CGB MARINE SERVICES AT LAPLACE
(a division of Consolidated Grain & Barge, Inc.)
DOCK TARIFF NO. 5
October 1, 2010
I. Application for Berth
A.
All vessels (as used herein the term “vessel”, unless specifically indicated
to be otherwise, includes the vessel, her owners, operators, managers, charterers,
masters and/or agents) desiring berth at the mooring facility shall file with the mooring
office (LaPlace, LA), between 8:00 a.m. and 5:00 p.m., Monday through Saturday,
Sundays and holidays excluded, an application, to be made on the “Application for
Berth” form supplied by CGB Marines Services at LaPlace.
The fully executed and filled out “Application for Berth” shall constitute a
contract between the vessel and CGB Marine Services at LaPlace (hereinafter referred
to as “CGB”) only when accepted by CGB. CGB may accept the application for berth
either by separate writing or by assigning berth to the vessel. The fully executed
Application for Berth, together with this Tariff No. 4 and CGB Rate Sheet No. 5 shall
constitute the contract between CGB and the vessel for mooring at CGB’s facility.
B.
CGB shall have the right to assign vessels to berth, in its sole discretion,
for whatever reasons, in whatever order it determines to be desirable. In no event shall
CGB be liable for lay time, demurrage, detention, dispatch, or damages of any kind for
delay, loss of charter hire, extra charter hire payments, loss of profit, loss of market,
business or economic loss, or any sort of consequential damages, except and unless
CGB specifically agrees to do so in a separate writing pertaining to a specific vessel,
executed by a duly authorized representative of CGB. In general, vessels will be
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Application for Berth
assigned a berth in the chronological order in which they file with the mooring office a fullycompleted “Application for Berth”.
C.
An Application for Berth must be accompanied by the following documents
before it can be accepted by CGB:
1.
Certificate of Readiness in all compartments issued by a local
representative of the National Cargo Bureau, Inc.;
2.
Copies of Vessel Gear Certificates as required by Title 29, Chapter
XIII, Part 1504 of the Federal Register, as may be amended or
modified by the United States Department of Labor;
3.
Evidence to the effect that the vessel has been entered at the United
States Customs House;
4.
Evidence to the effect that the vessel has been tendered to and
accepted by charterer when applicable.
CGB may, in its sole discretion, waive all or any part of the above
requirements.
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II. Berthing Practices
A.
In the event CGB, in its sole discretion, agrees to waive any part of the
required Certificates or Evidence as set forth above, and the vessel is allowed to tie up at
the mooring berth prior to CGB’s having received all the above Certificates and Evidence; if,
the vessel fails to supply such Certificates and/or Evidence prior to loading/unloading, the
vessel must immediately vacate the berth if order to do so by CGB. Any vessel so ordered
to vacate the berth will, if requested by CGB, return to berth after the vessel loading or
unloading immediately thereafter, if any, completes loading or unloading or vacates the
berth for other reasons, provided the aforesaid circumstances requiring the vessel to vacate
the berth are determined by CGB no longer exist.
Should such vessel fail or decline to vacate the berth upon request of CGB,
then such vessel shall be subject to the liquidated damages set forth in Paragraph II G for
not vacating the berth when ordered to do so by the mooring management, without waiver of
any other rights CGB may have in the circumstances then existing.
B.
When one or more vessels are waiting to load/unload or whenever the
mooring is determined by CGB to be threatened with congestion, CGB may, in its sole
discretion, require the vessel to work overtime at the vessel’s sole cost and expense. Any
vessel then in berth which refuses to work overtime shall, upon order of CGB, immediately
vacate the berth. Should the vessel fail to vacate the berth when ordered to do so, the
vessel will be subject to the liquidated damages set forth in Paragraph II G for not vacating
the berth when ordered to do so by CGB. Any vessel refusing to work overtime, shall, in
addition to any liquidated damages, or other action by CGB, lose its turn in favor of the next
vessel that is willing work overtime, which vessel shall retain the berth so long as they are
willing to work successive straight time and overtime periods until, loading or unloading is
completed. The vessel so losing its turn may, subject to CGB’s right and its sole discretion
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to alter berthing arrangements, return to the berth first available thereafter, subject to the
same overtime provision set forth above.
