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HomeMy WebLinkAboutRes1990-034 . . . Sponsored by: Schaefermever CITY OF SEWARD, ALASKA RESOLUTION NO. 90-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, APPROVING AMENDMENT NO. 1 TO THE SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM TARIFF NO. 1 WHEREAS, by Resolution 90-022, the City Council of the City of Seward approved the Seward Marine Industrial Center Shiplift System Tariff No. 1 for the shiplift system located at the Seward Marine Industrial Center; and WHEREAS, Section 7.10.510 and 7.10.515 of the Seward City Code provide for the setting of charges and fees for the use of harbor facilities and services by council resolution; and WHEREAS, the Seward Marine Industrial Center Shiplift System Tariff No. 1 has been filed with the Federal Maritime Commission as required by law; and WHEREAS, demand for use of the shiplift system since com- pletion of the ship syncrolift platform and rail transfer system has exceeded original expectations; and WHEREAS, the City is the owner of additional repair berth stations adjacent to the shiplift system; and WHEREAS, the City wishes to make those additional repair berth stations available for use by the public; and WHEREAS, it is appropriate to enact rules and regulations to control that operation; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA, that: Section 1. Seward Marine Industrial Center Shiplift System Tariff No. 1 is amended in accordance with the first amendment attached and incorporated herein by reference which is hereby adopted by the City of Seward. Section 2. Amendment No. 1 to the Seward Marine Industrial Center Shiplift System Tariff No. 1 shall be posted and published pursuant to the provisions of Section 2.15.035(d). Section 3. This resolution shall take effect ten days following adoption and shall be filed with the Federal Maritime Commission. -1- . . . CITY OF SEWARD, ALASKA RESOLUTION NO. 90-034 PASSED AND APPROVED by the City Council of the city of Seward, Alaska, this 9th day of April, 1990. THE CITY OF SEWARD, ALASKA fS~.~ Wllllam C. Noll, Mayor AYES: NOES: ABSENT: ABSTAIN: Burgess, Dunham, Hilton, Meehan, Noll, Sieminski, Simutis None None None ATTEST: APPROVED AS TO FORM: Perkins Coie, Attorneys for the city of Seward, Alaska ?~ ~~~'lJ~ Patricia J. Jones Acting City Clerk 7--<<. M~ Fred B. ArVldson City Attorney (City Seal) -2- e or~nal Title Page . CITY OF SEWARD AMENDMENT NO. 1 TO THE SEWARD MARINE INDUSTRIAL CENTER SHIPLIFT SYSTEM TARIFF NO. 1 . Naming Rates, Charges, Rules and Regulations for City of Seward Seward Marine Industrial Center Shipl ift System Located at Seward, Alaska Issued By City of Seward P. O. Box 167 Seward, Alaska 99664 . . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 1 CHECK SHEET FOR TARIFF REVISIONS Changes in this tariff will be supplied from time to time in loose leaf form. Upon receipt of revised or additional pages correction numbers appearing at the bottom left margin of each such page should be checked off against correction number listed below. If all corrections are correctly checked on receipt, checks should be consecutive with no omissions. Should interruption in sequence be noted, request for missing corrections may be directed to the city clerk. Correction Page Correction Page Correction Page Correction Page Number No. Number No. Number No. Number No. 1 . . . . Title Page 16 31 46 2 . . .. ... . . 2 17 32 47 3 . . . . . . . . . 5 18 33 48 4 . . . . . .. . . 7 19 34 49 5 . . . . . . . . . 8 20 35 50 6 . . deleted 9 21 36 51 7 . . . . . . . . .9-41 22 37 52 8 23 38 53 9 24 39 54 10 25 40 55 11 26 41 56 12 27 42 57 13 27 43 58 14 29 44 59 15 30 45 60 ISSUED: 04/09/90 EFFECTIVE: 04/20,/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4Ioriginal Page 2 TABLE OF CONTENTS Subsection Check Sheet for Tariff Revisions N/A N/A Table of Contents Explanation of Abbreviations Which Appear in Tariff . . . . . . . . . . . N/A SECTION I - GENERAL RULES AND REGULATIONS Notice to Public Definitions - General Application of Tariff Insurance Responsibility for Charges, Collection and Guarantee of Charge Liability for Loss or Damage and Indemnity. Rights of City of Seward Shippers Requests and Complaints Delays - No Waiver of Charges Manifests Required of Vessels Berthing. Safety, Sanitation and Housekeeping Responsibility for Property Damage 100 105 115 120 125 130 135 140 145 150 155 160 SECTION II - DEFINITIONS AND CHARGES Lift Fee Lay Charges City Berth Fee Labor and Service Charges 200 210 215 220 SECTION III - CONDITIONS OF DOCKING AND FACILITY USE Vessel Lift Application Supplement to Vessel Lift Application Conditions of Lifting 300 305 310 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 Paqe 1 2 3 4 5 7 9 10 12 15 19 20 21 22 23 25 26 30 31 33 36 37 39 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4Ibriginal Page 5 DEFINITIONS - GENERAL (a) Definitions