HomeMy WebLinkAboutRes1993-158
.
.
.
Sponsored by: Murphy
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-158
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, REPEALING THE SMALL BOAT HARBOR
TARIFF, THE GENERAL TERMINAL TARIFF AND THE SHIPLIFf
TARIFF AND ADOPTING THE PORT AND HARBOR TARIFF
WHEREAS, the city of Seward currently has in place three different harbor tariffs;
and
WHEREAS, it is in the public interest to consolidate the three tariffs in order to
make it easier for both the public and the city staff access information regarding harbor
regulations, rates and charges and to avoid both duplication of efforts and the possibility
of inconsistent policies for our various harbor facilities; and
WHEREAS, the Federal Maritime Commission has advised the city of Seward that
it will no longer accept tariff filings in paper form; and
WHEREAS, the contractor who will be processing all future electronic filings of
the city's tariffs has indicated a reluctance to file three separate tariffs for the Port of
Seward and has recommended that these tariffs be consolidated prior to the initial
electronic filing later this month; and
WHEREAS, this consolidation will result in a substantial cost savings to the city
when the tariff is filed electronically; and
WHEREAS, a review of the three tariffs has revealed several inconsistencies which
have been corrected in the new, consolidated tariff;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA, that:
Section 1. The Small Boat Harbor Tariff, the General Terminal Tariff and the
Shiplift Tariff are REPEALED as of Midnight, December 31,1993.
Section 2. The Port and Harbor Tariff, a copy of which is attached and
incorporated herein by reference, is hereby ADOPTED and shall take effect January 1,
1994.
Section 3. This resolution shall take effect immediately upon its adoption.
.
.
.
CITY OF SEWARD, ALASKA
RESOLUTION NO. 93-158
PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this
4th day of November, 1993.
AYES:
NOES:
ABSENT:
ABSTAIN:
A TIEST:
THE CITY OF SEWARD, ALASKA
V\ ,.~ C~
~V.J_
Dave W. Crane, Mayor
Anderson, Bencardino, Crane, Darling, Krasnansky, O'Brien, Sieminski
None
None
None
APPROVED AS TO FORM:
Wohlforth, Argetsinger, Johnson &
Brecht, Attorneys for the city of Seward,
Alaska
~F~
-P~0-~~) t(
Linda S. Murphy, CMC/AAE
City Clerk
(City Seal)
City Attorney
.
.
.
TITI..B PAGE
CITY OF SEWARD
PORT AND HARBOR TARIFF
Naming
Rules, Rates, Charges and Regulations
for
City of Seward
Small Boat Harbor
Seward Marine Industrial Center
Shiplift System
City Docks and Terminal Facilities
Located at
Seward, Alaska
Issued by
City of Seward
PO Box 167
Seward, Alaska 99664
Original Title Page
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 1
CHECK SHEET FOR TARIFF REVISIONS
Changes in this tariff will be supplied from time to time in loose leaf fonn. Upon receipt of
revised or additional pages, the amendment number appearing at the bottom left margin of each
such amended page should be checked off against the amendment number listed below. Requests
for missing pages or additional copies of the tariff may be directed to the Seward City Clerk.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 1
TABLE OF CONTENTS
Subsection
Title
Pue No.
Check Sheet for Tariff Revisions ...................... 1
Table of Contents ............................... 2
Abbreviations Which Appear In Tariff . . . . . . . . . . . . . . . . . . . 4
Notice to Public ................................ 5
SECTION I - GENERAL RULES AND REGULATIONS
100 Deftnitions............................................. 6
105 Application of Tariff . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8
110 Application of Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
115 Insurance............................................. 11
120 Responsibility for Charges, Collection
and Guarantee of Charge ................................... 12
125 Liability for loss or Damage and Indemnity ....................... 14
130 Rights of the City of Seward. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
135 Requests and Complaints ................................... 21
140 Delays - No Waiver of Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
145 Manifests Required of Vessels . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 23
150 Safety, Sanitation and Housekeeping ............................ 24
155 Responsibility for Property Damage ............................ 26
160 Bulk Petroleum Products ................................... 27
SECTION n - DEFINITIONS AND CHARGES
200 Berthing ............................................. 28
205 Berthing Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 31
210 Dockage............................................. 34
215 Dockage Rates ......................................... 39
220 Handling, Loading and Unloading ............................. 41
225 Labor and Service Charges . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42
230 Passenger Fees ......................................... 46
235 Search and Rescue Fees . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 47
240 50-Ton Travelift ........................................ 48
245 50-Ton Travelift Fees ..................................... 50
250 250- Ton Travelift ....................................... 51
255 250- Ton Travelift Fees .................................... 53
260 Shiplift Fee ........................................... 54
Original Tariff
city of Seward, Alaska
FJfective Date: 01101194
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 1.
265 Daily Shiplift Lay Charge . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 59
270 Upland Storage ......................................... 60
275 Tidal Grid ............................................ 62
280 Wharfage ............................................ 63
285 Wharfage Rates . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 64
290 Wharf Demurrage ....................................... 66
ATTACHMENTS
A. Vessel Berthing Application ................................. 69
B. Supplement to Vessel Berthing Application ........................ 70
C. Request for Penn anent Mooring .............................. 72
D. Request for Transient Mooring ............................... 74
E. Boat Lift Use Agreement . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 76
F. Vessel Shiplift Use Application ............................... 77
G. Supplement to Vessel Shiplift Use Application . . . . . . . . . . . . . . . . . . . . . . 78
H. SMIC Shiplift System Use Permit ............................. 80
I. Tenninal Use Permit ..................................... 86
J. Prepayment Agreement .................................... 98
OrigifUJ! Tariff
City of Seward, Alaska
EffectiW! Date: 01/01/94
PORT & HARBOR TARIFF
B.M.
Bbl.
Bdl.
Crt.
Cs.
Ctn.
CU.Ft.
Ea.
F.F.
F.M.C.
Gals.
Hdlg.
Inc.
L.C.L.
Ldg.
Lgth.
M.B.M.
Meas.
Min.
Misc.
M.T.
No.
N.a.S.
Pkg.
Sq.Ft.
Stg.
U.S.
W.T.
W!M
Yd.
ORIGINAL PAGE ~
EXPLANATION OF ABBREVIATIONS AND CHARACTERS
WHICH MAY APPEAR IN TARIFF
Board Measure
Barrel
Bundle
Crate
Case
Carton
Cubic Foot or Feet
Each
Folded Flat
Federal Maritime Commission
Gallons
Handling
Including, Inclusive or Incorporated
Less Than Carload
Loading
Length
1,000 Ft. Board Measure
Measure
Minimum
Miscellaneous
Cubic Ton
Number
Not Otherwise Specified Herein
Package
Square Foot or Feet
Storage
United States of America
Weight Ton of 2,000 Pounds
Weight Ton of 2,000 Pounds or Cubic Ton of 40 Cubic Feet
Yard
Original Tariff
City of Seward, Alaska
EffecnW! Date: 01101/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE S.
NOTICE TO PUBLIC
This tariff is published and fIled as required by law and is, therefore, notice to the public,
shippers, consignees and carriers that the rates, roles and charges apply to all traffic for which
contract rates have not been arranged.
In addition to this Port and Harbor Tariff, the public, shippers, consignees and carriers
using city of Seward facilities should consult and be aware that the city of Seward Code of
Ordinances, including but not limited to Chapter 9.15 (Fire Prevention and the Uniform Fire
Code), Title 14 (Utilities, including Garbage, Refuse, Water, Electricity and Sewage) and
Chapter 7.10 (ports and Harbors), all as amended, apply and govern where not specifically
provided otherwise in this tariff.
Original Tariff
City of Seward. Alaska
Effective Dare: 01101194
.
.
Section I
General Rules and Regulations
.
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
DEFINITIONS - GENERAL
(a) GENERALLY:
Unless provided otherwise in this tariff, applicable defInitions set forth in
46 C.F.R. ~ 515.6 shall control.
(b) CITY DOCKS
The city docks of the City of Seward include all docks, floats, slips,
wharves, ramps, piers, bulkheads, dolphins and sea walls owned or
operated by the City of Seward.
(c) FLOAT; FLOAT SYSTEM
Those portions of the City docks located within the Small Boat Harbor
that rise and fall with the tide, including the pilings, ramps, ladders and
utility connections.
(d) HOlIDAYS
In this tariff, whenever reference is made to holidays, the following days
are included: New Year's Day, President's Day, Seward's Day,
Memorial Day, Independence Day, Labor Day, Alaska Day, Veterans
Day, Thanksgiving Day, the day immediately following Thanksgiving
Day, one-half of the working day immediately preceding Christmas Day,
and Christmas Day. When a holiday falls on a Saturday, the preceding
Friday shall be considered a holiday and, when a holiday falls on a
Sunday, the following Monday will be considered a holiday for the
purposes of this tariff.
(e) PERMIT HOLDER:
A person or business that has a valid shiplift system permit issued by the
City of Seward in the fonn set forth in Attachment "H" of this tariff.
Subsection
100
Original Tariff
City of Seward, Alaska
Effective Date: 01101194
PORT & HARBOR T.A.RIFF
ORIGINAL PAGE Z
Subsection
100
(t) POINT OF REST
Point of rest is defmed as that area on the terminal facility which is
assigned for the receipt of inbound cargo from the vessel and from which
inbound cargo may be delivered to the consignee and that area which is
assigned for the receipt of outbound cargo from shippers for vessel
loading.
(g) PORT OF SEWARD DEFINED
The Port of Seward comprises the Small Boat Harbor, the Shiplift System
and all city docks and terminal facilities located within the corporate limits
of the City of Seward.
(h) SUP
A berthing location within the float system of the Small Boat Harbor. A
slip does not include the float or fmger of the float, but only the spaces
between or adjacent to it.
(i) SHIPLIFr SYSTEM
The shiplift located at the Seward Marine Industrial Center and the
adjacent rail side transfer system.
(j) TERMINAL FAClll11ES
Tenninal facilities include all city docks and associated equipment,
offices, warehouses, storage space, roads, paved areas, water banks and
shorelines under the management and control of the City of Seward.
(k) VESSEL DEFINED
In this tariff, whenever reference is made to a "vessel", the tenn shall
mean any ship or barge, self-propelled or other than self-propelled.
Original Tariff
City of Seward, AIaskiJ
FJfeClive Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
APPLICATION OF TARIFF
(a)
GENERAL APPUCATION OF TARIFF:
Rates, charges, rules and regulations provided in this tariff will apply only
to persons and vessels using certain tenninal facilities under the jurisdic-
tion and control of the City of Seward, merchandise received at or shipped
from the facilities or properties operated under the jurisdiction and control
of the City of Seward, and specifically to municipal docks, structures
appurtenant thereto and waterways under the management of the City of
Seward. The rates, charges, rules and regulations herein may apply to the
Seward Small Boat Harbor, the harbor bounded by the rubble breakwater
at the northwestern head of Resurrection Bay (Small Boat Harbor); the
Seward Marine Industrial Center (SMIC), including yards, basin, docks,
dolphins, 250 ton travelift, and shiplift platfonn; and any other tenninal
facilities under the jurisdiction and control of the City of Seward. Special
tenns and conditions exist for the Fourth Avenue Dock operations by the
State of Alaska, Alaska Marine Highway System for operations of the
State Ferry System.
(b)
TARIFF EFFECTIVE:
Rates, charges, rules and regulations named in this tariff and any
additions, revisions, or supplements thereto shall apply to all vessels or
users and to all freight received at facilities subject to this tariff on and
after revisions, or supplements thereto. Unless otherwise specified all
transit freight received at tenninals and undelivered prior to effective dates
of tariff, revisions, or supplements thereto, shall be charged the rates in
effect on the date such freight was received until entire lot or shipment has
been withdrawn.
(c) ACCEPI'ANCE OF TARIFF:
Use of the docks and tenninal facilities of the City of Seward shall be
deemed an acceptance of this tariff and the tenns and conditions named
herein.
Subsection
105
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PA.GE 2
Subsection
105
(d) RESERVATION OF AGREEMENT RIGHTS:
Right is reserved by the City of Seward to enter into agreement with
carriers, shippers, consignees and/or their agents concerning rates and
services, providing such agreements are consistent with existing local,
state and federal law governing the civil and business relations of all
parties concerned.
(e) COMPliANCE WITH CONDmONS OF DOCKING AND FACILITY
USE:
Use of City docks and terminal facilities and the acceptance of services
shall comply with any additional Conditions of Docking and Facility Use
set forth in Section ill contained herein. Only those operators who have
a valid shiplift system use pennit shall have access to the shiplift system.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 112
APPLICATION OF RATES
(a) Except as otherwise provided herein, rates apply per 2,000 lbs., or per 40
cubic feet as rated by ocean carrier, or per 1,000 feet board measure, or
42 gallons per barrel of bulk petroleum products corrected to 60 degrees
F. net, or 376 lbs. per barrel of bulk cement.
(b) Rates provided for commodities herein are specific and may not be applied
by analogy. If rates are not provided for specific commodities, rates to
be applied are those established for "Freight N.O.S."
Subsection
110
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 11
Subsection
115
INSURANCE
Rates named in this tariff do not include insurance of any kind. The City of
Seward shall be under no obligation to provide any insurance of any type for any
vessel, cargo, or liability arising out of use of the City docks, shiplift system, or
terminal facilities. If the City does acquire any such insurance, the charges for
that insurance shall be in addition to fees described in this tariff.
Original Tariff
City of Seward, Alaska
Effective Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 12
Subsection
120
RESPONsmILITY FOR COLLECTION AND GlJARANTF.F. OF CHARGE
(a) RESPONSmIIlTY FOR CHARGES:
The vessel, its owner or agents, shippers or consignees, owner of the
cargo on the vessel, and, in the case of shiplift operation, the pennit
holder shall be jointly and severally responsible for payment of charges
named herein and such payment responsibility applies without regard to
the provisions of bills of lading, charter party agreements, vessel repair,
contracts or other conflicting provisions.
(b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPI'ABLE SECURI-
TY, REFUND OF EXCESS:
All charges for services rendered by the City of Seward for the use of
docks, shiplift and other terminal facilities are due and payable in ~ in
advance of such services or use, as follows:
(1)
For all charges attributable to the vessel from its owners or agents
before a vessel commences its loading or discharging.
(2) For all charges attributable to the vessel from the pennit holder
before a vessel enters the shiplift system.
(3) For all charges attributable to the cargo from a vessel owner,
charterer, shipper or consignee before the cargo leaves the City
docks or tenninal facilities.
(4) For all charges on perishable goods or freight of doubtful value or
household goods.
A cash deposit or acceptable security in an amount equal to 125 % of the
estimated applicable charges shall be required to be posted with the City
of Seward six days prior to the vessel's scheduled arrival, or at such other
time as may be authorized or directed by the Harbonnaster, but in all
cases in advance of actual services rendered. Wherever a cash deposit has
been posted, any excess thereof, after satisfaction of all applicable
tenninal charges, shall be promptly refunded by the City of Seward to the
posting party.
Original Tariff
city of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 11
Subsection
120
(c) WAIVER OF PREPAYMENT REQUIREMENT:
The Harbonnaster, in his sole discretion, may waive the cash-in-advance
requirement as to all or any category or categories of anticipated charges
when the party responsible for such charges has been identified to the
satisfaction of the Harbonnaster and
(1) That party responsible has established credit worthiness acceptable
to the Harbonnaster; or
(2) The pennit holder has established credit worthiness acceptable to
the Harbonnaster; or
(3) Adequate security, acceptable to the Harbonnaster, has been
posted; or
(4) The agent requesting tenninal services or use or any other entity
acceptable to the Harbonnaster as credit worthy has personally
accepted fmancial responsibility for the applicable charges.
The City of Seward retains the right, in its sole discretion, to determine
whether a responsible party or an agent is credit worthy, and to waive the
cash-in-advance requirement. The City may establish guidelines for
detennining whether a responsible party or an agent is credit worthy.
Compliance with these guidelines does not create a right to waiver of the
cash-in-advance requirement.
(d) CHARGES ON DEllNQUENT ACCOUNTS:
All invoices, except for damages to City of Seward property, will be
declared delinquent sixty days after the date of the invoice and will be
charged interest at the rate of 10.5 % per annum. All extra expenses,
including legal expenses, litigation costs, or costs of agents employed to
effect collection shall also be assessed to, and payable by such accounts.
Original Tariff
City of Seward, Alaska
Effectiw! Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PA.GE 14
LIABll...ITY FOR LOSS OR DAMAGE AND INDEMNITY
(a) RESPONSmlUTY LIMITED:
Generally:
No persons other than employees of the holders of authorized tenninal use
permits shall be permitted to perfonn any services on the wharves or
docks, or in any other terminal facility of the City of Seward, except upon
written authorization of the Harbonnaster. No persons other than
employees of the holders of authorized shiplift system permits shall be
pennitted to perfonn any services on the shiplift system. Permit holders
shall be required to obtain any necessary terminal use permits prior to
performing any services on any other terminal facility of the City of
Seward, except upon written authorization of the Harbonnaster. The City
of Seward, its employees and agents shall not be liable for the injury of
persons on the City docks, shiplift system, or tenninal facilities, nor shall
they be liable for any loss, damage, or theft occasioned by such persons'
presence on the City docks, ship1ift system, or terminal facilities, except
that the City of Seward shall be liable for any portion of loss or damage
that is directly caused by its own negligence.