C.
The vessel shall vacate the berth within one hour of completion of loading or
unloading. Should any vessel fail to vacate the berth within this allowed time, the vessel will
be subject to liquidated damages set forth in Paragraph II G.
D.
CGB, in its sole discretion, may alter the turn of vessels to be
loaded/unloaded when, in its sole judgment, for any reason, this is in the best interest of
CGB’s operations.
E.
Whenever a vessel is ordered to leave the berth for any reason, the vessel
shall immediately (1) move from the loading berth at the owner’s expense, and (2)
acknowledge receipt of the cargo received on board by signing an original ship’s receipt.
F.
The vessel will insure that the vessel will be loaded/unloaded so that she
remains in safe and seaworthy trim throughout the loading/unloading operation to permit
shifting out of the berth, should it become necessary, when and if ordered. In the event the
vessel shall not promptly leave the mooring berth when so ordered, any costs, attorneys
fees, or expenses in connection with the moving of the vessel shall be for the account of the
vessel, and the vessel shall be liable for liquidated damages for the period it remains at
berth after notice to vacate as provided in Paragraph II G.
G.
CGB shall have the right, in its sole discretion, for any reason it shall
determine desirable, without waiver of any other rights CGB may have, to order, without
cause, the vessel to vacate the berth at any time. Should the vessel fail to vacate the berth,
the vessel shall pay, upon demand, the sum of $1,500.00 per hours or a fraction thereof as
liquidated damages. Such damages will commence one hour after CGB issues its order to
vacate the berth and shall be assessed continuously until the vessel physically vacates the
berth. In addition, all cost and expenses in connection with the moving of the vessel, but not
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limited to attorneys fees and expenses incurred by CGB, shall be for the account of the
vessel.
H.
During the course of the loading/unloading operations, should the
loading/unloading operation cease or be interrupted for any reasons, including but not
limited to emanation of objectionable odor, smoke, soot or other material, pollutant or
contaminant, emanating from the vessel’s compartments or due to the condition of the
vessel’s suitability to receive or discharge cargo, the vessel shall immediately: (1) Move
from the loading berth at the vessel’s sole expense, and (2) acknowledge receipt of the
cargo on board by signing an original ship receipt.
I.
The vessel shall be responsible for any and all damages to the mooring
facility or suppliers by reason of the vessel’s failure to vacate the berth when ordered.
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III. General Regulations
Interpretation of this Tariff’s terms and conditions shall be the sole province of
CGB.
A.
CGB shall not be liable for lay time, demurrage, detention, dispatch, or
damages of any kind for delay, loss of charter hire, extra charter hire payments, loss of
profit, loss of market, business or economic loss, or any sort of consequential damages
incurred by any vessel for any cause, including the negligence, sole or concurrent of CGB,
unless and except CGB shall specifically agree to be responsible therefore, in a separate
writing, pertaining to a particularly vessel, signed by a duly authorized representative of
CGB.
B.
The vessel shall inspect and supervise, continuously, all cargo loading or
unloading operations, shall be in charge thereof, and shall have sole responsibility for any
damage to property or persons resulting there from.
C.
CGB shall not be responsible for marine loss or damages to cargo, barges,
ships or other water borne vessels moored at the mooring berth or in the vicinity thereof.
D.
CGB shall not be responsible for lay time, demurrage, detention, dispatch or
damages of any kind for delay, loss of charter hire, extra charter hire, loss of profit, loss of
market, business or economic loss, or any sort of consequential damages, regardless of
how same shall be caused, and whether said loss is caused by the negligence sole or
concurrent of CGB.
E.
Vessels berthed at CGB’s facility shall at all times maintain appropriate
officers and crew aboard to permit loading or unloading of cargo at any time of the day or
night including Saturdays, Sundays or holidays, and to move the vessel safely in and out of
the berth.
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F.