of Federal Maritime Commission May Control: Unless provided in this tariff, applicable definitions set forth in 46 C.F.R. S 515.6 shall control. (b) CITY DOCKS: The city docks of the City of Seward include all docks, wharves, ramps, piers, bulkheads, and sea walls owned or operated by the City of Seward. (c) SHIPLIFT SYSTEM: The syncrolift shiplift located at the Seward Marine Industrial Center and the adjacent rail side transfer system. (d) CITY REPAIR BERTHS: The city owned and operated rails adjacent to the shiplift system designed for holding vessls on cradles during repairs. Repair berths operated by private companies on land leased from the city are not to be considered "city repair berths" for purposes of this tariff. (e) PERMIT HOLDER: A person or business who has a valid shiplift system permit issued by the City of Seward in the form set forth in Section III of this Tariff. (f) TERMINAL FACILITIES: Terminal 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. (g) POINT OF REST: Point of Rest is defined 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. ISSUED: 04/09/90 Subsection 100 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4Ibriginal Page 7 Subsection APPLICATION OF TARIFF l05 (a) GENERAL APPLICATION OF TARIFF: Rates, charges, rules and regulations provided in this tariff will apply only to persons and vessels using the shiplift system and city repair berths under the jurisdictional control of the City of Seward. The rates, charges, rules and regulations herein do not apply to the Seward Small Boat Harbor, the harbor bounded by the rubble break-water at the northwestern head of Resurrection Bay (Small Boat Harbor) and the terminal facilities covered by the City of Seward General Terminal Tariff No.1. Special terms 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 of facilities subject to this tariff on and after revisions, or supplements thereto. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 8 APPLICATION OF TARIFF (CONTINUED) (c) ACCEPTANCE OF TARIFF: Use of the city shiplift system and city repair berths shall be deemed an acceptance of this tariff and the terms and conditions named therein. (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 rela- tions of all parties concerned. (e) COMPLIANCE WITH CONDITIONS OF DOCKING AND FACILITY USE Use of the shiplift system shall comply with any additional Conditions of Docking and Facility Use set forth in Section III contained herein. Only those operators who have a valid shiplift system use permit shall have access to the shiplift system. Subsection 105 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM"'RIFF NO. 1 ~riginal Page 9 Subsection -- - INSURANCE 115 (a) 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 shiplift system. If the City does acquire any such insurance, the charges for that insurance shall be in addition to the fees described in this tariff. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 10 RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (a) RESPONSIBILITY FOR CHARGES: The permit holder and any vessel, its owner or agents 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 or construction contracts or other conflicting provisions (b) PREPAYMENT, TIME OF PREPAYMENT, ACCEPTABLE SECURITY, REFUND OF EXCESS: All charges for services rendered by the City of Seward for the use of the shiplift system are due and payable in cash in advance of such services or use for all charges attributable to the vessel from the permit holder before a vessel enters the shiplift system. 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 harbormaster, 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 terminal charges, it shall be promptly refunded by the City of Seward to the posting party. Subsection 120 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 tIoriginal Page 11 Subsection RESPONSIBILITY FOR COLLECTION AND GUARANTEE OF CHARGE (CONTINUED) (c) WAIVER OF PREPAYMENT REQUIREMENT The harbormaster, 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 respon- sible for such charges has been identified to the satisfaction of the harbormaster and: 1. The permit holder has established credit worthiness acceptable to the harbormaster; or 2. Adequate security, acceptable to the harbormaster, in an amount equal to 125% of the applicable estimated port charges, has been posted; or 3. The agent requesting terminal services or use or any another entity acceptable to the harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges. The harbormaster retains the right in its sole discretion to determine whether a responsible party or an agent is credit worthy. (d) CHARGES ON DELINQUENT 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 expense, including legal expense, litigation cost, or costs of agents employed to effect collection shall also be assessed to, and payable by, such accounts. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 12 Subsection LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY 125 (a) RESPONSIBILITY LIMITED: No persons other than employees of the holders of author- ized shiplift system permits shall be permitted to perform 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 harbormaster. The City of Seward, its employees and agents, shall not be liable for the injury of persons on the shiplift system, city repair berths, city docks, or terminal facilities, nor shall they be liable for any loss, damage or theft occasioned by such persons' presence on the shiplift system, city docks, 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 fire, frost, heat, dampness, leakage, weather damage, evaporation, natural shrinkage, wastage, or decay, animals, rats, mice or other rodents, moths, weevil or other insects, leakage or discharge from fire protection systems, collapse of buildings or structures (including the shiplift platform), breakdown of plant protection systems, breakdown of plant or machinery or equipment (including any portions of the shiplift system), or by floats or logs, piling or camel logs required in breasting vessels away from any wharf; nor will they be answerable for any loss or damage or delay arising from insurrection, shortage of labor, combin- ations, riots or strikes of any persons in their employ or in the service of others, or from any consequences arising therefrom, except the City of Seward shall be liable for any portion of loss or damage that is directly caused by its 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 construed as an acceptance of any responsibility to inspect or to inspect in any particular manner. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 13 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) The City of Seward, its employees and agents, makes 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 performed or contracted to be performed by such a permit holder is of good and workmanlike quality, or in conformance with industry standards. Vessel owners are advised that the City of Seward is not responsible for and specifically disclaims any liability for work performed or contracted to be performed by a permit holder, except for those damages caused by the city's own negligence. ISSUED: 04/09/90 Subsection 125 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 tlPriginal Page 14 LIABILITY FOR LOSS OR DAMAGE AND INDEMNITY (CONTINUED) (b) INDEMNITY: Each permit holder, user, 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 performance of any obligation to such parties to be performed under the terms 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 for loss or damage directly caused by the city's own negligence. (c) OWNERS RISK Except for loss or damage directly caused by the city's own negligence, the following losses shall be at the risk of vessel owner and permit holder: 1. Glass, liquids, and fragile articles will be accepted only at owner's risk for breakage, leakage or chafing. Freight on open ground is at owner's risk for loss or damage. Freight subject to freezing will be accepted only at owner's risk. All water craft if and 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. Damage to any vessel utilizing the shiplift system. 2. 3. 4. 5. ISSUED: 04/09/90 Subsection 125 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 15 RIGHTS OF 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 FACILITIES The city shall at all times have the right to refuse access to the shiplift system, city repair berths, or any city dock or terminal facility by any person or vessel or to remove any vessel, person or cargo at any time from the shiplift system or any city dock or terminal facility. 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. The vessel is unsafe or hazardous and may pose a risk to life or property. 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 shiplift system, city repair berths, city dock or terminal facilities. During period of congestion, or in cases of emergency, when, in the judgment of the harbor- master, the circumstances then prevailing or likely to occur will prevent the shiplift system, city berths, city dock or terminal facilities, or any portion of them from providing customary services to the public. 2. 3. 4. (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. ISSUED: 04/09/90 Subsection 130 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 16 Subsection RIGHTS OF CITY OF SEWARD (CONTINUED) 130 3. Cargo deemed by the harbormaster, in the reasonable exercise of his discretion, that is offensive, perishable or hazardous. Hazardous cargo must have been prepared for shipment in accordance with the applicable Department of Transportation regulations (including 49 CFR Parts 171-179). 