KM LIQUIDS TERMINAL
SCHEDULE OF DOCK SERVICES AND CHARGES
Effective September 1, 2013
GENERAL APPLICATIONS:
The use of Kinder Morgan facilities constitutes an acceptance by the user of all charges, rules
and regulations published in this Schedule of Dock Services and Charges (“Schedule”) and the
user agrees to pay all charges and be governed by all rules and regulations published in the
Schedule. The charges, rules, and regulations published in this Schedule apply on all cargo
moving across or utilizing KM Liquids Terminals LLC (“Kinder Morgan”) docks and shall apply
equally to all users of the Kinder Morgan Galena Park and Pasadena terminals (“Terminal” or
“Terminals”).
DEMURRAGE/DISCLAIMER/TIME LIMITATION:
Kinder Morgan will not be responsible for any demurrage or detention except as outlined in a
Definitive Agreement between Kinder Morgan and Customers of the Terminal. Customers
and Shipowners are responsible for meeting the agreed upon load or discharge rate as well as
all non-cargo pumping time, the Product Movement Window (“PMW”) set by Kinder Morgan
and based on vessel’s Q88 performance provided by Vessel’s Master/Shipowner. Whenever
time for loading or unloading exceeds the PMW, Customer and Shipowner are responsible to
vacate the dock or pay for any extension granted.
The loading rates upon which the PMW is based shall be those outlined in Kinder Morgan
Vessel and Barge Scheduling Procedure and the Vessel’s Q88 provided by Shipowner/Agent.
Each PMW includes an allowance of three (3) hours before and after cargo pumping for
survey, sampling, gauging, paperwork and any other cargo related functions being
performed. Any time beyond the three (3) hours will count against the balance of the PMW
and will be for Customer or Shipowner’s account.
Kinder Morgan shall not be responsible or liable for any dead-freight incurred by Customer,
vessel, Shipowner, charterer, or any other party for any cause.
WHARFAGE RATES:
Wharfage charges may be assessed against vessels/barges discharging, loading, transloading
cargo at Kinder Morgan’s Terminal. The Wharfage fee shall be negotiated between Kinder
Morgan and its Customer and be paid by Customer directly to Kinder Morgan. No such
discharging/loading/transloading shall occur without the prior approval of Kinder Morgan and
if necessary, the U.S. Coast Guard or Corps of Engineers.
DOCKAGE CHARGES:
Kinder Morgan Galena Park and Pasadena do not charge a Dockage fee for vessels.
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MARITIME SAFETY & SECURITY FEE:
In order to fulfill its responsibilities for security, including but not limited to responsibilities
mandated under the Maritime Transportation Security Act of 2002 and the US Coast Guard
regulation 33 CFR 105, Kinder Morgan will assess against and collect from each vessel
berthing at Kinder Morgan’s Galena Park and Pasadena docks, a Maritime Safety & Security
Fee as set forth herein. Such fee, in the amount set forth below, shall be in addition to all
other fees and charges for services requested and listed under this Schedule. The Maritime
Safety & Security Fee for all vessels will be charged at $2,500 per vessel, per berth called
regardless of LOA or total cargo transferred.
LAY BERTH:
The Kinder Morgan vessel docks in Galena Park and Pasadena are actively utilized for loading
and unloading of product between the Terminal and vessels. However, as opportunities avail
themselves, Kinder Morgan docks may be used as lay berth from time to time. Vessels or
their agents may request the use of a Kinder Morgan dock as lay berth for non-cargo
operations (COC inspections, awaiting another ready berth, etc). The cost of a lay berth, if
offered, will be $5,000 for any portion of the first 24-hours period alongside and billed to the
vessel agent. All time in excess of 24 hours will be billed at a prorated hourly rate based on
$5,000 per day.
At Kinder Morgan’s sole discretion, any vessel utilizing a Kinder Morgan
berth as lay berth is subject to four (4) hour notice to vacate the dock should a vessel tender
to Kinder Morgan for cargo operations at the Terminal.
LINE HANDLING AND LAUNCH SERVICE CHARGES:
Line handling and Launch services are not offered or supplied by Kinder Morgan. Vessel
shall arrange and pay for mooring services with a mooring company acceptable to the
Terminal.
ALONGSIDE SERVICES:
All alongside services/operations to vessels berthed at the Terminal shall require the prior
approval of the Terminal subject to the Terminal’s determination of whether such activities
will interfere with cargo operations or vessel activities. The cost for these services shall be
the sole cost of the vessel.