If, in the sole opinion of CGB, whenever river conditions so warrant, any
vessel in berth may be ordered at any time of day or night, to vacate said berth and anchor
in an approved anchorage area until such time as conditions permit the vessel to return to
berth. Appropriate officers and crew shall be maintained aboard for this purpose. In the
event additional tugboats are required, same shall be for the vessel’s account. If, in the
opinion of CGB, conditions so warrant, the vessel may be required to use additional
tugboats when mooring, unmooring or lying at berth, and the expense of such additional
tugboats shall be for the sole account of the vessel.
G.
Requests from the vessel for overtime work by CGB must be made in writing
to CGB prior to 3:00 p.m. of the straight time working day preceding the overtime working
day requested.
H.
Any and all shifting costs, into and out of the mooring, whether under the
provisions set forth above or otherwise, shall be for the vessel’s sole account.
I.
The vessel shall not “blow out tubes” or discharge any smoke, soot, liquid or
solid waste, pollutant, or contaminant in the vicinity of the mooring site. Liquidated damages
of $5,000 for CGB’s response shall be paid by the vessel, and the vessel shall be liable for
any pollution or response cost, cleanup or remediation cost or any other costs or expenses
so occasioned.
J.
When bagging, strapping, bundling or other similar cargo operations are
necessary, the vessel may, at the sole discretion of CGB, be ordered to vacate the berth at
its own expense.
K.
Any delay in loading or unloading resulting from vessel operations or
otherwise caused by the vessel for any reason, shall result in imposition of liquidated
damage of $1,500.00 for each hour of loading and discharge delay. Should a vessel at the
mooring facility find it necessary to load or discharge ballast, to fuel, take on fresh water, or
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other operations, such operations must be planned sufficiently in advance so that loading or
unloading of the vessel will not be delayed.
L.
Any and all charges, costs, fines, penalties levied by any federal, state or
local governmental agency on account of, because of, caused by, or in any way connected
with the vessel, shall be paid by the vessel, and as to any such charges, costs, fines or
penalties imposed on CGB by reason of the foregoing the vessel shall indemnify CGB
therefore.
M.
Pursuant to regulations promulgated by the United States Department of
Labor, Bureau of Labor Standards, require that gangway/ladders must meet particular
standards. It is necessary that all vessels must comply in all respects with these regulations
while in berth.
Under Annex I of the International Convention for the Prevention of Pollution
from Ships (Marpol) vessel desiring to discharge oily waste shall arrange for the discharge
with the company approved by the Captain of the Port, United States Coast Guard.
Under Annex V for the International Convention for the Prevention of Pollution from
Ships (Marpol) a vessel desiring to dispose of ship-generated garbage shall arrange in
advance with a company approved by the Captain of the Port, United States Coast Guard.
When requested by the vessel, reception facilities for food, plant, meat and other
potentially infections waste shall be arranged with a company approved by the Animal and
Plant Health Inspection Service (APHIS) meeting the requirements set forth in 7 CFR 330
and 9 CRF 94 as amended or modified.
IV. Charges and Responsibility for Charges
A.
Docking Charges.
Subject to the terms and conditions of this Tariff, and Rate Sheet No. 5,
docking charges shall be assessed on all deep draft vessels mooring at the facility owned
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and or operated by CGB. Charges shall be assessed continuously and without interruption
for each calendar day, or fraction of a day thereof, commencing on the arrival at the mooring
and ending on a departure from the mooring.
B.
Barge Fleeting.
At the request of those loading/unloading the vessel to CGB, arrangements
may be available for the fleeting and switching of barges. Current fleeting and switching
rates at the time of usage shall be applicable.
C.
Port Charges.
Rates established by CGB do not include harbor fees or any other charges
which may be assessed by the South Louisiana Port Commission or any other
governmental agency. Any such charges assessed will be for the sole account of the
vessel, and the vessel will indemnify CGB for any such charges assessed against CGB.
D.
Line Handling and Tug Services.
Line handling (mooring and unmooring), and tug service will be conducted
and billed according to the terms and conditions of Rate Sheet No. 5.
E.