The City of Seward, its employees and agents are not responsible for loss
or damage caused by ftre, frost, heat, dampness, leakage, weather
damage, evaporation, natural shrinkage, wastage or decay; animals, rats,
mice or other rodents; moths, weevils or other insects; leakage or
discharge from rue protection systems; collapse of buildings or structures;
breakdown of plant protection systems; breakdown of plant or machinery
or equipment; or by floats, logs, piling or camel logs required in breasting
vessels away from a wharf; nor will they be answerable for any loss or
damage or delay arising from insurrection, shortage of labor, combina-
tions, riots or strikes of any persons in their employ or in the service of
others, or from any consequences arising therefrom, except that the City
of Seward shall be liable for any portion of loss or damage that is directly
caused by its own negligence.
Subsection
125
Original Tariff
City of Seward. Alaska
Effective Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PA.GE ll.
Subsection
125
Shiplift System: The City of Seward, its employees and agents make no
representations or warranties that the shiplift system is adequate or
sufficient for any particular vessel. Further, the City of Seward, by
requiring that only holders of shiplift permits be authorized to utilize the
shiplift system, makes no representations or warranties of any kind that
the work, operation, materials, design or other aspects of the work
perfonned or contracted to be perfonned by such a permit holder is of
good and workmanlike quality, or in confonnance with industry standards.
Vessel owners are advised that the City of Seward is not responsible for
and specifically disclaims any liability for work perfonned or contracted
to be perfonned by a permit holder, except for those damages caused by
the City's own negligence.
The City's inspection, if any, of vessels and placement on cradle systems
is done solely for the purpose of protecting the City's interest and
investment in the shiplift system and should not be constnJed as an
acceptance of any responsibility to inspect or to inspect in any particular
manner.
(b) INDEMNITY:
Each user, permit holder, vessel, vessel owner and its agents, shippers or
consignees shall indemnify and hold harmless the City of Seward against
any and all claims arising from any breach or default in perfonnance of
any obligation to such parties to be perfonned under the tenns of this
tariff or arising from any act or omission of said parties for all costs,
attorneys' fees, expenses, and liabilities incurred in the defense of any
such claim, action or proceeding brought against the City of Seward
except only for those caused by the City's own negligence.
Original Tariff
City of Seward, Alaska
FJfecnve Date: 01101/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE M
(c) OWNER'S RISK
All of the following shall be at the owner's risk except for those damages
caused by the City's own negligence:
(1) Glass, liquids and fragile articles will be accepted only at owner's
risk for breakage, leakage or chafmg.
(2) Freight on open ground is at owner's risk for loss or damage.
(3) Freight subject to freezing will be accepted only at owner's risk.
(4) All water craft, if an when permitted by the Harbormaster or his
authorized agent to be moored at wharves or alongside of vessels,
are at owner's risk for loss or damage.
(5)
Any vessel utilizing the shiplift system is at owner's risk. for loss
or damage.
Subsection
125
Original Tariff
City of Seward, Alaska
Effective Dale: 01101/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 17.
Subsection
130
RIGHTS OF THE CITY OF SEWARD
Without in any way limiting the general authority of the City of Seward, the City
shall have the following powers:
(a) ACCESS TO HARBOR OR PORT FACillTIES:
The City shall at all times have the right to refuse access to any City dock
or tenninal facility by any person or vessel or to remove any vessel,
person or cargo at any time from any City dock or terminal facility,
including the shiplift system. This right shall be reserved at all times to
the City without responsibility for demurrage, loss or damage when:
(1) Previous arrangements for use, space, receiving or unloading have
not been made with the Harbormaster;
(2) The vessel is unsafe or hazardous and may pose a risk to life or
property;
(3) The value of the vessel, in the opinion of the Harbormaster, is less
than the probable service charges and other charges related to its
use of the City dock or tenninal facilities;
(4) During periods of congestion, or in cases of emergency, when, in
the judgment of the Harbormaster, the circumstances then
prevailing or likely to occur will prevent the City dock or terminal
facilities, or any portion of them, from providing customary
services to the public.
(b) RIGHT TO REFUSE CARGO:
In his discretion, the Harbormaster shall at all times have the right to
refuse to accept, receive or unload, or permit a vessel to discharge:
(1) Cargo for which previous arrangements for space, receiving,
unloading or handling have not been made with the Harbormaster
by shipper, consignee or vessel.
(2) Cargo not suitably packed for safe transportation.
Original Tariff
City of Seward, Alaska
Effeaillf! Dale: 01101194
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
(3) Cargo deemed by the Harbonnaster, in the reasonable exercise of
his discretion, to be offensive, perishable or hazardous. Hazard-
ous cargo must have been prepared for shipment in accordance
with the applicable Department of Transportation regulations
(including 49 CPR Parts 171-179).
(4) Cargo, the value of which may, in the opinion of the Harbor-
master, be less than the probable service charges and other charges
related to it.
(5) Cargo, during a period of congestion, or in cases of emergency,
when, in the judgment of the Harbonnaster, the circumstances then
prevailing or likely to occur will prevent the City docks or
tenninal facilities, or any portion of them, from providing
customary service to the public.
(c)
RIGHT TO SCHEDULE VESSELS AND CARGO:
In his discretion, the Harbonnaster shall at all times have the right to
schedule access to any harbor or port facility by person or vessel or to
remove any vessel, person or cargo at any time from any City dock or
genninal facility, including the shiplift system, in order to provide for
efficient operation of the City docks or tenninal facilities and promote the
objectives of the Seward City Code.
(d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO:
(1) HlmlTCinm; or offensive ~o. In his discretion, the Harbonnaster
shall at all times have the right to immediately remove all
hazardous or offensive cargo, or cargo, which by its nature, is
liable to damage other cargo or City dock or tenninal facilities.
The cargo may be removed from its present location to any other
location with all expenses and risk of loss or damage to be the
responsibility of the owner, shipper or consignee.
Original Tariff
city of Seward, Alaska
EffectiVt! Dale: 01/01/94
Subsection
130
PORT & HARBOR TARIFF
ORIGINAL PAGE 19
Subsection
130
(2) CaIlO beyond free time. Any cargo remaining on city dock or
tenninal facilities after expiration of any applicable free time may
be removed to public or private warehouses, and all expense of
removal and risk of loss or damage shall be the responsibility of
the owner, shipper, consignee or vessel as responsibility may
appear on shipping documents, manifests or other sources.
(e) RIGHT TO WlTIIHOLD DEIlVERY OF FREIGHT:
Right is reserved by the City of Seward to withhold delivery of freight
until all accrued charges and/or advances against said freight have been
paid in full. At the Harbonnaster's discretion, any or all of such freight
may be placed in public or private warehouses, and all cost of removal
and subsequent handling and storage shall be the responsibility of the
owner of the freight.
(t) RIGHT TO SElL FOR UNPAID CHARGES:
Freight on which unpaid terminal charges have accrued may be sold to
satisfy such charges and costs, provided such sale bas been publicly
advertised. Freight of a perishable nature or of a nature liable to damage
other freight may be sold at public or private sale without advertising,
provided the owner bas been given proper notice to pay charges and to
remove said freight and bas neglected or failed to do so within a
prescribed reasonable time.
(g) EXPLOSIVES:
The City of Seward shall not allow the acceptance, hllndHng or storage of
explosives within the confmes of the Port of Seward without prior
arrangement with the Harbonnaster and as governed by rules and
regulations of federal, state and local authorities.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ZQ
(h) RIGHT TO REMOVE, TRANSFER OR REARRANGE VESSELS:
(1) H1I7.l1rdous vessels or vessels with h1l7.l1rdOUS ~o. In his
discretion, the Harbormaster shall at all times have the right to
immediately remove any hazardous or offensive vessel, or any
vessel containing hazardous cargo, or any vessel containing cargo
which by its nature is liable to damage other vessels or other cargo
or harbor or port facilities. The vessel may be removed from its
present location to any other location, and all expenses and risk of
loss or damage shall be the responsibility of the owner, shipper or
consignee.
(2) Vessel beyond free time. Any vessel remaining at city dock or
terminal facilities after expiration of any applicable free time may
be removed to any other public or private facility, and all expenses
of removal and risk of loss or damage shall be the responsibility
of the owner, shipper, consignee or vessel.
(3)
Movement of vessels to reduce coneestion or maximi7.e services.
In his discretion, the Harbormaster shall at all times have the right
to move or rearrange any vessel from its present location to any
other location in order to reduce congestion within the harbor or
to prevent disruption of customary services to the public.
(i) RIGHT TO REMOVE MATERIALS OR EQUIPMENT FROM CITY
DOCK OR TERMINAL FACILITIES:
Any materials, equipment, trash, or other items left on or about any city
dock or terminal facility may be removed by the Harbormaster at any
time, and all expense of removal and risk of loss or damage shall be the
responsibility of the vessel that last occupied the facility or the owner,
shipper or consignee of the vessel as responsibility may appear on
shipping documents, manifests or other sources.
Original Tariff
city of Seward, Alaska
Effective Date: 01/01/94
Subsection
130
PORT & HARBOR TARIFF
ORIGINAL PAGE 11
Subsection
135
REQUESTS AND COMPLAINTS
Requests and complaints may be made by any shipper, vessel or vessel agent by
filing a written statement with the Harbonnaster, City of Seward, PO Box 167,
Seward, Alaska 99664.
Original Tariff
City of Seward, Alaska
FJfeaive Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE n.
DF.T.A YS - NO WAIVER OF CHARGES
Delays which may be occasioned in loading, unloading, receiving or delivering
freight, berthing of vessels, or receiving, discharging, lifting, or transferring
vessels on the shiplift system or travelifts as a result of harbor congestion,
equipment failure or breakdown, or of combinations, riots or strikes of any
persons in the employ of the City of Seward or others, or arising from any other
cause not reasonably within the control of the City of Seward, will not excuse the
owners, shippers, consignees or carriers of the freight or vessel, or the permit
holder, from full service, wharf demurrage, berthing or other charges or expenses
which may be incurred under conditions stated herein.
Subsection
140
Original Tariff
City of Seward. Alaska
Effective Date: 01101194
PORT &: HARBOR TARIFF
ORIGINAL PAGE II
Subsection
145
MANIFESTS REOlJIlnm OF VESS14'.T -~
Masters, owners, agents or operators of vessels are required to furnish the City
of Seward with complete copies of vessels' manifests showing names of
consignees or consignors and the weights or measurements of all freight loaded
or discharged at the docks or terminal facilities of the City of Seward. Such
manifests must be certified as correct by an authorized official of the company
and must also designate the basis of weight or measurement on which ocean
freight was assessed. In lieu of manifests, freight bills containing all information
as required above may be accepted.
SIDP'S DOCl~
The Harbormaster may require masters, owners, agents, operators and/or permit
holders to execute a berthing application containing descriptions of the following
items:
Fuel
Ballast
Water
Cargo
Structural details for lift
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 24
SAFETY. SANITATION AND HOUSEKEEPING
(a) SAFETY AND SANITATION
All users of City docks and terminal facilities and all permit holders of the
shiplift system shall exercise due care for the protection of life and
property and the protection of the public from injury or damage.
Additional safety and sanitation roles applicable to docks and terminal
facilities, including the shiplift system, should be consulted. Portions of
the City of Seward Code of Ordinances of particular relevance include
Chapter 9.15 (Fire Prevention and Uniform Fire Code), TItle 14 (Utilities
including Garbage, Sewer, Refuse, ElectriCity and Water) and Chapter
7.10 (ports and Harbors).
All safety and sanitation laws, regulations and policies of the City of
Seward, the Kenai Peninsula Borough, the State of Alaska, and the United
States of America, including those adopted by international treaty, apply
to City docks and terminal facilities, including the shiplift system. All
users, including shippers, permit holders, vessels and consignees, are
hereby warned that the party or parties responsible for infractions of such
laws, regulations or policies will be subject to and responsible for any
penalties that may result from their violation of those laws, regulations or
policies.
(b)
NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENTS:
Notice shall be given to the Harbormaster of any vessel carrying cargo
which is hazardous, extremely flammable, corrosive, explosive or
otherwise poses a significant risk: of harm to property or persons, at least
24 hours prior to landing or use of docks. The Harbormaster, at his sole
discretion, may issue a permit for dock use if he fmds that sufficient
precautions have been taken to minimize any potential risks presented by
such cargo.
Subsection
150
Original Tariff
city of Seward, Alaska
Effeaive Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE lJ.
Subsection
150
(c) RESPONSIBlllTY FOR HOUSEKEEPING:
Users of docks and other terminal facilities, including pennit holders of
the shiplift system, will be required to maintain same in an orderly
manner as directed by the Harbormaster. If user does not properly clean
property used, the Harbormaster shall order the work performed, and user
will be billed for the services in accordance with the rates set forth in
Subsection 225 of this tariff.
(d) SMOKING PROIDBITED:
No smoking shall be allowed on any wharf, pier, or the shiplift system,
or in any facility, warehouse or transit shed, except in approved areas
specifically designated for that purpose. Persons violating this role may
be barred, at the discretion of the Harbormaster, from the further use of
any wharf or facility, including the shiplift system, and, in addition, shall
be subject to prosecution under applicable federal, state and municipal
laws.
(e) WASTE On. AND PETROLEUM PRODUCTS:
All waste oil and petroleum products must be properly disposed of by the
vesseVowner. The City of Seward offers a limited ability to take small
quantities of such products as a convenience to the boating public. Up to
five gallons of waste oil and petroleum products will be accepted by the
City in the approved and designated facilities on shore. There shall be no
storage, even of a temporary nature, of waste oil of petroleum products
on City docks, wharves, piers or (roger floats. Any vesseVowner/agent
storing or disposing of waste oil in an inappropriate or illegal manner may
be barred from further use of the Seward Small Boat Harbor and/or
penllli7ed according to the provisions of federal, state and local law.
Larger quantities of waste oil may be accepted by the Harbormaster upon
prior arrangement by written approval on a case-by-case basis.
Original Tariff
City of Seward. Alosko
FJfeaiW! Dale: 01/01/94
.
.
I.
PORT & HARBOR TARIFF
ORIGINAL PAGE M
RR~PONsmILITY FOR PROPERTY DAMAGE
Users, including pennit holders, damaging city docks, the shiplift system or any
other property of the City of Seward will be responsible for the cost of repairs.
The user or pennit holder will be billed for repairs to damaged property at cost,
including overhead.
Original Tariff
city of Seward, Alaska
F1feaive Dale: 01/01/94
Subsection
155
PORT & HARBOR TARIFF
ORIGINAL PAGE 11
Subsection
160
BULK PETROI.F.lJM PRODUCTS
(a) APPUCATION OF TARIFF:
Except as otherwise provided in this section, the rates, roles and
regulations published in other sections of this tariff apply to vessels,
shippers and consignees of bulk petroleum products.
(b) CLEARING AND HEATING PETROLEUM LINPS:
Shippers, consignees or vessels and persons in charge thereof are
responsible for providing steam or other heating means to assure the
proper flow of asphalt and other petroleum products requiring heat.
Shippers, consignees or vessels and persons in charge thereof will be
responsible for clearing all petroleum products from lines located on or
adjacent to any terminal facility after a vessel completes loading or
discharging unless otherwise authorized by the Harbormaster. In the
event the City of Seward performs any of the above named services, rates
shall be charged in accordance with Subsection 225 of this tariff and billed
to the shipper, consignee or vessel.
(c) REGULATIONS GOVERNING PETROLEUM PRODUCTS:
The transfer of bulk petroleum products shall be made in compliance with
Seward City Code provisions, including Chapter 9.15 (Fire Prevention and
the Uniform Fire Code), as well as other local, state and federal laws,
roles or regulations.
(d) HOUSEKEEPING:
Flammable liquids and all hydrocarbons leaked or spilled on wharves shall
be cleaned up immediately . Vessels or consignees shall remove temporary
lines immediately upon completion of receipt or discharge of flammable
liquids. Spillage from disconnected lines shall be cleaned up immediately
by vessel or consignee.
Should leakage or spillage of flammable liquids or hydrocarbons occur on
the shiplift system, the permit holder shall be responsible to see that said
leakage or spillage is cleaned up immediately.
Original Tariff
City of Seward. Alaska
Effective Dale: 01/01/94
.
.
Section II
Definitions and Charges
.
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
BERTHING
Outside the Small Boat Harbor:
Vessels berthing or departing City docks, wharves, or any other terminal facility,
including the shiplift system, must use sufficient tugs so that vessels can be
berthed or removed in a safe manner. Berthing speed shall not exceed sixteen
feet per minute, unless approved by the Harbonnaster.
Within the Small Boat Harbor:
(a) ASSIGNMENT OF BERTHS:
The Small Boat Harbor is often congested and it is the policy of the City
of Seward to provide for the maximum public use of available facilities.
The Harbonnaster shall have discretion to implement that policy.
