone-related fees or charges; and IT IS FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, hereby authorized to take such actions, enter into such agreements and execute such documents as are deemed necessary in his discretion to give full effect to the intentions expressed in this resolution. ITEM G Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Amend the Lease with Seabrook Marine, LLC, to Expand the Limitation of Use Provision and to Consent to a Sublease between Seabrook Marine, LLC, and Norsafe Marine & Offshore Services, LLC. (Mr. Ethridge) DOCUMENTS: Lease Amendment and Consent to a Sublease PARTIES: Seabrook Marine, LLC, and Norsafe Marine & Offshore Services, LLC LOCATION: 5801 France Road, Norsafe Marine & Offshore Services, LLC PREMSIES: Total 12.48 acres of Board-owned property; approximately 0.5 to be sublet OPERATION: The property is currently leased as a marina and vessel repair facility for pleasure craft. This tenth amendment would expand the limitation of operations so that repairs could also be done on commercial boats and to allow for operation of a lifeboat and maritime safety training school to be conducted on site. Additionally, staff is seeking approval for the President and CEO to consent to Seabrook s sublease to Norsafe for the maritime safety training school. SUBLEASE TERM: Three-year primary term, with three options of three years each RENT/BOARD REVENUE: Lease: $117,801.41 annually Additional revenue from sublease: $ 12,000.00 annually RESOLUTION IT IS HEREBY RESOLVED BY THE BOARD OF COMMISSIONERS OF THE PORT OF NEW ORLEANS that its President and Chief Executive Officer Gary P. LaGrange be, and
he is, hereby authorized and empowered on behalf of this Board to amend the lease with Seabrook Marine, LLC (Seabrook), to expand the limitation of use provision to allow Seabrook to paint, repair, and maintain commercial boats as well as pleasure boats on the leased premises and to allow a lifeboat and maritime safety training school to operate on the leased premises; and further to consent to a sublease between Seabrook and Norsafe Marine & Offshore Services, LLC, under such terms and conditions as the said Gary P. LaGrange may in his discretion determine to be in the best interests of this Board and not inconsistent with the foregoing; and IT IS FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, hereby authorized to take such actions, enter into such agreements and execute such documents as are deemed necessary in his discretion to give full effect to the intentions expressed in this resolution. ITEM H Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Enter into a Cooperative Endeavor Agreement with the Louisiana Department of Economic Development, the State of Louisiana, Division of Administration, Viking USA LLC, and Any Other Necessary Entity for the Commencement of Viking River Cruises Operations in the Port of New Orleans (Mr. Allee) This resolution is necessary because, since last month's Board action, negotiations have continued among the parties, and the New Orleans Steamboat Company has asked to be removed as a party to the CEA being drafted. The State DOA and LED agreed. This makes no difference to the Port's position in the agreement. Staff requests this broad authority because it is possible that, as negotiations continue, some other entity (public or private) may become a party to the CEA, and without this authority to the President and CEO, execution of the CEA might have to wait until the next regular Board meeting or a special meeting for the sole purpose of approving a resolution like this one would have to be called. The parties actively negotiating the CEA have agreed to suspend discussions until Viking and LED can talk to some of the other entities necessary to make the agreement viable and will reconvene in a conference call on Tuesday, March 31, 2015. Major points yet to be resolved: 1) Viking's desire to expand its base for homeport and headquarters to any place in Louisiana versus specifically in New Orleans 2) Force Majeure (The State is concerned about repayment of state funds if Viking does not perform.) (not a Port issue)
3) Viking wants the right to sue the Port if the Port cannot accomplish its commitments under the CEA. 4) Timing of CEA execution. The State and the Port agreed to allow Viking until March 31st to negotiate with other parties. (not a Port issue) Staff will provide further information at the committee meeting. RESOLUTION IT IS HEREBY AUTHORIZED BY THE BOARD OF COMMISIONERS OF THE PORT OF NEW ORLEANS that its President and Chief Executive Officer be, and he is, hereby authorized and empowered on behalf of this Board to enter into a cooperative endeavor agreement with the Louisiana Department of Economic Development, the State of Louisiana, Division of Administration, Viking USA LLC, and any other entity necessary for the commencement of Viking River Cruises operations in the Port of New Orleans; and IT IS HEREBY FURTHER RESOLVED BY THIS BOARD that its resolution taken at its February 26, 2015, regular meeting authorizing its President and Chief Executive Officer to enter into a cooperative endeavor agreement with the abovelisted parties and the New Orleans Steamboat Company be, and it is, hereby rescinded; and IT IS HEREBY FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, further hereby authorized and empowered on behalf of this Board to take all such actions as necessary in his discretion to give full force and effect to the intentions expressed in this resolution. ITEM I Consider Approval of a Resolution Authorizing the President and Chief Executive Officer to Enter into a Contract with The Global Event Team, LLC, for Event Planning Services Necessary for the Port of New Orleans to Host the 2016 American Association of Port Authorities Annual Conference (Mr. Gresham) This contract is for all event planning services necessary for the Port of New Orleans to serve as the host for the 2016 AAPA Annual Conference in New Orleans. This company, while working with some staff of the Port, will manage the entire process, including, but not limited to registration, contract negotiations, event planning, revenue collection and auditing of services rendered by all vendors, at a cost of $105,000. For the sponsorships which The Global Event
Team (GET) solicits for the Board, it will receive an additional 8% of funds collected. The total cost of the annual conference is at this time estimated to be approximately $1.2 million. That number will be reduced by registration fees and any sponsorship funding collected. This firm was recommended by the AAPA as GET has handled the past four AAPA annual conferences. RESOLUTION IT IS HEREBY AUTHORIZED BY THE BOARD OF COMMISIONERS OF THE PORT OF NEW ORLEANS that its President and Chief Executive Officer be, and he is, hereby authorized and empowered on behalf of this Board to enter into a contract with The Global Event Team, LLC, for event planning services necessary for the Port of New Orleans to host the 2016 American Association of Port Authorities Annual Conference; and IT IS HEREBY FURTHER RESOLVED BY THIS BOARD that the said Gary P. LaGrange be, and he is, further hereby authorized and empowered on behalf of this Board to expend such funds, enter into all such agreements and take all such actions as necessary in his discretion to give full force and effect to the intentions expressed in this resolution.