All charges for services performed under this agreement, and liquidated
damages or other charges due, shall be payable by the party executing the application for
berth without any prejudice to any rights of CGB against the vessel for such payments.
F.
All charges for services to be performed as set forth in “Application for Berth”
will be prepaid at the date and time the vessel is installed in the mooring facility.
G.
If at any time CGB is required to employ the services of an attorney at law to
collect charges due, protect any rights, or otherwise take action against the vessel, the
vessel, and the party executing the “Application for Berth” shall pay the reasonable fees of
such attorney, plus all expenses and court costs of any legal proceedings.
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H.
CGB particularly reserves the right to a maritime lien on all the vessels
making use of its services pursuant hereto for all amounts due CGB, and by booking such
services, the party executing and/or submitting the Application for Berth warrants that
he/they have the authority to contract for services on behalf of the vessels so represented,
and to bind the vessel therefore.
I.
Any person, firm or corporation contracting for the use of the mooring facility,
expressly agrees to pay all charges for the services rendered in accordance with this Tariff,
the Application for Berth and Rate Sheet No. 5 regardless of claims pending or asserting
against CGB and/or its affiliates and/or its underwriters and/or its owners, officer or
employees. In no case shall such claim be offset against any invoice or services performed
by the facility unless or until such claim is reduced to judgment by a court of competent
jurisdiction.
J.
CGB reserves to itself the right to negotiate special arrangements, rules and
rights under this Tariff with particular vessels.
K.
All users of the facility, by filing an application for berth, will be considered as
having read, understood and accepted all the rates, terms and conditions of this Tariff.
L.
CGB reserves the right to refuse to service vessels of customers who are
past due in payments for services rendered, past due being thirty (30) days or more from
date of invoice.
M.
All provisions, terms and conditions of the application for berth and this Tariff
and Rate Sheet No. 5 are subject to change by CGB, without notice.
N.
Any person, firm or corporation contracting for the use of the facility, and the
vessel, hereby agree to release, defend, indemnify and hold harmless CGB and/or its
affiliates and/or their owners, shareholders, officers, directors, employees and/or
underwriters, from and against any and all claims, demands, or suits for damages, of
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whatever kind of character, to persons and/or property including but not limited to claims,
demands or suits for bodily injury, illness, disease, death, loss of services, or loss of
consortium, which may be brought against CGB and/or its affiliates and/or their
shareholders, directors, officers, employees and/or underwriters (including, but not limited to
claims, demands, or suites by the employees or agents of the person, firm, corporation
contracting for the use of the facility, the vessel or affiliated with the vessel), incident to,
arising out of, or in connection with, directly or indirectly, resulting from the services
performed by CGB, whether occasioned, brought about, caused or contributed to in whole
or in part by the negligence of CGB, and/or its affiliates, their shareholders, directors,
officers, employees, agents, servants, contractors, subcontractors, their employees, by the
unseaworthiness or apparent or latent defect of any vessel, or the strict liability of any of the
foregoing, and regardless of whether any such negligence or unseaworthiness is active,
passive, or secondary, and regardless of whether the unseaworthiness and/or apparent or
latent defect in any equipment or premises to a pre-existed acceptance of the “Application
for Berth” between the parties and the agreement provided in this Tariff.
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DEFINITIONS
Agent or vessel agent shall mean the party who submits the “Application for Berth”.
Arrival at berth shall be the time when the vessel arrives at the anchorage with two
lines made fast.
Departure from berth shall be the time when the last line is let go.
Ton shall be a net ton of 2,000 lbs. unless otherwise indicated.
Vessel or vessels shall mean any vessel, ship, barge, lash barge, tug, towboat,
lighter, raft or other watercraft that floats. All references to “vessel” or “vessels” in this Tariff
shall include, unless otherwise specified, here owners, operators, manager, charterers,
masters and/or agents.
Mooring, where applicable, shall mean CGB and/or its subsidiaries, affiliates, their
owners, directors and officers.
Facility, where applicable, shall mean CGB and/or its subsidiaries, affiliates, their
owners, directors and officers.