4. Cargo, the value of which may, in the opinion of the harbormaster 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 harbormaster, the circumstances then prevailing or likely to occur will prevent the city docks or terminal facilities, or any portion of them from providing customary service to the public. (c) RIGHT TO SCHEDULE VESSELS AND CARGO In his discretion the harbormaster shall at all times have the right to schedule access to the shiplift system, city repair berths, and any harbor or port facility by any person or vessel or to remove any vessel, person or cargo at any time from the shiplift system, city repair berths, any city dock, or terminal facility in order to provide for efficient operation of the city dock or terminal facilities and promote the objectives of the Seward Municipal Code. (d) RIGHT TO REMOVE, TRANSFER OR WAREHOUSE CARGO 1. Hazardous or offensive cargo. In his discretion, the harbormaster 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 the shiplift system, city repair berths, other cargo, or city dock or terminal facilities. The cargo may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the permit holder, owner, shipper, or consignee. ISSUED: 04/09/90 EFFECTlVE:04/20j90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 17 RIGHTS OF CITY OF SEWARD (CONTINUED) 2. Cargo beyond free time. Any cargo remaining on city dock or terminal facilities after expiration of any applicable free time, may be removed to public or private warehouses, with all expense or removal and risk of loss or damage to be for account of the permit holder and the owner, shipper, consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. (e) RIGHT TO WITHHOLD DELIVERY 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 harbormaster's discretion, any or all of such freight may be placed in public or private warehouse with all cost of removal and subsequent handling and storage for the account of the owner of the freight. (f) RIGHT TO SELL FOR UNPAID CHARGES Freight on which unpaid terminal charges have accrued may be sold to satisfy such charges and costs, pro- vided such sale has 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, providing owner has been given proper notice to pay charges and to remove said freight and has neglected or failed to do so with a prescribed reasonable time. (g) EXPLOSIVES The acceptance, handling or storage of explosives or hazardous material shall be subject to special arrangements with the harbormaster and governed by rules and regulations of Federal, State and local authorities. (h) RIGHT TO REMOVE, TRANSFER, OR REARRANGE VESSELS 1. Hazardous vessels or vessels with hazardous carqo. In his discretion, the harbormaster shall at all times have the right to immed- iately remove any hazardous or offensive vessel, or any vessel containing hazardous Subsection 130 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYST~IFF NO. 1 4IPriginal Page 18 RIGHTS OF CITY OF SEWARD (CONTINUED) cargo, or any vessel or one containing cargo, which by its nature, is liable to damage other vessels, the shiplift system, other cargo, or harbor or port facilities. The vessel may either be removed from its present location to any other location with all expenses and risk of loss or damage to be for account of the permit holder and the owner, shipper, vessel or consignee. 2. Vessel beyond free time. Any vessel remaining at the shiplift system, city dock or terminal facilities after expiration of any applicable free time, may be removed to any other public or private facility, with all expense or removal and risk of loss or damage to be for account of the owner, shipper, consignee, or vessel. (i) RIGHT TO REMOVE MATERIALS OR EQUIPMENT FROM CITY DOCK OR TERMINAL FACILITIES Any materials, equipment, trash, or other items left on or about the shiplift system, city repair berths, or any city dock or terminal facility may be removed by the harbormaster at any time with all expense or removal and risk of loss or damage for the account of the permit holder or the vessel that last occupied the shiplift system or the owner, shipper or consignee or vessel as responsibility may appear on shipping documents, manifests or other sources. ISSUED:04/09/90 Subsection 130 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 19 Subsection SHIPPERS REQUESTS AND COMPLAINTS 135 Requests and complaints may be made by any shipper by filing a written statement with the Harbormaster, City of Seward, P.O. Box 167, Seward, Alaska 99664. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM~IFF NO. 1 4IPriginal Page 20 DELAYS - NO WAIVER OF CHARGES Delays which may be occasioned in receiving, discharging, lifting, or transferring vessels on the shiplift system or city repair berths, as a result of 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 permit holder and the vessel owners, shippers, consignees or carriers from full service and other charges or expenses which may be incurred under conditions stated herein. Subsection 140 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 21 Subsection MANIFESTS REQUIRED OF VESSELS 145 Masters, owners, agents or operators of vessels are required to furnish the City of Seward with complete copies of vessels' manifests showing names of con- signees 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 author- ized official of the company and must also designate the basis weight or measurement on which ocean freight was assessed. In lieu of manifests, freight bills containing all information as required above may be accepted. SHIP'S DOCUMENTS Berthing application signed by permit holder and vessel owner. Fuel Ballast Water Cargo Structural details for lift ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4Ioriginal Page 22 Subsection BERTHING 150 Vessels berthing or departing the shiplift system must use sufficient tugs so that vessel can be berthed or removed in a safe manner. Berthing speed shall not exceed 16-feet per minute, unless approved by the harbormaster. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 tlPriginal Page 23 SAFETY, SANITATION AND HOUSEKEEPING (a) SAFETY AND SANITATION: All users of the shiplift system, city repair berths, city docks and terminal facilities including permit holders of the shiplift system shall exercise due care for the protection of life and property and the public from injury or damage. Additional safety and sanitation rules applicable to the shiplift system should be consulted. Ordinances of the City of Seward of particular relevance include Chapter 9.15 (Fire Prevention and the 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, including those adopted by international treaty, apply to the shiplift system, city docks or terminal facilities. All users, including permit holders, shippers, 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) RESPONSIBILITY FOR HOUSEKEEPING: Users (including permit holders) of the shiplift system, city repair berths, docks and other terminal facilities 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 220 of this tariff. The permit holder shall be responsible to see that all flammable liquids and all hydrocarbons leaked or spilled on the shiplift system and/or 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 the permit holder. ISSUED: 04/09/90 Subsection 155 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM~IFF NO. 1 4IPriginal Page 24 SAFETY, SANITATION AND HOUSEKEEPING (CONTINUED) (c) SMOKING PROHIBITED: No smoking shall be allowed on the shiplift system, any wharf, pier or in any facility, warehouse or transit shed except in approved areas specifically designated for that purpose. Persons violating this rule may be barred, at the discretion of the harbormaster, from the further use of the shiplift system, any wharf or facility and, in addition, shall be subject to prosecution under applicable Federal, State and Municipal Laws. (d) REGULATIONS GOVERNING PETROLEUM PRODUCTS: The transfer of bulk petroleum products shall be made in compliance with City of Seward Code provisions including Chapter 9.15 (Fire Prevention and the Uniform Fire Code), as well as other local, state and federal law, rule or regulation. ISSUED: 04/09/90 Subsection 155 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM~IFF NO. 1 4IPriginal Page 25 Subsection RESPONSIBILITY FOR PROPERTY DAMAGE 160 Users, including permit holders, damaging the shiplift system, city docks or other property of the City of Seward will be responsible for cost of repairs. The permit holder will be billed for repairs to damaged property at cost, including overhead. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 tlPriginal Page 26 SECTION II DEFINITIONS AND CHARGES Subsection LIFT FEE 200 (a) DEFINITION: The lift fee is the charge for lifting a vessel from the water and returning it to the water utilizing the city syncrolift shiplift. (b) LIFT FEE - HOW CALCULATED: The lift fee shall be based upon vessel length. A full lift fee is earned once a lift has commenced, even if that lift is subsequently interrupted, suspended or cancelled for any reason. The risk of loss because of a suspended or cancelled lift by reason of mechanical failure or difficulty with the shiplift system is on the permit holder and the vessel owner. (c) BASIS FOR COMPUTING CHARGES: The lift fee will be determined by on the length-aver-all of the vessel. Length-all-over 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 stern of the vessel, measured parallel to the base line of the vessel. For lift fee purposes, length-aver-all 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 length-aver-all from the vessel's register, or (2) measure the vessel. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 4IPriginal Page 27 LIFT FEE (CONTINUED) ( e ) PREFERENCE TO RESERVED USE: A permit holder may not lift a vessel utilizing the shiplift system without having first made written application for a reservation and without such reservation having been granted. However, priority is given to shiplift use reserved in advance with the harbormaster. Reservations remain effective if such use begins within -hours of the scheduled use. Late use or arrival will be rescheduled on a space available basis. Reservation must specify arrival and departure dates and the nature of the work to be performed. A permit holder may secure a reservation under the following conditions: (1) Request reservation from the harbormaster is made on an Application for Vessel Reservation in the form attached indicating rail and date(s) requested. (2) Reservation request must be received by the harbormaster a minimum of 7 days prior to anti- cipated vessel arrival. (3) Harbormaster will determine availability of space and dates requested. Should scheduling conflicts be found, the harbormaster shall mediate a resolution which will attempt to mini- mize negative impacts on both (or all) parties. ISSUED: 04/09/90 Subsection 200 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM~IFF NO. 1 4Ibriginal Page 28 LIFT FEE (CONTINUED) (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 14 days prior to scheduled vessel arrival. (5) Agreement to work continuously on moving the vessel through the shiplift system utilizing not less than day and early night shifts (1st and 2nd shifts), and equipment to the fullest extent available in accordance with circumstances then prevailing. (f) REPAIRS TO VESSELS ON THE SHIPLIFT SYSTEM: Vessels may not occupy the shiplift system for the purposes of repairs to the vessels. THERE ARE TO BE NO VESSEL REPAIRS MADE ON THE SHIPLIFT 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 permitted to occupy space on the shiplift only with the understanding 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 normal 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 harbormaster or his agents. (g) INSPECTION OF VESSELS ON THE SHIPLIFT PLATFORM: Except in extraordinary circumstances and with the prior approval of the harbormaster, vessels are not to be inspected on the shiplift platform. 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 ship1ift system to a repair berth. ISSUED: 04/09/90 Subsection 200 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTEM~IFF NO. 1 4IPriginal Page 29 LIFT FEE (CONTINUED) (h) NOTICE OF HAZARDOUS CARGO AND PERMIT REQUIREMENT: Notice shall be given to the harbormaster at the time of reservation of the fuel, ballast and any unusual weight distribution or structural requirements for lifting each vessel, and notice shall be given 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 the shiplift system. The harbormaster, at his sole discretion, may issue a permit for shiplift system use if he finds that sufficient precautions have been taken to minimize any potential risks presented by such vessel. (j) DOCKSIDE LAY TIME Dockside lay time may be allowed as scheduling permits. However, all vessels must be removed from dockside within three hours of receiving notice from the harbormaster or his agents. (k) LIFT FEE RATES: 1. The lift fee shall be $10.00 per foot of vessel length. This fee does not include labor charges for operation of the shiplift system as described in subsection 220. This fee does not include the daily lay charge as described in subsection 210. This fee does not include the city berth fee as described in subsection 215. ISSUED:04j09j90 Subsection 200 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 ~riginal Page 30 Subsection DAILY LAY CHARGE 210 (a) DEFINITION: The daily lay charge is applicable to all vessels whether on city repair berths or berths operated by private operators on city-leased land. (b) LAY CHARGE - HOW CALCULATED: Daily lay charges chall 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. A full day shall be charged for any period less than 24 hours. However, 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 lay charges shall be assessed against a vessel regardless of vessel size or length. (d) RATE: The daily lay charge is $200.00 per day or a portion thereof. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYST~IFF NO. 1 ~riginal Page 31 Subsection CITY BERTH FEE 215 (a) AVAILABILITY/DEFINITION: City owned and operated vessel rail berth space is available for public use in accordance with this tariff. The daily berth fee is the charge to a vessel for occupying all or a part of a city owned and operated repair berth. The daily berth fee is in addition to the daily lay charge in Section 210 of this tariff. (b) BERTH FEE - HOW CALCULATED: The daily berth fee shall be based on the number of complete or partial days a vessel is on a city owned and operated rail berth. Each day commences at 12:01 A.M. A full day shall be charged for any period less than twenty-four (24) hours. However, in computing daily berth fees for less than twelve (12) hours, berth fees at one-half (1/2) of one full