Berth assignments to particular slips on the City of Seward float system
are made by the Harbonnaster. Berth assignments are made to a
particular combination of vessel and owner/operator, are not assignable by
the owner/operator and automatically expire upon sale or transfer of the
vessel to another owner/operator.
A berth assignment is not a lease or an exclusive rigbt to occupy any
particular slip. In order to maximize the public's use of existing facilities,
it is common for the Harbonnaster to temporarily assign vessels to slips
nonnally used by another vessel when that vessel is out of the harbor.
(b) WAITING liST FOR PERMANENT SUP ASSIGNMENT:
Due to the scarcity of slips on the City of Seward float system, vessels
will be assigned pennanent slips based on waiting lists maintained by tbe
Harbonnaster's office. Separate waiting lists shall be maintained for the
following size floats:
17 feet (accommodates vessel 12 to 21 feet)
23 feet (accommodates vessel 22 to 26 feet)
32 feet (accommodates vessel 27 to 36 feet)
40 feet (accommodates vessel 37 to 45 feet)
50 feet (accommodates vessel 46 to 54 feet)
75 feet (accommodates vessel 55 to 90 feet)
Subsection
200
Original Tariff
City of Seward, Alaska
Effective Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 29
Subsection
200
Assignments to a permanent slip from the waiting lists shall be made in
January each year by the Harbormaster based on the slip size available
and the most senior name on the waiting list for that size slip.
There is a fee of $20.00 per year per listing upon the waiting list(s) for
a permanent slip assignment.
(c) PERMANENT SLIP ASSIGNMENTS:
(1) The Harbormaster may assign a specific slip on the City of Seward
float system within the Small Boat Harbor to a particular vessel on
an annual basis.
(2) A permanent slip assignment to a vessel is not a lease or right to
occupy a particular slip and may not be assigned.
(3) To maximize the use of the Small Boat Harbor, a permanently
assigned slip may be assigned to a transient vessel when the
permanently assigned owner/vessel is out of the harbor.
(4) Upon the return of the permanently assigned vessel to the Small
Boat Harbor (provided proper notifications are given and based on
harbor congestion and the difficulties involved in moving vessels),
the Harbormaster will attempt to rearrange vessels so that a vessel
with a permanent slip assignment may berth at that assigned slip.
(5) A vessel assigned a permanent slip assignment should notify the
Harbormaster when departing the harbor for more than five (5)
days. If away from Seward for more than five (5) days, a
permanently assigned vessel should notify the Harbormaster of its
intended arrival date and time back into the Small Boat Harbor.
(d) PERMANENT AND TEMPORARY (TRANSIENT) SLIP ASSIGN-
MENTS:
There are two types of slip assignments at the City of Seward Small Boat
Harbor. The first is a permanently assigned slip and the second is a
transient slip. Slips that are permanently assigned to a boat/owner may
be used for transient moorage when the permanently assigned vessel is
away from the slip.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE JQ
(e) NOTICE UPON ARRIVAL:
All vessels should notify the Seward Small Boat Harbor office prior to
arrival. Those vessels which have received pennanently assigned slips
should notify the Harbonnaster's office twenty-four (24) hours prior to
expected arrival to allow the harbor staff time to free the slip. If, despite
reasonable efforts, the Harbonnaster is unable to clear a pennanently
assigned slip due to congestion, high winds or safety considerations, a
vessel with a pennanently assigned slip may be required to temporarily
use a transient slip or float as directed by the Harbonnaster.
Vessels entering the Small Boat Harbor which have not, for any reason,
received a berthing assignment by radio contact or otherwise shall be
restricted to the following areas:
X Float
South side of F Float
K Float
L Float
City Dock
If, as is frequently the case during periods of congestion, all of the above
berths are full, a vessel is permitted to raft to a vessel already berthed.
(f) VESSEL REGISTRATION:
All vessels must have a current registration fonn (request for transient
moorage) on fue with the Harbonnaster. These fonns must be ftled
immediately upon arrival at the Small Boat Harbor; however, vessels that
arrive after nonnal Harbonnaster office hours must register before 10:00
a.m. the following day.
Subsection
200
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT &: HARBOR TARIFF
ORIGINAL PAGE n
Subsection
205
BERTHING RATES
(a) CALCULATION OF BERTHING RATES:
Berthing charges shall commence when a vessel is made fast to a wharf,
pier or other facility, or when a vessel is moored to another vessel so
berthed ("rafting"). Charges shall continue until such vessel is completely
freed from and has vacated the berth.
A vessel berthed at any time between 12:01 a.m. and midnight shall be
charged a full day's charge; provided, that the Harbormaster may, in his
discretion and with proper and appropriate advance notice, waive a daily
rate for a vessel that will occupy a berth or float for a minimum time,
and, provided further, that the Harbormaster determines that congestion
and use of the public facilities by others will not be adversely affected.
Berthing charges shall be calcuIated on the length of the vessel 2I the
length of the float (slip) assigned, whichever is p-eater.
Berthing charges will be assessed on the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed
in feet, from the most forward point at the stem to the aftermost part of
the stem of the vessel, measured parallel to the base line of the vessel.
The length shall include all hull attachments, such as bowsprits, dinghies,
davits, etc.
For billing purposes, overall length of the vessel as published in "Uoyds
Register of Shipping" may be used. The City of Seward reserves the right
to:
(l) Obtain the overall length from the vessel' s register, or
(2) Measure the vessel.
Original Tariff
City of Seward, Alaska
Effeaive Date: 01/01/94
.
.
I.
PORT & HARBOR TARIFF
ORIGINAL PAGE J1
(b) DAILY RATES:
With the exception of vessel owner/operators who have paid an annual,
semi-annual, or quarterly fee in advance, all temporary or transient
berthing charges shall be calculated on the daily rate. The daily rate shall
be as follows:
Lene1h of Vessel
Daily Fees
Under 19' .............................. $ 5.00
20' - 32' ................................... 9.91
33' - 45' .................................. 13.99
46' - 58' .................................. 15.88
59' - 71' .................................. 19.50
72' - 84' .................................. 23.33
85' - 97' .................................. 27.22
98' - 110' ................................. 31.66
111' - 123' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.09
124' - 136' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 38.84
137' - 149' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42.80
150' - 162' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 46.74
163' + .................................. 53.43
(c)
ANNUAL BER1lIING FEES:
Under the following conditions, a vessel owner/operator may elect to pay
berthing fees on an annual basis in advance:
(1) The vessel owner/operator has completed a Request for Transient
Moorage form, or, in the case of a permanently assigned berth, a
Request for Permanent Mooring form, in the form attached to this
tariff.
(2) The vessel owner/operator has paid the annual fee based on the
following rates determined by the length of the vessel, or, in the
case of a permanently assigned berth, the length of the slip,
whichever is greater:
Original Tariff
City of Seward, Alaska
FJfective Date: 01/01/94
Subsection
205
PORT & HARBOR TARIFF
ORIGINAL PAGE J1
Subsection
205
Len~h of Vessel or SUp
Rate per Foot
Vessel or slip to 30' . . . . . . . . . . . . . . . . . . . . . $ 32.56
31' - 40' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.27
41' - up .............................. 29.67
(3) At the option of the vessel owner/operator, the annual berthing fee
may be paid in two equal semi-annual installments of sixty percent
(60%) of the rate established above. Each prepaid installment
described in this Paragraph represents six (6) calendar months.
The first installment is due and payable on the date the vessel
owner/operator completes the Request for Transient Moorage
fonn, and on or before the first day of any calendar month. The
second installment is due on or before the first day of the calendar
month six (6) months thereafter.
(4) At the option of the vessel owner/operator, the annual berthing fee
may be paid in four equal quarterly installments of forty-five
percent (45 %) of the rate established above. Each prepaid
installment described in this Paragraph represents three (3)
calendar months. The first installment is due and payable on the
date the vessel owner/operator completes the Request for Transient
Moorage fonn, and on or before the first day of any calendar
month. The succeeding payments are due on or before the first
day of the calendar month every three (3) months thereafter.
(5) All pennanently assigned berths are assigned on a calendar-year
basis. Prepayment of a full year's charges is due on or before
December 31 of the preceding year. A vessel owner/operator may
elect to prepay the annual berthing fee in two semi-annual
installments, each of which represents sixty percent (60%) of the
annual fee due on or before December 31 of the preceding year
and June 30 of the current year. A vessel owner/operator may
also elect to prepay the annual berthing fee in four quarterly
installments, each of which represents forty-five percent (45 %) of
the annual fee due on or before December 31 of the preceding year
and March 31, June 30, and September 30 of the current year.
(j) FLOAT PLANE FEES:
A fee in the amount of $8.00 per day shall be charged for float plane
berthing in the confmes of the Small Boat Harbor.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 34
DOCKAGE
(a) DEFINITION:
Dockage is the charge assessed to a vessel for docking at a City dock or
tenninal facility or for mooring to a vessel so docked.
(b) DOCKAGE PERIOD - HOW CALCULATED:
Dockage shall commence when a vessel is made fast to a wharf, pier or
other facility, or when a vessel is moored to another vessel so berthed,
and shall continue until such vessel is completely freed from and has
vacated the berth. No deductions will be made for Sundays or holidays.
(c)
BASIS FOR COMPUTING CHARGES:
Dockage charges will be assessed on the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed
in feet, from the most forward point at the stem to the aftennost part of
the stem of the vessel, measured parallel to the base line of the vessel.
For dockage billing purposes, overall length of the vessel as published in
"Lloyds Register of Shipping" will be used. If no such figure appears in
"Lloyds Register", the City of Seward reserves the right to:
(1) Obtain the overall length from the vessel' s register, or
(2) Measure the vessel.
(d) VESSELS DOCKED TO REPAIR, SHORE, OUTFIT OR FUMIGATE:
The shiplift dock, adjacent and to the north of the shiplift system, was
constructed and intended primarily to be used for ship repair and
maintenance. Vessels being repaired by ship repair and maintenance
businesses occupying upland facilities at the Seward Marine Industrial
Center will therefore be preferred over cargo operations. Full dockage
will be charged if and when a vessel is permitted to make repairs or
alterations, shore for special freight, outfit, store or fumigate while
docked at a City dock or tenninal facility.
Subsection
210
Original Tariff
City of Seward, Alaska
Effective Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE J1
Subsection
210
(e) PREFERENCE TO RESERVED DOCK USE:
A vessel may be permitted to berth at a City dock or tenninal facility of
the City of Seward without having ftrst made written application for a
berth assignment and without such an assignment having been granted.
However, priority is given to City dock use reserved in advance with the
Harbonnaster.
Further, any vessel seeking a berth at a city dock for a period longer than
six (6) hours must complete, within twenty-four hours of arrival in the
harbor, a Request for Transient Mooring fonn, in the fonn attached to
this tariff as Attachment 0, or have a current copy of same on me in the
office of the Harbonnaster. Any vessel planning to remain at a city dock
for a period of less than six (6) hours must notify the Harbonnaster's
office of such plan prior to arrival in the harbor.
The City docks in the Small Boat Harbor include those adjacent to Seward
Fisheries, Inc. 's on-shore facilities, including the leased dock area. The
dock is to be used first for receiving and delivery of ftsh and ftsh products
to Seward Fisheries, Inc. 's, on-shore facilities. In addition, the dock
constructed by Inlet Fisheries, Inc. is to be used ftrst for receiving and
delivery of ftsh and ftsh products to Inlet Fisheries' on-shore facilities.
Reservations remain effective if such use begins within twenty-four (24)
hours of the scheduled use or landing. Late use or arrival will be
rescheduled on a space available basis. Reservation of dock use must
specify arrival and departure dates and the nature and quantity of the
freight to be loaded or discharged.
A vessel or vessel agent may secure reserved dock space under the
following conditions:
(1) Request for reservation is made on a Vessel Berthing Application
in the fonn attached to this tariff as Attachment A, indicating berth
and date(s) requested.
(2) Reservation request must be received by the Harbonnaster a
minimum of seven (7) days prior to anticipated vessel arrival.
OrigiMl Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE JQ
(3)
(4)
(5)
Subsection
210
The vessel agent or other person requesting a berth ("berthing
agent") must provide, as may be requested by the Harbonnaster as
a part of the berthing process, to the extent of his knowledge, all
infonnation called for by any Supplement to Vessel Berthing
Application, in the fonn attached to this tariff as Attachment a, or
any other infonnation respecting the vessel including, but not
limited to, its estimated arrival and departure, amount(s) and
type(s) of cargo to be loaded/discharged, estimate of amount of
each category of port charges, as enumerated, and party responsi-
ble therefore. The submission of this fonn, signed by the berthing
agent, shall constitute the berthing agent's attestation as to the
accuracy of the infonnation therein supplied, based upon and to
the extent of infonnation made available to the berthing agent at
the time of submission; and the berthing agent shall be held
personally liable to the City of Seward for any financial loss
suffered by the City of Seward as a result ofthe agent's failure to
so report accurately.
Should the berthing agent, subsequent to submission of this fonn,
receive infonnation which materially differs from the infonnation
previously provided, and which infonnation the agent reasonably
believes is not equally known to the Harbonnaster, it shall
immediately notify the Harbonnaster and, if requested by the
Harbonnaster, promptly me an amended Supplement to Vessel
Berthing Application with the Harbonnaster.
Harbonnaster will detennine availability of dock space and dates
requested. Should scheduling conflicts be found, the Harbonnaster
shall mediate a resolution which will attempt to minimi7e negative
impacts on both (or all) parties.
Full dockage fees are payable to the City of Seward at the time of
reservation. Prepaid dockage fees will be non-refundable unless
a written cancellation is received by the Port a minimum of
fourteen (14) days prior to scheduled vessel arrival. (See also
Section I, Responsibility for Charges, Collection and Guarantee of
Charge. )
Original Tariff
City of Seward, Alaska
Effeaive Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PA.GE J:I.
Subsection
210
(6) All estimates of tenninal charges are subject to approval and! or
adjustment by the Harbonnaster. The Harbonnaster sball
promptly, after receipt of said estimate, advise the berthing agent
as to (1) its approval or adjusted estimate of tenninal charges, and
(2) whether posting of cash or security is required for anyone or
more categories of such charges and the amount thereof.
(7) An agreement is made to work continuously utilizing not less than
day and early night shifts (first and second shifts) and multiple
longshore gangs, cranes, and equipment to the fullest extent
available in accordance with circumstances then prevailing.
(8) In addition to the tenns for berth reservation and establishment of
fmancial responsibility as set forth herein, requests for berth
reservation and assignments of berths sball otherwise be in
accordance with all local roles and regulations established by the
City of Seward.
(t) BERTH MAY BE GRANTED BEFORE PAYMENT:
For safety or other reasons, the City of Seward, in some circumstances,
may grant a vessel a temporary berth before the owner or agent has paid
all applicable charges or otherwise complied with all applicable tariff
provisions or conditions of berthing. In such circumstances, the vessel
may unload its cargo only if (1) the Harbonnaster detennines that a
regular berth is available, and (2) the owner or agent pays all applicable
charges and complies with all other applicable tariff provisions and
conditions of berthing. If no regular berth is available or the vessel owner
or agent does not pay all applicable charges and comply with other
applicable provisions, the vessel may not unload its cargo and sball sail
on the next tide. The vessel sball be assessed appropriate fees as set forth
in this tariff.
(g) CHARGES ON VESSEL Slill' u.N'G:
When a vessel is shifted directly from one wharf or berth to another wharf
or berth operated by the City of Seward, the total time at such berths will
be considered together when computing the dockage charge.
Original Tariff
City of Seward, AlaskIJ
FJfeaiW! Date: 01101194
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
(h) CHARGES TO ASSISTING VESSELS:
A single vessel, when actively engaged as a tug boat assisting and made
fast outboard of a vessel loading or discharging cargo, will be accorded
free dockage.
NOTICE:
Tug boats leaving a tended vessel for the purpose of assisting any other
vessel shall have waived its right to free dockage for the entire period of
berthing by its tended vessel.
(i)
NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT:
Notice shall be given to the Harbormaster of any vessel carrying cargo
which is hazardous, extremely flammable, corrosive, explosive or
otherwise poses a significant risk of harm to property or persons at least
twenty-four (24) hours prior to landing or use of docks. The Harbormas-
ter, at his sole discretion, may issue a permit for dock use if he frods that
sufficient precautions have been taken to minimize any potential risks
presented by such cargo.
(j)
DOCKSIDE LAY TIME:
Dockside lay time may be allowed as scheduling permits. However, all
vessels must be removed from dockside within three (3) hours of receiving
notice from the Harbormaster or his agents.
Subsection
210
Original Tariff
city of Seward, Alaska
Effectiw Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE J2.
Subsection
215
DOCKAGE RATES:
(a) DAILY DOCKAGE RATE:
The charge for dockage for all facilities outside the Small Boat Harbor is
as follows except as otherwise provided:
Overall Len2th of Vessel
Daily Charie Per Foot
Up to 500 ft. ............................. $ 1.00
501 + ft. ................................. 1.20
NOTE:
Daily charge is for any period of twenty-four (24) hours. However, in
computing dockage charges for any period of dockage less than twelve
(12) hours, dockage charges at one-half (1/2) of one full day's dockage
shall be assessed. For any dockage period greater than twelve (12) hours
and less than twenty-four (24) hours, a full day's dockage shall be
assessed.