Holidays: Legal holidays, as used in this Tariff, shall consist of the following days:
New Year’s Day, Martin Luther King’s birthday, Mardi Gras, Washington’s birthday, Good
Friday, Memorial Day, Independence Day, Labor Day, Veterans Day, Thanksgiving Day and
Christmas Day.
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CGB MARINE SERVICES AT LAPLACE
(A division of Consolidated Grain & Barge, Inc.)
ANCHORAGE RATE SHEET NO. 5
September 17, 2010
1. The charge for Dockage of ships will be assessed as follows:
Forty-seven (.47) cents per Gross Registered Ton per day for non-grain cargoes, one
(1) day minimum, after which dockage will be calculated on a one-half (1/2) day basis.
Fifty-two (.52) cents per Gross Registered Ton per day for grain, grain by-products,
meal, feeds, rice cargoes, one (1) day minimum, after which dockage will be calculated on a
one-half (1/2) day basis.
After 1st day, the mooring shall be based on percentages as follows:
Under 12 Hours
Over 12 Hours
50% of Daily Rate
Full Day Rate
Minimum charge to be no less than $5,000.00 per day. All mooring charges must be
paid in advance. CGB Marine Services at LaPlace will advise vessel’s agent in advance by
telex and payment must be received prior to the vessel being permitted to berth.
2. A launch service for personnel, agents, inspectors, and others is available for ships
moored at the facility’s mooring buoys and the CGB Marine Services at LaPlace landing at
Darrow, Louisiana. The charge for launch service will be as follows:
-A daily flat rate of $800.00
-The charge for moving ship stores and supplies from the landing to the ship
shall be agreed upon in advance.
-If a special launch service at this facility is desired, Gulf Elevator & Transfer
Company must be notified by the agent in advance to the ship’s arrival.
3. There will be a charge of $2,850.00, plus fuel surcharge, per trip for tying up and
untying of all ships and/or sea going barges at the mooring site. These services will be
provided by Cooper/T. Smith Mooring Department as a subcontractor.
4. Tug service shall be charged and collected by CGB Marine Services at LaPlace
based on the following:
i)
ii)
iii)
Normal docking or undocking
GRT charge
Buoy charge
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$2,628.00 per tug
$18.98 each 1k GRT per tug
365.00 per tug
iv)
v)
vi
vii)
viii)
Shifting in berth
Standby
Holding vessel in berth
Reporting charge
Towage not covered above
3,600.00 per tug
850.00 per tug hour
850.00 per tug hour
2,700.00 per tug
850.00 per tug hour
*All above subject to fuel surcharge
5. Any vessel which fails or refuses to vacate the mooring when ordered to do so will
be assessed a charge of One Thousand ($1,000.00) Dollars per hour for each hour it remains
in berth following service of notice to vacate. This charge will be assessed as liquidated
damages and parties making use of this facility agree that this accurately represents a
minimum estimate of damages to CGB Marine Services at LaPlace. The imposition of this
charge, however, will not impair the right of CGB Marine Services at LaPlace to compel the
removal of the vessel from the mooring, nor shall it constitute a waiver on the part of CGB
Marine Services at LaPlace to recover from the Owners, Charterers, and/or Agents of the
vessel any greater damages that may be sustained.
6. Services and charges not specifically covered in this tariff shall be agreed upon
between the parties concerned prior to the arrival of vessels for the mooring or into the fleet.
7. SECURITY FEE - $800.00 per day
8. If all funds are not received in the Darrow office prior to ship’s scheduled
departure, the ship will not be allowed to leave. All related cost including pilotage, standby
tugs, delays of other ships, etc. will also be billed and payable prior to allowing the ship to
depart.
9. PORT CHARGES – Rates established by CGB Marine Services at LaPlace do not
include harbor fees or any other charges which may be assessed by the South Louisiana Port
Commission or any other governmental agency. Any such charges assessed will be for the
sole account of the vessel, and the vessel will indemnify CGB Marine Services at LaPlace for
any such charges assessed against CGB Marine Services at LaPlace.
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