day's charge shall be assessed. For any time greater than twelve (12) hours and less than twenty-four (24) hours, a full day's berth fee shall be assessed. (c) BASIS FOR COMPUTING CHANGES: The daily berth fee shall be assessed against a vessel regardless of vessel size or length. (d) RATE: The daily berth fee is $100.00 per day per vessel regardless of vessel size or length. (e) VACATING CITY REPAIR BERTH: A vessel on notice to move which refuses to move will be assessed daily berth charges at ten (lO) times the normal 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 other vessels, or shiplift system during such removal shall be charged to the vessel so moved. All vessels using a city repair berth without proper authorization must be removed on receipt of notice from the harbormaster or his agents. ISSUED: 04/09/90 EFFECTlVE:Q4/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 ~riginal Page 32 Subsection CITY BERTH FEE (CONTINUED) (f) INSURANCE OF VESSELS ON CITY REPAIR BERTH: 215 All vessels occupying a city repair berth must be insured in accordance with the provisions of the shiplift permit. Proof of insurance must be provided to the harbormaster prior to arranging for occupancy of a city repair berth. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 "'original Page 33 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 performed by the city personnel in operating the shiplift system for a vessel and for specific services provided by the City of Seward or its agents. Service charges do not include charges for dockage, wharfage, wharf demurrage, and handling. A. Specific Services. The following rates shall apply for services provided by the City of Seward. l. Water provided to vessels a. Connect fee b. 0-25,000 gallons, connect fee plus $ 30.00 75.00 c. 25,000+ gallons, connect fee plus 125.00 2. Electricity (per kilowatt) a. Connect fee b. Electricity (per kilowatt hour) $ 20.00 .20 B. Labor/Personnel. I. When labor is furnished by the city to operate the shiplift system in the normal course of lifting vessels or at the request of a user it is expressly stipulated that the city acts solely as agent of user. The city shall charge for labor provided by the city for the following services: 1) all labor associated with or necessary to the operation of the shiplift system and all services not specifically described in this Tariff; 2) services of cleaning the shiplift system, city docks or terminal facilities of dunnage, stevedore gear, and other equipment or material when the shipper, vessel owner or consignee fails to promptly clear the facility as requested by the harbormaster. Subsection 220 ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 ~riginal Page 34 Subsection LABOR AND SERVICE CHARGES (CONTINUED) 220 3) snow removal performed on the shiplift system outside normal hours of operation and reasonably necessary to accommodate a permit holder's schedule. The city shall have no responsibility under any circum- stances for snow removal beyond the limits of the shiplift system. II. Computation of Labor Rates. Rates named in this tariff for services involving labor are predicated upon straight-time wages for a work day between the hours of 8:00 A.M. and 5:00 P.M. Monday through Friday. When services are performed on Saturdays, Sundays or holidays or when payment or overtime or penalty time wages to labor is necessary, rates are adjusted to include such penalties or differential rates. When a user notifies the harbormaster for labor for a specified time and labor is on the job 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 through no fault of the City. III. Man-hour Rate Schedules. All labor provided by city personnel shall be charged at $33.93/hour straight-time (no premium) and $50.89/hour overtime. Work requiring call-outs shall be charged at a minimum of two hours at the overtime rate. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . SMIC SHIPLIFT SYSTE~IFF NO. 1 ~riginal Page 35 Subsection LABOR AND SERVICE CHARGES (CONTINUED) 220 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 harbormaster 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 determined in paragraph II above) plus 125% of city costs for services arranged for by the city but provided by others. ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . CITY OF SEWARD GENE. TARIFF NO. 1 tIoriginal Page 36 SECTION II I CONDITIONS OF DOCKING AND SHIPLIFT SYSTEM USE Subsection VESSEL LIFT APPLICATION 300 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) Owned or/ For: Operated by: (Vessel Identification) (Firm) (Date) 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 EFFECTIVE: 04/20/90 CITY OF SEWARD GENE. TARIFF NO. 1 ~riginal Page 37 Subsection . SUPPLEMENT TO VESSEL APPLICATION 305 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 $ (/ft. charge) (length) 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 undersigned 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) . ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . CITY OF SEWARD GENE~ TARIFF NO. 1 ~riginal Page 38 Subsection SUPPLEMENT TO VESSEL APPLICATION (CONTINUED) 305 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) No. FOR PORT USE By: (Name of Company) (Authorized Signature) CATEGORY OF TERMINAL CHARGES LINE ITEM(S) (Name of Company) No. FOR PORT USE By: (Authorized Signature) ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . CITY OF SEWARD GENE~ TARIFF NO. 1 "'original Page 39 Subsection CONDITIONS OF LIFTING 310 All applications for shiplift system use shall be made in the form specified by the harbormaster and may require the timely filing of the financial responsibility information called for by Supplement to Vessel Docking and Shiplift System Use Application, completed in accordance with, and otherwise governed by, the terms and conditions set forth below. The permit holder arranging the lift is directly responsible to the city for all fees and services charged to or on account of the vesser-including water, electrical, or other services in charges requested by the vessel. A. Unless waived pursuant to paragraph B below, terms of payment for all applicable terminal charges shall be cash in advance. A cash deposit or acceptable security in an amount equal to 125% of the estimated applicable charges will be required to be posted with the harbor- master six days prior to the vessel's scheduled arrival, or at such other time as may be authorized or directed by the harbormaster, but in all cases in advance of actual services rendered. In any case, in which a cash deposit has been posted, any excess thereof, after satisfaction of all applicable port charges, shall be promptly refunded by the terminal to the party posting same. B. The harbormaster may waive the requirement of cash in advance as to all or any category or categories of its anticipated charges when the permit holder responsible for such charges has been identified by the permit holder to the satisfaction of the harbormaster, and: 1. That permit holder responsible has established credit worthiness acceptable to the harbormaster; or 2. Adequate security, acceptable to the harbormaster, in an amount equal to 125% of the applicable estimated charges, has been posted; or c. 3. The permit holder requesting the lift, or another entity, in each case acceptable to the harbormaster as credit worthy, has personally accepted financial responsibility for the applicable charges. The permit holder shall, as a part of the lifting process, provide to the extent of his knowledge all information called for by any Supplement to Vessel ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . I. . CITY OF SEWARD GENE. TARIFF NO. 1 tlbriginal Page 40 Subsection CONDITIONS OF LIFTING (CONTINUED) D. Docking and Shiplift System Use Application respecting the vessel, 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 permit holder or his agent, shall constitute the permit holder's attestation as to the accuracy of the information therein supplied; and the permit holder shall be held personally liable to the City of Seward for any financial loss suffered by the City of Seward as a result of the permit holder's failure so to report accurately. Should the permit holder, subsequent to submission of this form, receive information which materially differs from the information previously provided, and which information the agent reasonably believes is not equally known to the harbormaster, it shall immediately notify the harbormaster and, if requested by the harbormaster, promptly file an amended Supplement to Vessel Docking and Shiplift System Use Application with the harbormaster. E. All estimates of charges are subject to approval and/or adjustment by the harbormaster. F. The harbormaster shall, promptly after receipt of this form, advise the permit holder as to (1) its approval or adjusted estimate of terminal charges, and (2) whether posting of cash or security is required for anyone or more categories of such charges and the amount thereof. G. In addition to the terms for lift reservation and establishment of financial responsibility as set forth herein, requests for lift reservation and assignments of lifts shall otherwise be in accordance with all local rules and regulations established by the City of Seward. H. The City of Seward retains the right in its sole discretion to determine whether a permit holder or agent is credit worthy, and to waive the cash-in-advance requirement. The city may establish guidelines for ISSUED: 04/09/90 EFFECTIVE: 04/20/90 . . . CITY OF SEWARD GENE~ TARIFF NO. 1 ~riginal Page 41 Subsection CONDITIONS OF LIFTING (CONTINUED) determining 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. I. 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 of conditions of lifting. ISSUED:04/09/90 EFFECTIVE: 04/20/90