(b) MONTHLY DOCKAGE RATE:
a monthly dockage rate equal to one-half (1/2) of the total daily dockage
rate for one month may be granted as follows:
(I) Tu~ Qperators. Vessels employed solely in the business of
providing tug service to vessels calling at any dock or terminal
facility of the City of Seward may apply to the Harbormaster for
monthly dockage rates.
(2) Vessels Under Re.pair. Subject to scheduling requirements, the
Harbormaster may, upon request, allow prepayment of a monthly
dockage rate at the Shiplift Dock subject to all of the following
conditions:
(i) The monthly rate shall only apply to vessels that use the
dock solely for vessel maintenance and repair; and
Original Tariff
City of Seward, Alaslca
EffectiVt! Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 112
(ii) The monthly dockage rate is paid in advance by a full 30
days; and
(ill) The user shall not be entitled to a refund for any reason
including user's departure during the 30-day period or
rescheduling of the dock use by the Harbormaster to other
vessels in need of repair or maintenance.
Subsection
215
Original Tariff
City of Seward. Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 41
Subsection
220
HANDLING. LOADING AND UNLOADING
(a) HANDUNG DEFINED:
Handling means the service of physically moving cargo between point of
rest and any place on the terminal facility other than the end of a ship's
tackle.
(b) LOADING AND UNLOADING DEFINED:
Loading and unloading means the service of loading or unloading cargo
between any place on the terminal and railroad cars, trucks, lighters or
barges or any other means of conveyance to or from the terminal facility.
(c) TERMINAL USE PERMIT:
Handling, loading and unloading services are provided by independent
agents at all terminal facilities covered by this tariff. A Terminal Use
Pennit is available to any qualified agent desiring to provide longshore
services at the terminal facilities of the City of Seward in the form
attached to this tariff.
Original Tariff
City of Seward, Alasko
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE n
LABOR AND SERVICE CHARGES
A labor and service charge is assessed, in addition to any other charges set forth
in this tariff, for all labor perfonned by City personnel and for specific services
provided by the City of Seward or its agents. Service charges do not include
charges for dockage, wharfage, wharf demurrage or handling.
(a) SPECIFIC SERVICES:
The following rates shall apply for services provided by the City of
Seward:
(1) Potable water furnished to vessels:
(i) Less than 1,000 gallons from harbor facilities not requiring
City assistance or use of ftre hydrant - NO CHARGE.
(il) All service in excess of 1,000 gallons:
(1) During regular business hours - BASIC CONNECT
CHARGE - $50.00.
(2) Outside regular business hours - BASIC CONNECT
CHARGE - $100.00.
(ill) In addition to (il) above, a variable rate of $3.03/1,000
gallons shall be charged for potable water.
(2) Electricity - Small Boat Harbor
(i) Connect fee ..................... $ 20.00
(il) Electricity (per kilowatt hour) ....... 125 % of Cost
(ill) Customer charge (per month) .......... $ 15.40
Subsection
225
Original Tariff
City of Seward, Alaska
Effective Date: 01101194
PORT & HARBOR TARIFF
ORIGINAL PA.GE n
Subsection
225
(3) Electricity - Seward Marine Industrial Center:
(i) Connect fee ..................... $ 20.00
(ii) Usage (per kilowatt hour)
o to 5,000 kwh ...................... 0.20
5,000 to 20,000 kwh .................. 0.15
20,001 + kwh ...................... 0.12
(4) Towin~ inside Small Boat Harbor - $25.00 Iilia labor
(5) Pumpine vessel - $10.00 Iilia labor
(b) LABOR/PERSONNEL:
(1) When labor is furnished by the City at the request of a user, it is
expressly stipulated that the City acts solely as agent of the user.
The City shall charge for labor provided by the City for the
following services:
(i) All services not specifically described in this tariff;
(ii) Services of loading, unloading or transferring cargo for
which no specific commodity rates are provided and which
cannot be perfonned at the rates named under N.O.S., and
cargo in packages or units of such unusual bulk, size,
shape or weight as to preclude perfonning such services at
rates named under individual items contained in this tariff;
(ill) Services for which no specific commodity rates are provid-
ed and any other services for which specific rates are
named in this tariff but which, because of unusual condi-
tions or requirements of shippers not nonnally incidental to
such services, preclude the perfonnance;
(iv) Services of cleaning city docks, shiplift system, or terminal
facilities of dunnage, stevedore gear and other equipment
or material when the shipper, vessel owner or consignee
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 44
(v) All labor associated with or necessary to the operation of
the shiplift system; and
(vi) Snow removal perfonned on the shiplift system outside
nonnal hours of operation and reasonably necessary to
accommodate a pennit holder's schedule. The City shall
have no responsibility under any circumstances for snow
removal beyond the limits of the shiplift system.
(2)
Rates named in this tariff for services involving labor are predicat-
ed upon straight-time wages for a work day between the hours of
8:00 a.m. and 5:00 p.m., Monday through Sunday. When over-
time or penalty time wages to labor are necessary, rates are
adjusted to include such penalties or differential rates.
(3)
When a user notifies the Harbonnaster of a request for labor for
a specified time, and labor is on the job and ready for work at that
time, the use shall be charged from the time the labor is ready for
work until the work is concluded even if the work is delayed,
provided such delay was not the fault of the City.
All labor provided by City personnel shall be charged at $39.32
per hour straight-time (no premium) and $58.98 per hour over-
time. Work requiring call-outs shall be charged at a minimum of
two hours at the overtime rate.
(c) EQUIPMENT:
When the City utilizes City equipment to provide services under this
subsection, it will charge users for the cost of that equipment on an hourly
basis at the rates charged capital projects within the City of Seward for
similar equipment.
(d) SPECIAL SERVICES:
Except where otherwise required by law, the Harbonnaster has the
authority to refuse to provide or to arrange for the provision of services
in addition to those set out in Paragraph (a) above.
Special services, including waste, bulk oil, or garbage disposal shall be
billed at the City's actual cost (including City labor costs as detennined
in Paragraphs 2 and 3 above) plus 125 % of City costs for services
Subsection
225
Original Tariff
City of Seward, Alaska
Effectivt! Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PA.GE ~
Subsection
225
arranged for by the City but provided by others. Special services shall not
include the taking or handling of sewage of any kind. Sewage disposal must be
accomplished by the vessel owner or his agent pursuant to federal, state and local
(City of Seward) laws, codes and ordinances.
(e) MISCELLANEOUS CHARGES:
(1) Meter test, each, when previous test
occurred within 24 months ................ $ 50.00
(2) Reconnection to approved existing meter
installation during regular business hours
(8:00 a.m. - 5:00 p.m.) .................... 20.00
(3) Reconnection to approved existing meter;
installation outside regular business hours ........ 140.00
(4) Deposit. . . . . . . . . . . . . . . . . . . . . . . . . . . .. 100.00
(5) Tampering with or unauthorized breaking
of meter seal ... . . . . . . . . . . . . . . . . . . . . . .. 500.00
(6)
Dishonored check fee
. . . . . . . . . . . . . . . . . . . . .
10.00
(7) Reconnection after disconnect of
delinquent account ....................... 40.00
Original Tariff
City of Seward, Alaska
Effective Dale: 01101/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
PASSENGER FF.R~
(a) GENERALLY:
In addition to other tariff provisions, the tenns and conditions of this item
apply and charges are assessed to passenger vessels and cruise ships or
other vessels carrying passengers for compensation.
Passengers embarking from pier to vessel (each) ....... $ 2.00
Passengers debarking from vessel to pier or wharf (each) 2.00
(b) EXCEPTIONS:
Passenger fees do not apply to:
(1) Passengers on vessels having accommodations for twelve or less
passengers; or
(2)
Passengers sightseeing or travelling between points within 100
miles of the port; or
(3) Passengers on sport fishing vessels; or
(4) Personnel traveling free.
Subsection
Original Tariff
city of Seward. Alask4
Effective Dale: 01101194
PORT & HARBOR TARIFF
ORIGINAL PAGE II
Subsection
235
SEARCH AND RRli;CUE FF.Rli;
In addition to other tariff provisions, when the City utilizes City equipment and
personnel to provide search and rescue assistance (such as towing and rescue), to
vessels outside of the Small Boat Harbor, the Harbonnaster will charge users of
those services $125.00 per hour for the fIrst hour, or any part thereof, and any
services beyond the fIrst hour at 150% of the City's actual costs, including City
labor costs as detennined in Subsection 225 of this tariff.
Original Tariff
City of Seward, Alaska
Effective Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
50-TON TRAVELIFT
(a) OPERATING POllCY:
The City owns and operates a 50-ton travelift in the Small Boat Harbor.
The Harbonnaster generally schedules vessel lifts on a frrst-come, frrst-
served basis, but he may deviate from that policy or refuse a lift when, in
his judgment, the public interest would be served. In making this public
interest fmding, the Harbonnaster will consider the following factors:
(1) The degree of existing or potential congestion in the harbor,
including upland storage areas, and whether the proposed lift will
affect that congestion; and
(2) Whether the lift poses a risk of loss of public or private property,
including potential damage to the travelift or other City property.
(b) BOAT lJFI' AGREEMENT:
No vessel shall be lifted from land or water without a boat lift agreement,
(in the fonn attached to this tariff) having frrst been completed.
It shall be the responsibility of the vessel owner/operator arranging the lift
to provide the Harbonnaster with all relevant iofonnation to conduct a
safe lift including, but not limited to, the following:
(1) Vessel displacement;
(2) Vessel hull type and configuration;
(3) Location of all hull attachments and through-the-hull fittings
including propeller shafts, rodders, etc.;
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
Subsection
240
Original Tariff
City of Seward, Alaska
Effective Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE 49
Subsection
240
(c) RESPONSIBlllTIES:
The vessel owner/operator, or his agent, must be present during all vessel
lifts and must inspect and approve the City's proposed placement of lift
slings, lines and destination location. It is the responsibility of the vessel
owner/operator, or his agent, to provide all blocking materials, to block
the vessel, and to approve the placement of the vessel on said blocking.
It is also the responsibility of the vessel owner/operator, or his agent, to
assure that any vessel cradles or trailers upon which the vessel is to be
placed are adequate in design and strength to safely accommodate the
vessel.
It is the responsibility of the vessel owner/operator to assure that adequate
handling lines are placed and manned on the vessel upon its return to the
water.
(d) DOCKSIDE LAY TIME
Dockside lay time may be allowed as scheduling pennits. However, all
vessels must be removed from dockside within three (3) hours of receiving
notice from the Harbormaster or his agents.
Original Tariff
city of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE S.Q
SO-TON TRAVELIFI' FEES
(a) DEFINITION:
The lift fee is the charge for lifting a vessel from the water or the land
utilizing the City's 50-ton travelift. A separate lift fee is generated
whenever a vessel is lifted, even if it is only lifted and relocated on land.
Lift fees do nQt include labor charges for operation of the travelift system
as described in Subsection 225 of this tariff.
(b) LIFI' FEE:
(I) Minimum Fee. The minimum fee for a lift shall be One Hundred
Seventy Five Dollars ($175.00) for the flISt hour of use or any
portion of time less than one hour. All time in excess of one hour
shall be charged in 3Q-minute increments at the rate of Eighty-
Seven and 50/IOOths Dollars ($87.50) per one-half hour or any
portion of time less than one-half hour.
The lift fee will be detennined by the overall length of the vessel.
A full lift fee is earned once a lift has commenced, even if that lift
is subsequently interrupted, suspended or canceled for any reason.
The risk of loss because of a suspended or canceled lift by reason
of mechanical failure or difficulty with the travelift system is the
responsibility of the vessel owner/operator.
(2) Additional Lift Fee Rates for T~ree Vessels. In addition to the
minimum fee, the lift fee shall be $10.00 per foot of vessel length
for each foot over 50 feet in length.
Subsection
245
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT &: HARBOR TARIFF
ORIGINAL PAGE S1
Subsection
250
250- TON TRA VELIFT
(a) OPERATING POllCY:
The City owns and operates a 250-ton travelift in the Seward Marine
Industrial Center. The Harbormaster generally schedules vessel lifts on
a frrst-come, frrst-served basis, but he may deviate from that policy or
refuse a lift when, in his judgment, the public interest would be served.
In making this public interest fmding, the Harbormaster will consider the
following factors:
(1) The degree of existing or potential congestion in the harbor,
including upland storage areas, and whether the proposed lift will
affect that congestion; and
(2) Whether the lift poses a risk of loss of public or private property,
including potential damage to the travelift or other City property.
(b) BOAT 11FT AGREEMENT:
No vessel shall be lifted from land or water without a boat lift agreement,
(in the form attached to this tariff) having first been completed.
It shall be the responsibility of the vessel owner/operator arranging the lift
to provide the Harbormaster whit all relevant information to conduct a
safe lift including, but not limited to, the following:
(1) Vessel displacement;
(2) Vessel hull type and configuration;
(3) Location of all hull attachments and through-the-hull fittings
including propeller shafts, rudders, etc.;
(4) Location, weight and type of ballast, fuel and water tanks; and
(5) Any special lift requirements to avoid vessel damage.
Original Tariff
City of Seward, Alaska
Effective Date: 01101194
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
(c) RESPONSmIIlTIES:
The vessel owner/operator, or his agent, must be present during all vessel
lifts and must inspect and approve the City's proposed placement of lift
slings, lines and destination location. It is the responsibility of the vessel
owner/operator, or his agent, to provide all blocking materials, to block
the vessel, and to approve the placement of the vessel on said blocking.
It is also the responsibility of the vessel owner/operator, or his agent, to
assure that any vessel cradles or trailers upon which the vessel is to be
placed are adequate in design and strength to safely accommodate the
vessel.
It is the responsibility of the vessel owner/operator to assure that adequate
handling lines are placed and manned on the vessel upon its return to the
water.
Original Tariff
Subsection
250
city of Seward. Alaska
Effective Date: 01101194
PORT & HARBOR TARIFF
ORIGINAL PAGE S1
Subsection
255
2SO-TON TRAVF.T.IFl' FF.R~
(a) DEFINITION:
The lift fee is the charge for lifting a vessel from the water or the land
utilizing the City's 250-ton travelift. A separate lift fee is generated
whenever a vessel is lifted, even if it is only lifted and relocated on land.
Lift fees do DQ1 include labor charges for operation of the travelift system
as described in Subsection 225 of this tariff.
(b) I1FT FEE:
(1) Minimum Fee. The minimum fee for a lift on the 2SQ-ton travelift
shall be Two Hundred Dollars ($200.00) for the rust bour of use
or any portion of time less than one bour. The lift fee will be
detennined by the overall length of the vessel. A full lift fee is
charged once a lift has commenced, even if that lift is subsequently
interrupted, suspended or canceled for any reason. The risk of
loss because of a suspended or canceled lift by reason of mechani-
cal failure or difficulty witb the travelift system is the responsibili-
ty of the vessel owner/operator.
(2) Additional Lift Fee Rates for T .aree Vessels. For all vessels over
ftfty (50) feet in length, an additional Twelve and SOIlOOths
Dollars ($12.50) per foot shall be charged for the first hour of use
or any portion of time less than one hour.
(3) Second and Additional Hours of Lift. For use of a lift in excess
of one hour, a fee of Two Hundred Dollars ($200.00) per hour
shall be charged. This charge shall be assessed in not less than
3Q-minute increments of One Hundred Dollars ($100.00) and shall
be generated after tbe ftrst ftfteen (15) and forty-ftve (45) minutes
of the hour.
Original Tariff
city of Seward, Alaska
EJfeaive Date: 01101/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
SHTPLIFT FEE
(a) DEFINITION:
The shiplift fee is the charge for lifting a vessel from the water and
returning it to the water utilizing the City shiplift.
(b) UFr FEE - HOW CALCULATED:
The shiplift fee shall be based upon vessel length. A full shiplift fee is
earned once a lift has commenced, even if that lift is subsequently
interrupted, suspended or canceled for any reason. The risk of loss
because of a suspended or canceled lift by reason of mechanical failure or
difficulty with the shiplift system is the responsibility of the pennit holder
and the vessel owner.
(c)
BASIS FOR COMPUTING CHARGES:
The shiplift fee will be detennined by the overall length of the vessel.
Overall length shall be construed to mean the linear distance, expressed
in feet, from the most forward point at the stem to the aftennost part of
the stem of the vessel, measured parallel to the base line of the vessel.
For shiplift fee purposes, overall length of the vessel as published in
"Uoyds Register of Shipping" will be used. If no such figure appears in
"Uoyds Register", the City of Seward reserves the right to:
(1) Obtain the overall length from the vessel's register, or
(2) Measure the vessel.
Subsection
260
Original Tariff
City of Seward, Alaska
Effectiw: Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
Subsection
260
(d) PREFERENCE TO RESERVED USE:
Priority is given to shiplift use reserved in advance with the Hartx>nnas-
ter. Reservations remain effective if such use begins within twenty-four
(24) hours of the scheduled use. Late use or arrival will be rescheduled
on a space-available basis. Reservations must specify arrival and
departure dates and the nature of the work: to be performed.