For the first barge/launch, there shall be a minimum charge of $3,710.00. This minimum
charge includes the first four (4) hours alongside per barge/launch. Each subsequent hour will
be charged at an additional $371.00 per hour, $2,120.00 for each additional barge/launch,
with $371.00 per hour after the first four (4) hours, accordingly for each
1. Bunkering: Kinder Morgan may at its option not allow bunkering or require bunkering to
be performed prior to or after loading. Vessels must declare the need to bunker when
they are nominated to Kinder Morgan. Shore-side bunkering is forbidden.
2. Provisions, Stores, Lubes and Additional Services: Kinder Morgan may at its option not
allow these services or require them to be performed prior to or after loading. Vessels
must declare the need for services when they are nominated to Kinder Morgan. These
services may not be performed shore-side or across the dock(s).
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CHARGES FOR NON-POTABLE WATER:
Non-potable water will be supplied to vessels only through hoses provided by each vessel.
Each vessel is solely responsible for the decision into which tank the non-potable water will
be placed. Any Kinder Morgan personnel involved in delivering non-potable water are doing
so under the sole discretion of the vessel. Non-Potable Water: $530.00 per operation
The source of water at the Terminal is city water. Kinder Morgan makes no guarantees as to
the quality of the water or its suitability for human consumption. Kinder Morgan is making
this water available to vessels on the basis that it is “non-potable”. Any vessel taking on nonpotable water at the Terminal does so at its own risk and Kinder Morgan shall not be liable for
any damages or harm associated with the non-potable water.
GANGWAY RENTAL:
For vessels requiring the use of a shoreside gangway, Kinder Morgan has contracted with MSI
Rentals to provide a temporary gangway that allows for safe access to and from the vessel at
the dock. Shipowners /Agents will contract directly with MSI for the cost of gangway rental.
OTHER SERVICES OR FEES NOT PROVIDED FOR IN THIS SCHEDULE:
For any service or function not specifically provided for or made at the request of Customer
or vessel, to the Terminal, and agreed to and provided by the Terminal, there shall be a
charge to Customer or vessel equal to the sum of (a) the cost of Kinder Morgan’s labor used
on such services, at a rate of either (i) $80.00 per hour of labor involved, if such work is
performed during regular operating hours, and (ii) $95.00 per hour of labor involved, if such
work is performed during overtime hours; plus (b) the cost of materials and equipment used
for such additional work plus 15% of such sum; plus (c) the amount of charges made by
contracted services, if any, plus 15% of said sum.
MARPOL SERVICES:
Shipowner/Agent shall provide the Terminal required notifications of MARPOL service
requirements prior to berthing. MARPOL disposal services are not supplied by Kinder
Morgan. Vessel shall arrange and pay for MARPOL services with an Kinder Morgan approved
trucking company and shall be accommodated as follows:
1. Slops Removal: Require Kinder Morgan operations personal to accompany each truck
and shall be invoiced to the Shipowner / Agent at a rate of either (i) $80.00 per hour of
labor involved, if such work is performed during regular operating hours, and (ii) $95.00
per hour of labor involved, if such work is performed during overtime hours, both with a
two (2) hour minimum.
2. Trash Removal: This service does not require a Kinder Morgan employee. No additional
charge.
3. MARPOL Services Performed Alongside: No charge.
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NITROGEN PAD:
Nitrogen is not available at all Terminal docks. The request for a Nitrogen Pad should be
included in the vessel’s Q88. The charges associated with this service shall be invoiced to the
Kinder Morgan Customer per the terms of agreement.
CHARGES FOR VESSEL CAUSED DELAYS AND/OR FAILURE TO VACATE:
The Terminal reserves the right to order any vessel from berth at the sole discretion of the
Terminal. Should the vessel fail to vacate when so ordered, the vessel will be solely
responsible for the costs to Kinder Morgan. Any delays caused by the vessel are billable to
vessel’s owners at $5,000.00 per hour or portion thereof after terminal has provide notice to
vessel to set pilot and vacate the berth.
PAYMENTS & INTEREST:
All vessels, their owners or agents, are responsible for payment of all charges no later than 30
days after the invoice date. After 20 days, a 1.5% per month penalty charge may be assessed
on the total invoice amount. Failure to pay within 30 days is grounds for Kinder Morgan to
draw on the bond. Failure to pay total after 45 days shall, at Kinder Morgan’s option, result in
loss of credit and trigger prepayment of all fees or barring of said vessel or Shipowner’s other
vessels from the Terminal.
All charges as set forth above shall be subject to increase by Kinder Morgan in the event there
are increases in the cost of providing these services.
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