A pennit holder may secure a reservation under the following conditions:
(1) Request for reservation is made on a Vessel Shiplift Use Applica-
tion, in the form attached to this tariff as Attachment F, indicating
rail and date(s) requested.
(2) Reservation request must be received by the Harbormaster a
minimum of 7 days prior to anticipated vessel arrival.
(3) The permit holder must provide, as may be requested by the
Harbormaster as a part of the lifting process, to the extent of his
knowledge, all information called for by any Supplement to
Shiplift Use Application, in the form attached to this tariff as
Attachment G, or any other information respecting the vessel
including, but not limited to, its estimated arrival and departure,
amount(s) and type(s) of cargo on board, and estimate of amount
of each category of port charges, as enumerated. The submission
of this form, signed by the pennit holder or his agent, shall
constitute the pennit holder's attestation as to the accuracy of the
information therein supplied; and the pennit holder shall be held
personally liable to the City of Seward for any fmancial loss
suffered by the City of Seward as a result of the pennit holder's
failure to so report accurately.
Should the pennit holder, subsequent to submission of this form,
receive information which materially differs from the information
previously provided, and which information the pennit holder
reasonably believes is not equally known to the Harbonnaster, it
shall immediately notify the Harbormaster and, if requested by the
Harbormaster, promptly me an amended Supplement to Shiplift
Use Application with the Harbormaster.
Original Tariff
City of Seward, Alaska
EffeaiVt! Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE s.2
(4) Full lift fees are payable to the City of Seward at the time of
reservation. Prepaid lift fees will be non-refundable unless a
written cancellation is received by the Port a minimum of fourteen
(14) days prior to scheduled vessel lift. (See also Section I,
Responsi-bility for Charges, Collection and Guarantee of Charge.)
(5) All estimates of charges are subject to approval and/or adjustment
by the Harbonnaster. The Harbonnaster shall promptly, after
receipt of said estimate, advise the pennit holder as to (1) its
approval or adjusted estimate of lift charges, and (2) whether
posting of cash or security is required for anyone or more
categories of such charges and the amount thereof.
(6) An agreement is made to work continuously on moving the vessel
through the shiplift system utilizing not less than day and early
night shifts (fIrst and second shifts) and equipment to the fullest
extent available in accordance with circumstances then prevailing.
(7) In addition to the tenns for lift reservation and establishment of
fmancial responsibility as set forth herein, requests for lift
reservation and assignments of lifts shall otherwise be in accor-
dance with all local roles and regulations established by the City
of Seward.
(e) BERTII MAY BE GRANTED BEFORE PAYMENT:
For safety or other reasons, the City of Seward, in some circumstances,
may allow the lift of a vessel before the permit holder or agent has paid
all applicable charges or otherwise complied with all applicable tariff
provisions or conditions of lifting.
(f) INSPECTION OF VESSm.s ON THE SHIPLIFT PLATFORM:
Except in extraordinary circumstances and with the prior approval of the
Harbonnaster, vessels are not to be inspected on the shiplift platfonn. All
vessels are to be lifted utilizing a moveable cradle system. Inspections of
lifted vessels are to be limited to ascertaining that a vessel is properly
positioned on a cradle system and ready to be moved through the shiplift
system to a repair booth.
Subsection
260
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE II
Subsection
260
(g) REPAIRS TO VESSELS ON TIm SHIPLIFr SYSTEM:
Vessels may not occupy the shiplift system for the purposes of repairs to
the vessel. 1HERE ARE TO BE NO VESSEL REPAIRS MADE ON
TIm SHIPLIFr SYSTEM. The shiplift system is to be used only for the
movement of vessels to a repair berth off the system or the return of a
vessel from a repair berth to the water. A vessel that is not being moved
will be pennitted to occupy space on the shiplift only with the understand-
ing that it shall be moved when the shiplift system is needed for any
reason, including maintenance of the system. A vessel on notice to move
which refuses to move will be assessed lay charges at TEN (10) times the
nonnal rate, starting at the time the vessel is noticed to vacate. In
addition, vessels refusing to vacate on demand may be moved by city
personnel or otherwise, and any expenses, damages to vessel or to other
vessels or shiplift system during such removal shall be charged to the
vessel so moved. All vessels using the shiplift system without proper
authorization must be removed on receipt of notice from the Harbonnaster
of his agents.
(h) NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT:
Notice shall be given to the Harbonnaster at the time of reservation of the
fuel, ballast and any unusual weight distribution or structural requirements
for lifting each vessel. Notice shall be given of any vessel carrying cargo
which is hazardous, extremely flammable, corrosive, explosive or
otherwise poses a significant risk of hann to property or persons at least
twenty-four (24) hours prior to landing or use of the shiplift system. The
Harbonnaster, at his sole discretion, may issue a permit for shiplift system
use if he fmds that sufficient precautions have been taken to minimi7.e any
potential risks presented by such vessel.
(i) DOCKSIDE LAY TIME
Dockside lay time may be allowed as scheduling permits. However, all
vessels must be removed from dockside within three (3) hours of receiving
notice from the Harbonnaster or his agents.
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
(j) llFT FEE RATES:
The lift fee shall be $10.00 per foot of vessel length. This fee does !lQ1
include labor charges for operation of the shiplift system as described in
Subsection 225. This fee does not include any daily lay charge as
described in Subsection 265.
Subsection
260
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
Subsection
265
Dt\TI.Y SHlPUFr LAY CHARGE
(a) DEFINITION:
The daily lay charge is the charge for vessels either on the shiplift system
or upland of the shiplift system on repair berths.
(b) LAY CHARGE - HOW CALCULATED:
Daily lay charges shall be based on the number of complete or partial
days a vessel is on the shiplift system or upland of the system. Each day
commences at 12:01 a.m. In computing daily lay charges for less than 12
hours, lay charges at one-half (1/2) of one full day's charge shall be
assessed. For any lay time greater than 12 hours and less than 24 hours,
a full day's lay charge shall be assessed.
(c) BASIS FOR COMPUTING CHARGES:
The daily charges shall be assessed against a vessel regardless of vessel
size or length.
(d) RATE:
The daily charge is Two Hundred Dollars ($200.00) per day or a portion
thereof. Vessels using side rails shall be assessed a lay charge of Three
Hundred Dollars per day or a portion thereof.
Original Tariff
City of Seward, Alaska
Effective Date: 01101194
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE fiQ
UPLAND STORAGE
(a) AREA OF LAND AVAILABLE:
The City of Seward will make available a limited area of land in the Small
Boat Harbor and the Seward Marine Industrial Center for storage of boats
or boats on trailers subject to the following conditions:
(1) Space is made available on a fltSt-come, fJI'St served basis.
(2) No vessel or trailer may be placed on the designated upland
storage area without prior pennission of the Harbonnaster.
(3) From May 15 through September 15, upland storage space is only
to be used by vessels undergoing active repairs. Vessels that are
not being repaired are to be removed from the upland storage area
at the Harbonnaster's discretion.
(4)
From September 16 through May 14, storage space will be made
available for vessel storage.
(b) METHOD OF CALCULATION OF RATES:
Charges shall be based on the overall length of the vessel or trailer
(whichever is greater) and shall be based on a per-calendar-month charge.
(c) LAY TIME RATES:
(1) Small Boat Harbor. Lay time for upland storage in the Small Boat
Harbor shall be charged at a rate of Six and 50/100ths Dollars
($6.50) per day for stays of ten days or less in any calendar
month. For stays of ten days or more in any calendar month, the
lay time shall be charged at a rate of $65.00 per calendar month
for a vessel, trailer or cradle up to fIfty (50) feet in length. The
monthly charge for larger vessels shall include an additional $1.00
per foot for each foot over fIfty feet in length.
Subsection
270
Original Tariff
City of Seward, AlaskiJ
Elleaive Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
Subsection
270
(2) Seward Marine Industrial Center. Lay time for upland storage in
the Seward Marine Industrial shall be charged at a rate of Seven
and 50/l00ths Dollars ($7.50) per day for stays often days or less
in any calendar month. For stays of ten days or more in any
calendar month, the lay time shall be charged at a rate of $75.00
per calendar month for a vessel, trailer or cradle up to fIfty (50)
feet in length. The monthly charge for larger vessels shall include
an additional $1.50 per foot for each foot over fifty feet in length.
(d) EMPTY CRADLES/TRAILERS:
For purposes of this tariff, a vessel trailer or cradle shall be treated as a
vessel of the length of the vessel nonnally occupying the trailer or cradle.
Cradles or trailers placed or remaining on the upland storage area prior
to or after a vessel is stored shall generate storage fees at the same rates
as the vessel.
Original Tariff
city of Seward, Alaska
Effecti~ Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
TIDAL GRID
Grid rental rates shall be as follows:
ORIGINAL PAGE ~
First 72 hours or portion thereof
Daily Charze
Vessels less than 24' in length . . . . . . . . . . . . . . . . . . . . $ 7.21
Vessels 24' or more but less than 32' ............... 14.42
Vessels 32' or more but less than 45' ............... 26.78
Vessels 45' or more but less than 6(}' ............... 28.31
Vessels 6(}' or more but less than 75' ............... 37.65
Vessels 75' and over. . . . . . . . . . . . . . . . . . . . . . . . .. 56.65
Daily char:es after the fIrst 72 hours
Vessels less than 24' in length . . . . . . . . . . . . . . . . . . . $
Vessels 24' or more but less than 32' ...............
Vessels 32' or more but less than 45' ...............
Vessels 45' or more but less than 6(}' ...............
Vessels 6(}' or more but less than 75' ...............
Vessels 75' and over . . . . . . . . . . . . . . . . . . . . . . . . .
14.42
28.84
53.56
56.62
75.30
113.30
The Harbormaster shall issue written permission for use of the grid, and no boat
shall be moored onto the grid until such permission bas been granted. The grid
use shall be on a frnt-come, fU'St-served basis.
Subsection
275
Original Tariff
city of Seward. Alaska
Effective Dale: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
Subsection
280
WHARFAGE
(a) DEFINITION:
Wharfage is the charge assessed against any freight placed in a transit
shed or on a wharf; or passing through, over or under a wharf; or
transferred between vessels; or loaded to or unloaded from a vessel at a
wharf regardless of whether or not a wharf is used. Wharfage is solely
the charge for use of a wharf and does not include handling, sorting,
piling of freight or charges for any other services.
(b) APPliCATION:
Wharfage rates named in this tariff will be charged for all merchandise
received over the city docks of the City of Seward and will be in addition
to all other charges made under provisions of this tariff, EXCEPT:
No wharfage shall be charged to ship's gear, such as strongbacks, lines,
hatch covers, walking boards, etc., placed on wharf during unloading
operations. Fuel handled over wharf will not be considered as ship's
stores and will be subject to wharfage and other charges that may be
incurred.
(c) OVERSIDE:
One-half of wharfage named herein will be charged to merchandise
discharged or loaded overside of vessel directly to or from another vessel
or to the water when vessel is berthed at wharfage.
(d) OVERSTOWED CARGO:
Overstowed cargo .destined for discharging at another port will be exempt
of wharfage charges, provided that such cargo is not removed from wharf
prior to reloading to the vessel.
Original Tariff
City of Seward. Alaska
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE Q4
WHARFAGE RATES
(a) SCHEDULE OF STANDARD RATES
Except as otherwise specifically provided, rates are in dollars per ton of
2,000 pounds or per 40 cubic feet.
Commodity
Wharfaee Rate
Freight N.O.S. ............................ $ 3.00
Scrap (iron, steel) ........................... 3.00
Raw fish not to be processed within the
city limits of Seward ..................... 35.00
Poles, logs, cants or cut finished lumber
per MBM (Note: 2,000 lbs shall
be deemed 1 MBM) ..................... 3.00
Petroleum products (inbound) per barrel
Petroleum products (outbound) per barrel
Petroleum products (gasoline) per gallon
0.17
0.24
0.01
Plastic material ............................. 4.12
Explosives
25.00
. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..
Vans or containers (net contents worth) .............. 2.00
Vehicles (gross vehicle weight) ................... 5.00
Bulk gravel ............................... 0.25
Bulk salt ................................. 0.85
Subsection
285
Original Tariff
City of Seward. Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PAGE ~
Subsection
285
(b) DISCOUNT RATES BASED ON GUARANTEED PAYMENTS:
Upon approval by the Seward City Council, a written prepayment
agreement (in the form attached to this tariff) may be obtained by those
shippers who guarantee minimum levels of wharfage payments regardless
of actual shipments. The discounted rates shall be as follows based on a
guaranteed annual payment of at least $250,000 regardless of volume
shipped:
Timber and timber products, ftrst 100,000 tons ...... $ l.50/ton
Next 80,000 tons
l.25/ton
Excess over 180,000 tons
0.50/ton
Original Tariff
City of Seward, Alaska
FJfectiw Dale: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PAGE 66
WHARF DEMURRAGE
(a) DEFINITION:
A charge assessed against cargo remaining in or on tenninal facilities after
the expiration of free time, unless arrangements have been made for
storage.
(b) FREE TIME:
(1) Definition: The specified period during which cargo may occupy
space assigned to it on tenninal property, free of wharf demurrage
or tenninal storage charges, immediately prior to the loading or
subsequent to the discharge of such cargo on or off the vessel.
Com.putine free time: Free time is calculated exclusive of
Saturdays, Sundays or holidays. Free time starts at 7:00 a.m.
after freight is received or unleaded onto wharf from car of tnlck
or, in the case of freight received from vessel, at 7:00 a.m. after
completion of vessel's discharge. On outbound traffic, the day or
days vessel is loading are not included in the computation. On
inbound traffic from vessel, delivery of which is made after the
allotted free time period, the day freight is loaded out or delivered
to tnlck or car is to be included in the computation as a storage
day.
(2)
When freight is transshipped between deep sea vessels and
involves application of both a long and a short time period, the
longer period shall be allowed, but not the aggregate of any two
free time periods.
(3) Free time period: Free time of five days will be allowed on all
inbound traffic. Free time of tend days will be allowed on all
outbound traffic.
Subsection
290
Original Tariff
City of Seward, Alaska
Effective Date: 01/01/94
PORT & HARBOR TARIFF
ORIGINAL PA.GE ~
Subsection
290
(C) RATES:
After expiration of applicable free time, wharf demurrage will be assessed
at the following rates:
Per~. per ton (2.000 lbs.) or portion thereof
Commodity
First 5 ~s
After 5 ~s
All freight, N.W.S.
$ 1.20
$2.40
Mobile homes,
portable buildings,
living quarters
$25.00/day/unit
$lOO.OO/day/unit
(d) LAY-DOWN AREAS:
All cargo is expected to vacate city docks, wharves and piers as soon upon
arrival as possible. Cargo is not to be stored on city docks, piers and
wharves awaiting pick up by vessels unless prior arrangements are made
with the Harbormaster. The Harbormaster shall have the discretion to
refuse all cargo activities and/or lay-down, either inbound or outbound.
Cargo that is allowed to wait for "beyond" transportation shall adhere to
the following roles:
(1) The Harbormaster shall designate lay-down areas for cargo.
(2) Cargo may not be placed on the city docks or terminal facilities
except in the designated lay-down areas.
(3) Cargo and freight not placed in a designated lay-down area must
be immediately removed from a city dock or terminal facility upon
order of the Harbormaster.
(4) A vessel, shipper or consignee who refuses to move cargo on
demand will be assessed wharf demurrage at five times its applica-
ble rate, starting at the time the vessel, shipper or consignee is
noticed to move the cargo.
Original Tariff
City of Seward, Alaslca
Effective Date: 01/01/94
.
.
.
PORT & HARBOR TARIFF
ORIGINAL PA.GE M.
(5) In addition, the Harbonnaster may, in his discretion, move cargo
or freight, and any expense or damages, including damage to cargo
or freight during such movement, shall be charged to the vessel,
shipper or consignee, except for damages caused by the City's own
negligence.
Original Tariff
City of Seward, AlashJ
Effec1i'W Dale: 01/01/94
Subsection
290
.
.
Section 111
Attachments
.
ATTACHMENT A
Page 1 of 1
VESSEL BERTHING APPLICATION
.
Berthing is requested at Terminal Facilities of the City of
Seward, Alaska
By: Of:
(Authorized Individual)
On:
(Agency Firm)
(Date)
Owned or/
For: operated by:
(Vessel Identification)
(Firm)
For Loading/Discharge of:
(Description of
Commodities/No. of
Containers
(Quantity)
To Arrive on:
As Voyage No.
(Estimated Hour/Date)
(Estimated Hour/Date)
Vessel Length Overall:
Terminal Use Permit Holder:
As Voyage No.
To Depart on:
.
. . . . . . . . . . .
NOTES AND CONDITIONS
Acceptance of this vessel berthing application by the City of
Seward does not guarantee the applicant a berth. This
application is subject to the Regulations, Rules and Terms of the
terminal tariff and to the timely filing of the Statement of
Financial Responsibility provided and incorporated herewith as
Supplement to this Vessel Berthing Application. Berth space is
committed consistent with the attached memorandum outlining the
city's Berthing Policy.
. . . .
For Port Use Only
Application received by:
Application approved by:
Berth assigned:
Special crane or cargo handling
Time/Date:
Time/Date:
equipment required:
.
ISSUED 06.'23/92
EFFECTIVE: 07101192
ATTACHMENT B
Page 1 of 2
SUPPLEMENT TO VESSEL BERTHING APPLICATION
VESSEL: LOA:
VESSEL OWNER/LINE:
VESSEL CHARTERER:
LOAD:
(Commodity Type & Amount/# of
TO DISCHARGE:
(Commodity Type & Amount/# of
BERTH DESIRED:
ETA:
ETD:
TERMS OF AFFREIGHTMENT:
Containers)
TERMS OF AFFREIGHTMENT:
containers)
DATE:
Separate submissions of this document are required when the
vessel affreightment for part of the cargo differs from the terms
of affreightment for any other part of the cargo.
PORT CHARGES
PARTY RESPONSIBLE
FOR PAYMENT
ESTIMATED
$ AMOUNT
FOR PORT
USE ONLY
l. Dockage
2. Wharfage
3. Water
4. Fuel
5. Miscellaneous
TOTAL ESTIMATED CHARGES $
Pursuant to the instructions set forth in the Conditions of
Berthing form, the undersigned hereby seeks the arrangement of
berthing facilities on behalf of the above-named vessel, and
attests to the accuracy of the information provided to the
extent set forth in paragraph (c) of the Conditions and
Berthing:
Date:
,19_.
(Berthing Agent)
By:
(AS Agent Only)
lSSLJED 06. "3,n
EFFECfIVE 07/01/9:
ATTACHMENT B
page 2 of 2
SUPPLEMENT TO VESSEL BERTHING APPLICATION (CONTINUED)
.
ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT
In connection with the Vessel Berthing Application dated
, 19___, the undersigned hereby accepts
responsibility, on its own behalf, for payment of the terminal
charges listed under the line items as designated below which
correspond with those designated in the above Supplement to
Vessel Berthing Application, in a maximum amount not to exceed
125% of the aggregate estimated dollar amount shown above for
the relevant line items, or 125% of such other sum as the City
of Seward, after review and revision of such estimates, has
provided to the undersigned in writing, in which latter case a
copy of such writing is physically attached hereto.
CATEGORY OF PORT CHARGE LINE ITEM(S)
(Name of Company)
No. FOR PORT USE
By:
(Authorized Signature)
.
CATEGORY OF TERMINAL CHARGES LINE ITEM(S) No. FOR PORT USE
By:
(Name of Company) (Authorized Signature)
.
ISSUED 06,23/92
EFFECTIVE 0701192
ATTACHMENT C
Page 1 of 2
PLEASE PRINT OR TYPE
SLIP NUMBER
REQUEST FOR PERMANENT MOORING
SEWARD BOAT HARBOR
P.O. BOX l67, SEWARD, AK 99664
(907) 224-3138
VESSEL NAME:
ADFG:
VESSEL USE: (circle
OVERALL LENGTH:
PLEASURE
DRAFT:
DOC. NO.:
PERMIT NO:
COMMERCIAL
GROSS TONS:
AK REG:
one) eHARTER
BEAM:
RESEARCH
TYPE OF VESSEL: (circle one) SAIL MOTOR TUG
HULL MATERIAL: (circle one) FIBERGLASS WOOD
FUEL: (circle one) GAS DIESEL MOTOR
MAKE: COLOR:
REGISTERED OWNER:
ADDRESS:
LeM
STEEL
SAILOR
SKIFF TRI-HULL BARGE
ALUMINUM RUBBER
SAIL ONLY
VHF/CB #'5
eITY:
STATE: ZIP:
WORK PHONE:
BILL TO, IF DIFFERENT FROM
ADD:
ST:
ZIP:
HOME PHONE:
WORK PHONE:
When your vessel leaves the harbor for a week or more it is required that you
notify the harbor office of your date of departure and return, due to our
overcrowded conditions your response here would be qreatly appreciated.
I HAVE READ THE NOTICE ON THE REVERSE OF THIS APPLICATION BEFORE SIGNING.
SIGNED:
(reqistered owner/operator/aqent)
DATE:
***************************************************************************
FOR OFFICE USE ONLY
ACCOUNT NUMBER:
PAID THRU:
COMMENTS:
(OVFP\
.
.
.
ATTACHMENT C
paqe 2 of 2
NOTICE:
READ BEFOI~E SIGNIN~
COMPLIANCE WITH REGULATIONS
"I hereby accept mooring space in the Seward Municipal Harbor for the boat
described on the reverse side of this form. 1 agree to comply with all
regulations as set forth in Chapter 5 of the City of Seward Code Book governing
mooring and use of facilities in the harbor. Should I violate this agreement,
posted regulations or pertinent City provisions, my agreement may be terminated
by the City, and the City may remove my boat from her mooring space at my risk
and expense and retake possession of the mooring space."
"1 also understand and agree that for proper operation of the harbor, the
City may move my boat from one space to another at the discretion of the
Harbormaster. It is also agreed that should I sell or part with possession of
the boat covered under this permit I shall notify the Harbormaster of same. Any
unused prepaid moorage will be refunded as prescribed by the City's Comptroller
from the date of notification to the Harbormaster's Office. 1 also understand
that prepaid moorage is not transferrable to a new owner of the vessel."
LIABILITY OF BOAT OWNER
"1 agree to and understand that the City does not accept boats for storage,
shall not be held liable in any manner for the safekeeping or conditions of the
same, and is not responsible therefore as a warehouseman. The relation between
the parties is simply that of a landlord and tenant. The City is not responsible
or liable for any damage or loss to or of such boat, its tackle, gear, equipment
or property, either upon such boat or upon the premises of the City, from any
cause whatever, or for injury to the tenant or invitees occasioned by any cause
upon the harbor premises or adjacent thereto."
PAYMENT OF FEES
"1 agree to pay moorage charges and fees for any other service which I, or
my agent designated above order, or without order, as may be necessary in an
emergency to protect the harbor facilities and/or my boat from damage. 1 hereby
agree that unpaid charges shall become a lien against the boat and hereby confess
judgement for same, plus whatever costs and attorney fees may be incurred in the
collection."
"I understand moorage fees, as per copy attached h-ereto, are due in
advance. Prepayment of a full year's charges is due on or before 12/31 of the
preceding year; OR in two semi-annual installments (each of which represents 60%
of the annual fee), due on or before 12/31 of the preceding year and 6/30 of the
current year; OR in four quarterly installments (each of which represents 45% of
the annual fee), due on or before 12/31 of the preceding year and 3/31, 6/30, and
9/30 of the current year. A payment made after the due date will be considered
delinquent and (1) will result in the cancellation of use of the berth; (2) will
automatically create a daily moorage charge; and (3) can result in the
impoundment of the vessel."
ATTACHMENT D
paqe 1 of 2
PLEASE PRINT OR TYPE
REQUEST FOR TRANSIENT MOORING
SEWARD BOAT HARBOR
P.O. BOX l67, SEWARD, AK 99664
(907) 224-3138
VESSEL NAME:
ADFG: AK REG:
VESSEL USE: (circle one) eHARTER PLEASURE
OVERALL LENGTH: BEAM: DRAFT:
TYPE OF VESSEL: (circle one) SAIL MOTOR TUG
HULL MATERIAL: (circle one) FIBERGLASS WOOD
FUEL: (circle one) GAS DIESEL MOTOR
MAKE: COLOR:
REGISTERED OWNER:
ADDRESS:
STATE:
WORK PHONE:
BILL TO, IF DIFFERENT FROM
ADD:
ZIP:
DOC. NO.:
PERMIT NO:
COMMERCIAL
GROSS TONS:
LCM SKIFF TRI-HULL
STEEL ALUMINUM RUBBER
SAILOR SAIL ONLY
VHF/CB #'5
RESEARCH
CITY:
ZIP:
ST:
HOME PHONE:
WORK PHONE:
I HAVE READ THE NOTICE ON THE REVERSE OF THIS APPLICATION BEFORE SIGNING.
SIGNED:
(reqistered owner/operator/aqent
DATE:
***************************************************************************
FOR OFFleE USE ONLY
ACCOUNT NUMBER:
PAID THRU:
COMMENTS:
(OVER)
.
.
.
ATTACHMENT D
page 2 of 2
NOTICE: READ BEFORE SIGNING
COMPLIANCE WITH REGULATIONS
"I hereby accept mooring space in the Seward Municipal Harbor
for the boat described on the reverse side of this form. I agree
to comply with all regulations as set forth in Chapter 5 of the
city of Seward Code Book governing mooricg and use of facilities in
the harbor. Should I violate this agreement, posted regulations or
pertinent City provisions, my agreement may be terminated by the
eity, and the City may remove my boat from her mooring space at my
risk and expense and retake possession of the mooring space."
"I also understand and agree that for proper operation of the
harbor, the city may move my boat from one space to another at the
discretion of the Harbormaster. It is also agreed that should I
sell or part with possession of the boat covered under this permit
I shall notify the Harbormaster of same. Any unused prepaid
moorage will be refunded as prescribed by the City's comptroller
from the date of notification to the Harbormaster's Office. I also
understand that prepaid moorage is not transferrable to a new owner
of the vessel.
LIABILITY OF BOAT OWNER
"I agree to and understand that the eity does not accept boats
for storage, shall not be held liable in any manner for the
safekeeping or conditions of the same, and is not responsible
therefore as a warehouseman. The relation between the parties is
simply that of a landlord and tenant. The city is not responsible
or liable for any damage or loss to or of such boat, its tackle,
gear, equipment or property, either upon such boat or upon the
premises of the City, from any cause whatever, or for injury to the
tenant or invitees occasioned by any cause upon the harbor premises
or adjacent thereto."
'tt
PAYMENT OF FEES
"I agree to pay moorage charges and fees for any other service
which I, or my agent designated above order, or without order, as
may be necessary in an emergency to protect the harbor facilities
and/or my boat from damage. I hereby agree that unpaid charges
shall become a lien against the boat and hereby confess judgement
for same, plus whatever costs and attorney fees may be incurred in
the collection."
"I understand moorage fees, copy atti1ched hereto, are due in
advance. Mooragc \..'i IJ be paid either on a daily, six month or
annual b.lsis and \"ill ue due' u)Jnn clltry t.O the l1arbot-. I also
understand thill. f ,\1 1111-" to PilY in ad\'.lll'.:(' ',. ~ 11 automiltica 1]') ,',' i'. (>
d (Li11y !T1()Ol-tFl(~ c!;.~rl;" lnd ,'~,ln l-c~~lJl1 ~t. t~. l'~!""'iFJI~r>:1t- ',\~ :1;('
v ( ':~~;, I . tI
ATTACHKENT E
paqe 1 of 1
N~
j>4(
Boat Lift Use Agreement
I agree to be available and on the site during any moving of the boat. I also understand that this is an equipment rental agreement only. The
City is not acting as a subcontractor and assumes no liability for injuries or damages arising out of the use of the boat lift. The renter will
defend and indemnify the City for any such claims made against it. Further, the City is not responsible for any damages to, or caused by,
any boat being lifted or transported regardless of whether the damage was caused by the City's negligence or otherwise.
I understand the charges to be made for this work and agree to pay same in advance of the work requested.
Date:
Signature:
Mailing Address:
For Office Use Only
Name:
Date: Out:
Owner 0
Operator 0
Agent 0
In:
Boat Name:
AK Number:
Length:
The Above Listed Boat is to Be:
Removed from water to
Placed into water from
If Other. so state:
Lift Out
Operator( s):
Hours:
Regular:
Overtime:
Lift In
Or~rat(\rI')'_____u____.__~~__
Hl1ur...
Regular:
(), ,'n lIP'"
.
.
.
ATTACHMENT F
Page 1 of 1
VESSEL SHIPLIFT USE APPLICATION
A lift of the following vessel is requested at the
shiplift system of the City of Seward, Alaska,
By: Of: On:
(Authorized Individual (Agency Firm) (Date)
Owned or/
For: Operated by:
(Vessel Identification) (Firm)
For
(Description of repairs)
To Arrive on: As Voyage No.
(Estimated Hour/Date)
To Depart on: As Voyage No.
(Estimated Hour/Date)
Vessel Length Overall:
Terminal Use Permit Holder Responsible for this Lift:
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
NOTES AND CONDITIONS
Acceptance of this lift application by the City of Seward does not
guarantee the applicant a lift. This application is subject to the
rates, regulations, rules and terms of the terminal tariff and to the
timely filing of the Statement of Financial Responsibility provided
and incorporated herewith as supplement to this application. Use of
the lift is committed consistent with the Seward Marine Industrial
Center Shiplift System Tariff No. 1 and the attached memorandum
outlining the city's berthing policy.
. . . . . . , . . . . .
For Port Use Only
Time/Date:
Application Received: By:
Application Approved: By:
Lift Assigned:
Special Handling or Equipment Required:
Time/Date:
ISSUED: 04/09/90
EFFEeTlVE: 04/20/90
ATTACHMENT G
paqe 1 of 2
SUPPLEMENT TO VESSEL SHIPLIFT USE APPLICATION
VESSEL: LOA:
VESSEL OWNER/LINE:
VESSEL CHARTERER:
LOAD: (All relevant .factors to
balance or lift instructions).
Fuel
Ballast
Water
Cargo:
Type
ETA:
ETD:
assure proper lift including special
Location of fuel
Locations
Locations
Location
Weight
Location
Weight
DESTINATION BERTH:
DATE:
CATEGORY OF CHARGES
PARTY RESPONSIBLE ESTIMATED
FOR PAYMENT DOLLAR AMOUNT
FOR PORT
USE ONLY
1. Lift fee ft x $
(1ft. charge) (1 ength)
2. Lay rate x $
(daily rate) (estimated days)
3. Water $
4. Total Estimated Charges: $
5. Miscellaneous
Pursuant to the Instructions set forth in the Conditions of Docking
and Shiplift System Use form, the unders~gned hereby seeks the
arrangement of lifting facilities on behalf of the above-named vessel.
and attests to the accuracy of the information provided to the extent
set forth in paragraph C of the Conditions and Lifting:
Date:
, 19_
(Permit Holder)
By:
(As Agent Only)
ATTACHMENT H
page 1 of 6
SEWARD MARINE INDUSTRIAL CENTER
SHIPl.IFr SYSTEM USE PERMIT
.
Name of Operator:
Address:
Phone:
Date of Application:
Date of Approval:
RULES GOVERNING OPERA nON OF SHIPLIFT SYSTEM
1. SCHEDULING.
.
A. All scheduling and Rules of operation in the
City of Seward Port aod Harbor Tariff ("the Tariff') as filed with the Federal
Maritime Commission shall apply to this a~eement.
B. The Oty will attempt to meet requested lift schedules. Ufts will be
performed at such time as the Oty, in its sole discretion, may elect, and return of a vessel
to the water shall similarly be accomplished at such time as the Oty, in its sole discretion,
may elect. Vessels late for scheduled lifts in excess of () hours
will be subject to reschedule at the harbormaster' 5 discretion.
C. No scheduling may be done by telephone. All applications for a lift
must be made in writing and on the form provided in the Tariff.
D. The owner or captain of a vessel must sign the request for a lift and
consent to be bound by the terms of this permit and all applicable harbor rules and
regulations prior to the lift.
E. Permit holder agrees that the'Oty shall not be liable to permit holder
or others for any damage or loss (including without limitation, business or other
consequential clamages) by virtue of the scheduling of the lift. any delays in the
operations, or any failure to lift the vessel by virtue of equipment malfunction or other
cause, except for those damages directly caused by the Oty's own negligence.
2. TERM. This permit will be effective on and only
after compliance with aU the provisions of Paragraph 6. [Paragraph 6 contains the
insurance provisions.l This permit is subject to and governed by the Gty of Seward
Port aod Harbor Tariff as filed and amended from time to
.
SHIPLIFT SYSTEM USE PERMIT
AMENDMENT NO.3. ISSUED: 09f2&92
EFFE CTIVE: H11 s..qz
ATTACHMENT G
paqe 2 of 2
SUPPLEMENT TO VESSEL SHIPLIFT USE APPLICATION (CONTINUED}
ACCEPTANCE OF FINANCIAL RESPONSIBILITY FOR PAYMENT
In connection with the Vessel Docking and Shiplift System Use
Application dated , 19___, the undersigned hereby accepts
responsibility, on its own behalf, for payment of the charges listed
under the line items as designated below which correspond with those
designated in the above Supplement to Vessel Docking and Shiplift
System Use Application, in a maximum amount not to exceed 125% of the
aggregate estimated dollar amount shown above for the relevant line
items, or 125% of such other sum as the City of Seward, after review
and revision of such estimates, has provided to the undersigned in
writing, in which latter case a copy of such writing is physically
attached hereto.
LABOR:
Up-lift (out of water)
(men at regular overtime rate)
Down~lift (return to water)
(men at regular applicable rate)
CATEGORY OF PORT CHARGE LINE ITEM(S)
(Name of Company)
No. FOR PORT U~~
~:
(Authorized Signature)
CATEGORY OF TERMINAL CHARGES LINE ITEM(S)
(Name of Company)
No. FOR PORT USE
By:
(Authorized Signature)
ATTACHMENT H
paqe 2 of 6
time with the Federal Maritime Commission and is not intended to grant an exclusive
. preferential use of a public facility.
The term of this pennit shan expire on . No holder of a
permit shall have any preferential right to obtain a new or renewed permit, nor to
continue any terms and conditions of an existing permit beyond the original term thereof.
Upon the termination of this permit for any reason, including the expiration of the term,
Permit Holder will comply with all the provisions of Paragraph 13 [termination].
3. CHARGES. Ufts will be charged in accordance with the rates, charges, rules
and regulations of the tariff. Daily charges shan continue until the vessel has been
released to the water from the shipUft system and all of the system has been cleared of
all equipment and blocking, trash and debris, and it is ready to receive another vessel.
4. PAYMENT.
A. Vessel Fees. It is the responsibility of the Permit Holder to pay all
charges including lift fees, daily lay charges, and service charges. The City will not collect
charges from customers of the Permit Holder.
.
5. INTERRUPTION OF WORK. At the harbormaster's discretion, vessels on
the shiplift system may be removed when it is in the public interest. In making his
determination, the harbormaster shall consider such factors as:
A. Other vessels have priority due to the nature of their use, ~ Coast
Guard or other life-safety equipment, and
B. In an emergency situation where, in the opinion of the harbormaster,
loss of property can be minimized by rescheduling.
It is agreed and understood that all operations of public facilities are subject to
interruption, when in the public interest, and that the permit holder will bear the entire
risk of loss for such interruptions.
. 6. INSURANCE. This permit will not become effective until such time as the
City of Seward has received the following:
A. A policy or policies of insurance with the fonowing coverage limits:
1.
2.
3.
General liability
Ships Repairers Legal
Workers' Compensation
Harbor Workers' and Longshoremen's
Compensation Act
$2,(XX} ,(XX)
S2,(XX} ,(XX)
Statutory
.
,- .-r
~.. E ](._~ I~C2
ATTACHMENT H
paqe 3 of 6
B. A detennination by the City of Seward insurance broker that tht'-
insurance offered by the Pennit Holder is of such type and has such provisions as wi
permit it to serve as the underlying coverage for any city excess policy and an
acknowledgement from that broker that the city excess policy or policies will be in effect
during operations by the Permit Holder. [NOTE TO PERMIT APPLICANT: This
means that a binder for insurance is probably NOT sufficient to obtain this permit. You
will need to coordinate your insurance coverage with the city's broker.)
C. All insurance policies shall provide for thirty (30) days' notice of
cancellation and/or material change to be sent to the City. All insurance policies shall
contain the following or equivalent clauses:
1. The City, its officers, employees and agents are added as
additional insureds as respects operations of the named insured. performed under the
tenns of the Interim Use Permit with the City.
2.. It is agreed that any insurance maintained by the City shall
apply in excess of, and not contribute to, insurance provided by this policy.
D. All of the required insurance policies shall provide that the insurers
waive their rights of subrogation against the City and its respective officers, servants,
agents of employees. Pemit Holder further agrees to waive, and agrees to have its -
insurers waive, any rights of subrogation with respect to deductibles under such polici~
and with respect to damage to equipment. including the loss of the use thereof, whether
insured or not
E. The general liability endorsement, Ship Repairers Legal Endorsement,
and Workers' CompensatiorVEmployers Uability Endorsement shall be in substantially
the fonn of those forms attached hereto as Exhibits A, Band C.
F. This permit may be canceled at any time by the City and will
automatically cancel, without notice from the City, if the insurance policies required
above are canceled for any reason.
7. PREPARATION OF VESSEl.; LOAQJNG AND UNLOADING. The City
shall operate only the shipUft mechanism and the lateral rail transfer system. The Permit
Holder shall design and provide all blocking cradles and other materials necessary to
prepare the vessel for lifting. All blocking and other activities requisite to lifting the
vessel shall be performed, inspected and directed by the Permit Holder. The City retains
the overseeing rights to inspect the design and workmanship solely to assure that the
blocking system does not pose a potential to damage the shiplift system. If such a
possibility exists, the City may refuse to lift the vessel. There is no requirement for the
City to perform such inspections, and, by performing an inspection, the City does not
SHIPLIFT SYSTEM USE PERMIT
AMENDMENT NO.3, ISSUED: 09128R2
r:FFElJlYF )(.1"> Q2
ATTACHMENT H
paqe 4 of 6
.
release the Permit Holder of any responsibilities or liability. The vessel is to be removed
and guided onto the lift, aligned on the vessel blocking and subsequently removed from
the lift under the direction of, or by, the Permit Holder. The City will operate the lift
according to the direction of the Permit Holder, subject to the overriding right to stop the
lift operation if it f€€ls there is a possible hazard to the facility or vessel.
.
8. PERMIT HOLDER CRADLE AND EOUIPMENT. Pennit Holder shall be
responsible for supplying all equipment and materials to move vessels from the syncrolift
shiplift system through the transfer system and to a repair berth. All vessel movement
shall be by means of a rail-mounted ship cradle system and suitable towing system. The
cradle and towing system and any repair berths, including rails on land leased from the
City, must be certified as meeting acceptable engineering standards for syncroliftlrail
loading and must meet annual Lloyd's registry class rating (Section 4, Lloyd's Register
of Shipping, 1981 - mechanical lift docks) by an independent surveyor acceptable to
Lloyd's prior to any use on the synaolift/rail transfer system. The cradle system (and the
towing device, to the extend required. by classification or inspection societies) must be
inspected and recertified in accordance with the requirements of Lloyd's Oassification
Society as a condition precedent to continued use of the shiplift system by Permit Holder.
The City of Seward may, at its discretion, refuse to allow use of Permit Holder's cradle
and/or towing system if the Oty of Seward. has any reasonable doubt as to the structural
fitness of the cradle system for use on the synaoliftlrail system. Such refusal shall remain
in force until Permit Holder demonstrates to Oty's satisfaction that the cradle is fit for
such use.
9. UTILITIES. Arrangements for use of water and electrical outlets must be
made through the harbor office. Costs for utility hookups shall be those specified in the
Tariff.
10. MAINTENANCE OF FACILITIES. The City will perform maintenance and
repairs of the mechanical, electrical and structural systems of the shiplift system. The
City shall not maintain, or repair, any equipment of Permit Holder including any ship
cradle and towing system. The Oty shall not be responsible for maintenance or repairs
to any repair berth rails located on leased land. The Permit Holder will take all necessary
measures to protect the shiplift system and adjacent rail and transfer facilities and
equipment from damage, exposure to paint or other contaminates. All areas utilized by
the Permit Holder will be maintained, dean and orderly, free of trash and debris. The
Permit Holder is specifically prohibited from drilling, welding or otherwise damaging any
structural steel, rails or miscellaneous steel fixtures ot the shiplift system, or doing
anything which damages, or will damage, the shiplift system. Any damage to the
facilities will be repaired or replaced at the Pennit Holder's expense. The repair work
may be accomplished by the Permit Holder or others at the City's discretion.
.
SHlPUIT SYSIT\~ '-SF PER.1vITT
."..iF......nMENT ~o ;. !"SC'ED' ()Q,"2J',.o:'
EFFECfT\T ",: ',"2
ATTACHMENT H
page 5 of 6
11. ~. Should the Permit Holder fail to dear the entire shiplift syste~ -
including platform, dock and breakwater of all supplies, equipment and stores Up0
completion of work on a vessel, the City may dear the area and bill the Permit Holder
for all expenses incurred.
12. WSCEUANEOUS. This is the entire permit and is to be interpreted and
applied by the harbormaster in order to further the public interest of maximizing use and
effidency of the shipUft system. This Agreement may be modified only in writing. If any
permit holder contests any decision made by the harbormaster, the exclusive remedy
shall be to the City Council, which shall be the final judge of any dispute. This
Agreement form may be filed by the City of Seward with the Federal Maritime
Commission and other agencies.
13. U:~A TlQN. The Qty may terminate this Permit at any time for
convenience, upon delivery of written notice to the Permit Holder thirty (30) days prior
to the date of intended termination. If the Permit is terminated for convenience, the
Permit Holder shall promptly complete any work underway and dear the shipUft system
of its equipment, buildings and supplies. All necessary site dean-up, repair of the shiplift
system or other obligation required by this Permit will be completed prior to the
termination date.
The City may terminate this permit for failure to promptly pay when due any fee _
or charge required by this Agreement The Oty may terminate this Permit for any cause
including failure to pay any amounts due, by giving the Permit Holder thirty (30) days
notice prior to the termination date, except it may be terminated immediately if the
Permit Holder's operations pose a danger to the shipUft system or are violations of state
or federal permits, or if the insurance polides required in Paragraph 6 are canceled or
have lapsed for any reason. If the Permit Holder fails to correct its operations to the
satisfaction of the City, the Oty may dear the area of vessels and the Permit Holder's
equipment and supplies, and bill the Permit Holder for all expenses incurred. When
terminating for cause, the Oty assumes no obligations to complete the repairs to any
vessel that may be on the shiplift system, except those necessary to enable safely moving
it to a moorage, and such repairs shall be at the expense of the Permit Holder.
PERMIT HOLDER
CITY OF SEWARD, ALASI<A
By:
Its:
By:
Its:
SHIPUIT SYSTI.M USE PERMIT
AML"-'DME"-'" ~o 3. !SSl to' OQ/2.&"12
EFFEc~', E' l(} '5.02
ATTACHMENT H
Page 6 of 6
ArrEST:
.
Unda S. Murphy, CMO'ME
City Oerk
STATE OF ALASKA )
) 55.
3RD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of ,
19 , before me, the undersigned, a Notary Public in and for the State of Alaska,
personally appeared ,
known to me and to me known to be the individual named in and who executed the
foregoing document, and he acknowledged to me that he signed and sealed the same as
his free and voluntary act for the uses and purposes therein set forth.
WITNESS my hand and notarial seal the day and year first hereinabove written.
.
NOTARY PUBUC in and for Alaska
My Commission Expires:
.
SHIPUFT SYSTEM USE PERMIT
AMENDMENr NO.3, ISSUED: 0912.&92
EFFECTIVE: lQilYn
ATTACHMENT I
Page 1 of 12
TERMINAL USE PERMIT
Port of Seward
City of Seward
ALASKA, and
THIS AGREEMENT made and entered into this day of
,19 ,by and between the CITY OF SEWARD,
WHEREAS, the City of Seward operates certain marine terminals
suitable for cargo handling at the Port of Seward on a nonexclu-
sive basis.
NOW, THEREFORE, the parties agree as follows:
Section 1. Definitions.
A. "Car loading or unloading" means the movement of cargo
from the marine terminal to, on, or into trucks, trailers, semi-
trailers, or another place on the marine terminal.
B. "Check" or "checking" means the inspection of cargo to
determine its quantity, condition, or destination, the consignee's
identity, and the accuracy of billing.
C. "Direct loading or unloading" means the movement of
cargo between a vessel and another vehicle or vessel used for
transportation.
D. "Handling" means the movement of cargo between a vessel
and the first place of rest on the marine terminal.
E. "Longshore services" means any act of car loading or
unloading, direct loading or unloading, handling or storing of
cargo.
F. "Marine dock" means wharfs and access ramps, and any
equipment which is permanently affixed thereto.
G. "Marine terminal" means the docks, yards, and related
facilities which comprise the Port of Seward.
H. "City" means the City of Seward, Alaska.
I. "Permittee" means
J. "Port" means the city docks and terminal facilities
owned by the City of Seward at Seward, Alaska.
K. "Harbormaster" means the harbormaster of the City of
Seward or his designee.
Section 2. Term.
This permit shall become effective on the ____ day of
19___, and shall expire when any of the insurance policies
required by this permit are cancelled or have lapsed for any
reason. Expiration or termination of the Permittee's authority
to use the marine terminal shall not affect the parties' contin-
uing obligations under this permit.
Terminal Use permit/Page 1 of 8
032390
ATTACHMENT I
paqe 2 of 12
.
Section 3. Notices.
Any notice provided for herein shall be given in writing and
transmitted by personal delivery or prepaid first class registered
or certified mail to the parties at the following addresses:
City:
Harbormaster
City of Seward
P. O. Box 167
Seward, Alaska 99664
Permittee:
Notice sent by mail shall be considered given 48 hours after
mailing; provided, however, that if notice sent by mail is also
sent by telex or facsimile, such notice shall be considered given
upon dispatch of the telex message or facsimile if sent any time
during normal business hours of the City of Seward administrative
offices and prior 'to expiration of the 48-hour period after .
mailing. Telex or facsimile messages shall be sent to the parties
at the following numbers:
City:
Attn: Harbormaster
City of Seward
P. O. Box l67
Seward, Alaska 99664
Facsimile: (907) 224-3248
.
Permittee:
Section 4. Responsibilities of City.
During the term of this permit the City shall:
A. use its best efforts to provide dock facilities at the
Port upon which the Permittee may conduct longshore services as
set forth herein;
B. designate areas consistent with Port operation in which
the Permittee may park and store vehicles and equipment related
to its activities at the Port; and
C. reasonably provide for the removal of snow and ice from
the dock and storage yard.
.
Section 5. Responsibilities of Permittee.
During the term of this permit the Permittee:
A. May perform longshore services at the marine terminal
In accordance with the terms of this permit.
Terminal Use Permit/Page 2 of 8
032390
ATTACHMENT I
paqe 3 of 12
B. Shall furnlsh all personnel, equipment, supplies, and
dunnage necessary to its performance of longshore services under
this permit.
C. May store cargo on City property only in those areas
designated by the harbormaster for the purpose and in a manner
approved by the harbormaster.
D. At all times other than those when the Permittee is
actually servicing a vessel, it shall keep all port facilities it
uses pursuant to this permit clean and clear of its personnel,
equipment, cargo, debris, dunnage, and other material. If the
harbormaster determines that the Permittee has failed to perform
as required by this subsection, the harbormaster may direct the
Permittee to secure a labor force to so perform at the sole
expense of the Permittee and the Permittee shall do so
immediately. If the Permittee fails to commence such performance
within 24 hours. after notice from the harbormaster, the harbor-
master may arrange for such performance at the sole expense of
the Permittee and the Permittee shall pay those expenses before
performing further longshore services pursuant to this permit.
E. The Permittee may leave its equipment or vehicles or
its employees' vehicles only in those areas designated by the
harbormaster for such purposes. The Permittee assumes the risk
for any damage that may be sustained by such equipment or
vehicles at the Port except for that caused by the City's own
negligence.
. F. The Permittee shall have absolute control of and
responsibility for the actions of its employees.
Section 6. cooperation.
A. This permit is a nonexclusive authority for the
Permittee to perform the services set forth in Section 5 and the
Permittee understands that similar authority may be held by
others. The Permittee shall cooperate with all other persons
authorized to work at the Port. The harbormaster may order the
Permittee to schedule its activities so as to accommodate the
work of other persons and the Permittee shall comply with such an
order. The harbormaster may arrange for or change berthing
schedules of vessels in order to maximize public use of the Port
facilities. Permittee agrees to provide the harbormaster with
advance notice of work or berthings whenever possible and to
cooperate with and abide by the harbormaster's scheduling of use
of Port facilities.
B. Neither Permittee nor its agents, officers, employees
or personnel shall intentionally interfere with or hinder the
work of other persons authorized to work at the Port nor shall
they move. remove, use, deface, damage, destroy or alter any
equipment, vehicles, materials. or cargo owned by or under the
control of any other person authorized to work at the Port.
Section 7. Checkinq Services.
A. The Permittee shall check all cargo which it loads,
unloads, or handles and prepare allover, short, and damage
reports as may be required by a shipper, carrier, or consignee.
Terminal Use permit/Paqn 3 of 8
ATTACHMENT I
Page 4 of 12
.
B. The Permittee shall be solely res?onsible for all
apparent damage or pilferage suffered by cargo checked by the
Permittee and not recited in Shipside, execution, final over,
short, damage, or unloading reports, except for such damage as is
caused by the negligence of the City.
C. Except only for damage caused by the negligence of the
City, the Permittee shall be solely liable for all errors in its
delivery of cargo as a result of improper checking or completion
of any report listed in subsection B. of this section.
.
Section 8, Facility Damage.
A. The Permittee or its personnel shall not deface, damage,
destroy or alter any portion of the Port facility or equipment.
B. The Permittee shall give immediate verbal notice to the
harbormaster if he should become aware of defacemen~, damage,
alteration, or destruction to any part of the Port facility,
regardless of the cause. The Permittee shall also submit written
notice of such an event to the harbormaster within 24 hours
thereafter. Both the verbal and written reports shall fully
describe the incident, including the nature of the harm, how it
occurred, the identity of all persons involved and all witnesses
to the incident.
C. If caused by Permittee or its personnel, Permittee may
repair or replace such damage, destruction, or alteration at his
own expense and by means of his own work force if he pledges to
do so within 24 hours after the incident and proposes a schedule
of performance satisfactory to the harbormaster. If the Permittee
fails to give timely notice to the harbormaster as required by
this section, he shall no longer have the right to repair or
replace such damage, destruction, or alteration and the harbor-
master may proceed to so perform. The Permittee shall pay the
City for the cost of repair or replacement plus 25\ administration
overhead costs within 15 days after presentation of a bill by the
harbormaster. The Permittee shall pay any bill submitted in
accordance with this section before performing further longshore
services under this Permit.
Section 9. Work Conditions; Labor Contracts.
A. The terms of each current labor agreement, if any,
between the Permittee and others who perform longshore services,
including any amendments made during the term of this permit,
shall govern hours of labor, overtime compensation and other
working conditions for the Permittee's longshore workers.
B. The Permittee shall provide the Port Director with a
copy of any labor agreement described in the preceding paragraph.
The Permittee is not required as a condition of this Permit to
enter into any labor agreements.
.
Section 10. Nondiscrimination.
In performing its duties under this permit, the Permittee
may not discriminate against any person on the basis of race,
Terminal Use Permit/Page 4 of 8
ATTACBHENT I
paqe 5 of 12
creed, color, religion, national orlgln, age, sex, marital status.
physical or mental handicap.
Section 11. Permits, Laws and Taxes.
A. The Permittee shall acquire and maintain in good
standing all permits, licenses, and other entitlements necessary
to its performance under this permit, including any necessary
filings with the Federal Maritime Commission. All actions taken
by the Permittee under this permit shall comply with all appli-
cable statutes, ordinances, rules and regulations. The Permittee
shall pay all taxes pertaining to its performance under this
Permit.
B. The Permittee shall observe all rules and signs posted
at the Port, including "No Smoking" signs posted at the marine
terminal and all U.S. Coast Guard Safety Requirements, whether or
not they are posted.
C. Permittee shall comply with all regulations and require-
ments prior to loading, unloading or handling any hazardous chem-
icals, flammable liquids, compressed gases or similar hazardous
materials. The Permittee shall provide notice to the harbormaster
of intent to load, unload, or handle'such materials and shall
provide to the harbormaster copies of all permits required for
such operations by the U.S. Coast Guard, Department of Transpor-
tation, Seward Fire Department, or any other government agency
with jurisdiction over such operations.
D. Operations by Permittee under this Permit shall comply
with all tariffs filed by the City with the Federal Maritime
Commission.
Section 12. Non-Waiver.
The failure of the City at any time to enforce a provision
of this Permit shall in no way constitute a waiver of the
provision, nor in any way affect the validity of this Permit or
any part hereof, or the right of the City thereafter to enforce
each and every provision hereof.
Section 13. Assiqnments.
Except insofar as this Permit specifically permits assign-
ments, any assignment by the Permittee of its interest in any
part of its interest or delegate duties under this Permit shall
give the City the right immediately to terminate this permit
without any liability.
Section 14. Amendment.
The parties may amend this contract only by written agree-
ment, which shall be attached as an appendix hereto.
Section 15. Jurisdiction, Choice of Law.
Any civil action arising from this permit shall be brought
in the Superior Court for the Third Judicial District of the
State of Alaska at Seward. The law of the State of Alaska shall
govern the rights and obligations of the parties under this
permit.
Terminal Use ~ermit/Page 5 of 8
ATTACHMENT I
paqe 6 of 12
.
Section 16. Severability.
Any provision of this permit decreed invalid by a court of
competent jurisdiction shall not invalidate the remaining
provisions of the permit.
.
Section 17. Inteqration.
This instrument and all appendices and amendments hereto
embody the entire agreement of the parties. There are not
promises, terms, conditions or obligations other than those
contained herein. This permit shall supersede all previous
communications. representation or agreements, either oral or
written, between the parties.
Section 18. Liability.
The Permittee shall indemnify, defend, save, and hold the
City harmless from any claims, lawsuits or liability, including
attorneys' fees and costs, arising out of loss, damage or injury
to persons or property occurring during the course of or as a
result of the Permittee's performance under this permit, except
for damage caused by the City's own negligence.
Section 19. Risk of Loss.
The Permittee agrees that any equipment, cargo, vehicle, or
other material of any kind which is stored or placed at the Port
is so stored and placed as the sole risk of the Permittee. In
the event that any such equipment; cargo, vehicles or other
materials is damaged or destroyed by any cause other than the
City's own negligence, the Permittee shall not seek compensation
or restitution of any kind from the City.
Section 20. Permit Administration.
The harbormaster shall administer this permit on behalf of
the City.
Section 21. Termination.
Either the City or the Permittee may terminate this permit
at any time for any reason by notifying the other party in ~riting
at least 20 days before the date upon which such termination is
to be effective. Neither party shall be liable to the other
under this permit after the effective date of termination.
Section 22. Disputes.
In the event of a dispute between the parties under this
permit, the harbormaster shall reduce his position to a written
decision and serve a copy thereof upon the Permittee. The
Permittee may appeal the decision by written application to the
city manager within 14 days after receiving the harbormaster's
decision. While the appeal is pending. the Permittee shall abide
by the decision of the harbormaster. The permittee may appeal
the decision of the city manager by written application to the
City Council within 14 days after receiving the city manager's
.
Terminal Use Permit/Page 6 of 8
ATTACHMENT I
Page 7 of 12
decision. While the appeal 1S pending the Permittee shall abide
by the decision of the city manager. The decision of the City
Council shall be final.
Section 23. Insurance.
A. During the term of this permit, the Permittee shall
maintain in good standing insurance described in subsection B. of
this section. Prior to its performance pursuant to this permit,
the Permittee shall furnish the harbormaster a certificate of
insurance in accordance with subsection B. of this section.
B. The Permittee shall obtain:
1. Bodily injury liability insurance in an amount not
less than $500,000 for anyone person and not less than $1,000,000
for anyone accident or occurrence.
2. Standard Workers' Compensation, Social Security,
Unemployment, Employer's Liability Insurance and Longshoremen's
and Harbor Workers' Compensation Insurance as may be required by
state or federal law.
3. Property damage liability, which shall include any
and all property whether or not in he care, custody, or control
of the Permittee, in an amount of not less than $l,OOO,OOO on
acqount of anyone accident.
; C. The insurance obtained pursuant to this section shall
name the City as an additional insured, and provide for written
notice of any termination, cancellation, or expiration of the
insurance to be delivered to the harbormaster no less than 30
days before the effective date thereof.
Section 24. Fire Prevention.
The Permittee shall keep fire lanes clear and maintain fire
control equipment in a readily accessible location.
Section 25. Breach and Remedies.
A. A violation of any of the provisions of Section 6 of
this permit shall be grounds for immediate termination of this
permit upon written notice to Permittee.
B. A violation of any other provision of this permit or of
any conditions imposed upon a voyage permit, and the failure to
remedy the same within 48 hours after written notice to Permittee
of the violations, shall constitute grounds for immediate termina-
tion of this permit.
IN WITNESS WHEREOF, the parties have executed this permit on
the date first hereinabove written.
CITY OF SEWARD, ALASKA
PERMITTEE:
By
eity Manager/Clerk
By
Name:
Date:
Terminal Use Permit/Page 7 of 8
ATTACHMENT I
paqe 8 of 12
Approved as to form:
.
By
Harbormaster
By
Date:
Name:
Date:
.
STATE OF ALASKA ).
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this ____ day of , 19
before me, the undersigned Notary Public in and for the State ~
Alaska, duly commissioned and sworn as such, personally appeared
, known to me and to me known to be
the of the City of Seward, and known
to be the individual named in and who executed the foregoing
document, and he/she acknowledged to me he/she was authorized to
execute the foregoing document by authority granted them in the
Seward City Code of Ordinances for said City and for the uses and
purposes therein set forth.
IN WITNESS WHEREOF, I have hereunto set my hand and official
seal the day and year first hereinabove written.
Notary Public in and for Alaska
Ky commission expires:
STATE OF ALASKA )
) ss.
THIRD JUDICIAL DISTRICT )
THIS IS TO CERTIFY that on this day of , 19
before me, the undersigned Notary Public in and for the State of
Alaska, duly commissioned and sworn as such, personally appeared
, known to me and to me known to be
the individual named in and who executed the foregoing instrument,
and he acknowledged to me that he did sign and seal the same as
his voluntary act and deed for the uses and purposes therein
mentioned.
.
IN WITNESS WHEREOF, I have hereunto set my nand and official
seal tne day and year first hereinabove written.
Notary Public in and for Alaska
My commission expires
ATTACHMEHT I
paqe 9 of 12
GENERAL LIABILIT'f ENDO~
CITY OF
("t:he City")
ATI'N:
A. POLICY INFCBfATION
1. Insurance Company
2. Policy Tem (from)
Endorsement Effective Date:
3. Named Insured
4. Address of Named Insured:
5. Policy is
(claims made)
6. If claims made:
; Policy No.
to
or
(occurrence )
Retroactive. date:
; Is tail coverage afforded
7. Limit of Liability Any One Occurrence $
~..egate $
8. . Deductible or Self-Insured Retention (Nil lmless otherwise
specified): $
B. POLICY AMI!:NIJ4ENTS
This endorsement is issued. in consideratica of the policy premium.
Notwi thstan:iing arrf inconsistent statement in the policy to which this
endorsement is attached or arrf other endorsement attached thereto, it is
agreed as follONS:
1. INSORED. TIle City, its elected or appointed officials, enployees
and volunteers are included as insured with regard to damages and
defense of claims arisirg fran: (a) activities performed by or on
behalf of the Named Insured, (b) products and canpleted operations
of the Named Insured, or (c) premises omed, leased or used by Named
Insured .
2. CON"l"RIBUl'ION M:Jl'~. As respects: (a) work performed by the
Named Insured for or on behalf of the Ci ty; or (b) products sold by
the Named Insured to the City; or (c) premises leased by the Named
Insured fran the City, the insurance afforded by this policy shall
be primary insurance as respects the Ci ty, its elected or appointed
officials, employees or volunteers; or stan:i in an unbroken chain of
coverage excess of the Named Insured's scheduled underlying primary
coverage. In either event, any other insurance maintained by the
City, its elected or appointed officials, employees or volunteers
shall be excess of this insurance and shall not contrlb.1te wi th it.
.
.
.
ATTACHMENT I
paqe 10 of 12
Gener<1l t., lL L : L ty C:nd<)rs,'m~n~
Page 2
3. SCOPE OF a:JVERAGE. The policy: (1) if primary. affords coverage at
least as broad as forms currently in use as approved 'r:rj the State of
Alaska Division of Insurance; and (2) if excess, affords coverage
which is at least as broad as the primary insurance forms reference
in the preceding section (1).
4. SEVERABILI'lY OF n.-J:~r. The insurance afforded by this policy
applies separately to each insured who is seeking coverage or
against whan a claim is made or a suit is brought, except with
Iespect to the Canpany's limit of liability.
5.. FRJYISI<JiS RmARDn<<; mE INSURED'S uUrJ&i APTER 'Au.;.Lur;dT CR LOSS.
Arty failure to CDq)ly with reporting provisioos of the policy shall
not affect coverage provided to the City, its elected or ~inted
. officials, eqlloyees or volunteers.
. 6. C'.Al<<2LLATICIf lIJ'l'ICE. The insuranc:e afforded by this policy shall
not be suspeOOed, voided, cancelled, reduced in coverage or in
limits except after thirty (30) days I prior written notice by
certified mail return receipt requested has been given to the City.
Such notice shall be addressed as shoN1 in the heading of this
endorsement.
C. SIGNAmRE OF INSOR!R CR AlJ'l1DUZED ~ATIVE OF mE Ih;)u1Wt.
(print/type name), warrant that
I have authority to bind the below-listed insurance canpmy and, by ~
signature hereon, do so bind this canpany.
Signature of:
Authorized Representative (original signature required on
endorsenent furnished to the City)
ORGANIZATION:
TITLE:
ADDRESS:
TELEPHONE:
ATTACBKENT I
paq. 11 of 12
~RKER IS CCM>ENSATION/EMPLOYERS LIABILI'lY ENDORSEMENT
CITY OF
("the City")
A7TN:
A. POLICY' INFlH9Ll'ION
1 . Insurance Conpany
( "the Company");
Policy Number
2 . Effective Date of This Endorsement
3. Named Insured
4. Employer's t.iability t.imit (Coverage B)
B. POLICY' NI!'.tIJtE:NTS
In consideration ot the policy premium and notwi thstanding arrt
inconsistent statement in the policy to which this .erxlorsement is
attached or any other endorsement attached thereto, it is agreed as
follCMS :
1. cancellation Notice. !be insurance afforded by this policy shall
not be suspended, voided, cancelled, reduced in coverage or in
limits except after thirty (30) days' prior written notice by
certified mail return receipt requested has been given to the City.
Such notice shall be sent to the address given in the heading of
this endorsement.
2. Waiver of SUbroQation. !be Company agrees to waive all rights of
subrogation against the City, its elected or appointed officials,
agents an:i employees for losses paid un3er the tems of this policy
which arise fran work performed by the Named Insured for the City.
C. SIGNATURE r2 INSURER eft AIJ'I'H:JUZED REPRESENTATIVE r2 THE INSURER
(print/type name), warrant
that I have authority to bim the below-listed insurance canpany and, by
my signature hereon, do so bim this canpany.
Signature of:
Authorized Representative (original signature required on
endorsement furnished to the City)
ORGANIZATION:
ADDRESS:
TITLE:
TELEPHONE :
.
.
.
ATTACHMENT I
page 12 of 12
PE~ISSION TO REOUEST INSUFWa Pa..ICIES
The City of Seward Is hereby granted permission to request
copies of
Insurance policies
(Company)
from its Broker/Insurance Carrier.
(Broker/Insurance Carrier)
It Is understood that the
(Company)
may revoke this Permission at any time by written notice to its Broker/
Insurance Carrier and to City of Seward; however, such revocation may
affect r-ec:eipt of or continuance of a Shiplift Pl atfonn Interim Use
Penn1t from the City of Seward.
BY:
ITS:
DATE:
ATTACBKEHT J
Page 1 of 2
PREPAYMENT AGREEMENT
This Prepayment Agreement is made and entered into this
day of , 19 , by and between the city of Seward,
Alaska, a municipal corporation located in the Kenai Peninsula
Borough, state of Alaska ("City" herein), and
RECITALS
A. intends to use the City's Dock for the
loading and unloading of
during the 12-month period from
to
B. Pursuant to Subsection 205(e)(2) of the City of Seward
General Terminal Tariff No~ 1, the wharfage provisions of the
City of Seward Tariff, Seward Marine Industrial Center, the
City's discount wharfage rates users who enter into a prepayment
agreement and prepay the tariff rates shall be charged as
follows:
1. On the first 100,000 tons in a l2-month period ONE
DOLLAR AND 50/100 ($1.50) per ton;
2. ONE DOLLAR AND 25/100 ($l.25) per ton on the next
80,000 tons in a l2-month period; and
3. FIFTY CENTS ($.50) per ton on all tons in excess of
180,000 tons in a 12-month period.
AGREEMENT
IT IS THEREFORE AGREED AS FOLLOWS:
1. PreDavment: Use Rate. agrees to pay City
the sum of $ , payable in advance in four equal quarterly
installments on , , and
as prepayment of the tariff wharfage rate for use
of the Dock for the period beginning and ending
City agrees to charge the discount
wharfage rates of $1.50 per ton on the first 100,000 tons, $1.25
per ton on the next 80,000 tons, and $.50 per ton on all tons in
excess of 180,000 tons as invoiced by the City for all
loaded, unloaded or transported by
to or from vessels using the Dock. City shall
credit against the quarterly payments due at the applicable
discount rates. obligation to make quarterly
payments shall cease when the aggregate paid, either by quarterly
payment or invoiced payment, reaches the sum of $
obligation to pay $ shall not be reduced
or avoided if shipments are less than anticipated.
ISSUED' 06/23/9L
EFF!Clf\'f 1)7.01 "9:
.
.
.
ATTACHMENT J
Page 2 of 2
2. Default in Ouarterlv Payments. If fails to
maKe any required quarterly payment to city on the due date, and
such failure continues for five calendar days thereafter, or if
fails to prepay an estimate of the cost of damage
repair submitted by city, then after notice shall no
longer be entitled to the benefit of the discount rates provided
herein, and shall pay all wharfage at the standard rate as set
forth in the tariff.
3. Riqht of citv to ReVOKe Discount Rate: Prepayment
Rebate. City shall have the right to revoke the discount rate.
In the event city revokes the discount rate, shall
be entitled to a prorated rebate of any prepayment.
4. Other Fees and Tariff Provisions. Other fees due the
City under the tariff, and other terms of the tariff are not
affected by this Agreement.
5. Arbitration. The arbitration provisions of and the
City of Seward, Alaska, are incorporated herein by reference.
Arbitration shall' be the exclusive means of resolving any dispute
under this Prepayment Agreement.
6. Supplementation. Modification or Amendment. This
Agreement may not be supplemented, modified or amended in any
manner except by an instrument in writing signed by City and
Date signed:
By
Its
CITY OF SEWARD ("City")
Date signed:
By
City Manager
ATTEST:
APPROVED AS TO FORM:
City Clerk
city Attorney
ISSUED lK<, :3 ~2
EFFFc-rr.'( \)/-('1\ '<r: