KINDER MORGAN PETCOKE, L.P.
HOUSTON BULK TERMINAL
SCHEDULE OF WHARF CHARGES
FOR PETROLEUM COKE MOVEMENTS
KINDER MORGAN PETCOKE L.P. (“Kinder Morgan”) EFFECTIVE
HOUSTON BULK TERMINAL (“Terminal”) JANUARY 1, 2011
John Eversole – Terminal Manager
3100 Penn City Road
Houston, TX 77015
Phone: 713-331-0542
Cell: 713-878-4162
Fax: 713-331-0555
Email:
SECTION I - SPECIFIC WHARF INFORMATION
VESSEL LOADING
Main Berth 800 Feet (243.84m) in length
1,200 Feet (including Barge Dock)
Maximum Vessel Length 750 Feet (228.6m) – Larger vessels may be loaded upon approval from Houston Pilot’s Association and written approval from the Terminal.
Maximum Beam 106 Feet (32.31m)
Depth of Water at Dock 40 Feet Maximum (12.19m) at Mean Low Tide (M.L.T.)
Note: May be less than 40 ft depending upon weather events reducing available water depth below M.L.T. The Terminal will make good faith effort to dredge periodically to maintain 40 ft (12.19m).
Air Draft from Top of Hatch Cover 45 Feet (13.71 m)
Note: This 45 foot air draft allows loading spout to enter hold. The design of the loader permits cargo to be loaded in the holds up to a level of 30 feet above the waterline depending upon vessel characteristics. It is necessary for ships with a beam in excess of 100 feet to remain ballasted forward and aft to a draft of 37-38 feet throughout the loading.
Spout Reach From Face of Docks 58 Feet (17.68m)
Working Area of Loader 435 Feet (132.6m)
Minimum Hatch Opening 25 Feet x 25 Feet (7.6m x 7.6m)
Rated Loading Capacity Designed capacity rated at 1,800 tons per hour (1,630 metric tons per hour) at commodity density of 67 lbs. per cubic foot per weather working day of 24 hours – maximum normal operating capacity 1,148 tons per hour (1,041 metric tons per hour).
Trimming Spout trim only.
Note: To reach maximum tonnage per hold, it is important that Handymax and Panamax size vessels remain heavily ballasted throughout loading as the design of the loader permits cargo to be loaded in the holds up to a level of 30 feet above the waterline depending upon vessel characteristics.
Deballasting Vessels must be capable of deballasting at 1,800 tons per hour continuous load rate.
SECTION II – SPECIFIC FEE INFORMATION
DEMURRAGE/DESPATCH/DISCLAIMER/TIME LIMITATION:
Kinder Morgan will not be responsible for any demurrage or detention nor have any rights to invoice “despatch” except as outlined in specific agreements, if any, between Kinder Morgan and users of the Terminal. Kinder Morgan shall not be responsible or liable for any expense, damage, delay, dead-freight, detention, or loss of despatch time incurred by any shipper, vessel, vessel owner, charterer, or any other party for any cause. All parties will have ninety (90) days from date of event to file any claims or disputes. Claims and/or disputes filed after ninety days from the date of event will not be recognized by Kinder Morgan.
DOCKAGE CHARGES:
For Petroleum Coke -- Dockage for all vessels will be charged at $0.3300 (thirty-three cents) USD per Gross Registered Tonnage (“GRT”). The minimum charge shall be one day. A full day’s dockage will be assessed for any time beyond a one hour grace period, i.e., any vessel staying more than one hour beyond the preceding 24 hour day (for dockage purposes) will be charged an additional one day’s dockage. A minimum of $2,040.00 per 24 hour day will be charged for all barges.
CHARGES FOR NON-POTABLE WATER:
The source of water at the Terminal is a water-well owned by the Port of Houston Authority. 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” – non-potable means that the water may not be fit for drinking due to uncleanliness and/or contamination. Any vessel taking on non-potable 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. Further, the vessel by taking such non-potable water, agrees to fully indemnify and hold Kinder Morgan, their agents, officers, and employees harmless from any and all claims against them, their agents, officers and employees arising out of or in connection with the 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.
The charges for water at the Terminal shall be:
Hook-Up charge to meter, if Performed
between the hours of 8:00 a.m. to 5:00 p.m. $137.00
Hook-up to meter, all other times $214.00
Charge per each 1,000 gallons of water $ 6.00
PORT 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 all users of Kinder Morgan’s premises, services, or facilities, a Port Security Fee as set forth herein. Such fee, in the amount set forth below, shall be in addition to all other fees and charges due under this and other governing tariffs:
Vessels (including, without limitation, barges): Seven Percent (7%) of total dockage assessed per port call.
LINE HANDLING AND LAUNCH SERVICE CHARGES:
Vessel shall arrange and pay for mooring services with a mooring company acceptable to the Terminal.
The following charge will be assessed for Launch Service:
Launch Service per day $720.00
VESSELS TO ARRIVE IN A “DECK CLEANED” CONDITION:
Federal, state and city laws prohibit the overflow of any objectionable matter into the water. It is the responsibility of the Vessel to arrive at Terminal in a “deck cleaned” (free of debris, commodity, tripping hazards, etc.) condition. Vessels arriving in a “dirty deck” condition will be charged $3,500.00 (U.S.) per hour during the delay for clean-up. Terminal, at its sole discretion, may allow Vessel to clean-up before loading commences or may order Vessel to vacate the berth. Terminal will be responsible for clean-up which may be necessary during normal loading operations. All vessels will depart the Terminal with their decks cleaned of objectionable matter. It is the responsibility of the Vessel to report to the Terminal all “dirty deck” conditions prior to departing the berth.
SURFACTANT USAGE:
In order to meet Federal, state and city laws environmental regulations, Kinder Morgan reserves the right to spray a dust surfactant (BT-205W and currently supplied by Benetech) upon the petroleum coke while loading into vessels at the Terminal. Associated MSDS is available upon request.
ARRIVAL/ DEPARTURE:
* Vessel will be allowed 1 hour free time for arrival and 1 hour free time for departure from the time called by agents before being subject to stand-by charges.
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.
BUNKERING AT THE TERMINAL:
For the barge and/or launch, there shall be a minimum charge of $3,500.00. This minimum charge includes the first four hours of pumping per barge. Each subsequent hour will be charged at an additional $350.00 per hour, $2,000.00 for each additional barge and/or launch, with $350.00 per hour after the first four hours, accordingly for each. Kinder Morgan may at its option not allow bunkering or require bunkering to be performed prior to or after loading. Ships must declare the need to bunker when they are nominated to Kinder Morgan. Shore-side bunkering is forbidden.
All vessels bunkering at the Terminal agree to indemnify and save harmless Kinder Morgan from and against all losses, claims, demands, and suits for damages, including death and personal injury, and including court costs and attorney fees, incident to or resulting from their bunkering operations on the property of Kinder Morgan and use of its facilities.
PROVISIONS, STORES AND ADDITIONAL SERVICES:
Delivery of provisions and stores to Vessels berthed at the Terminal shall require the prior approval of the Terminal subject to the Terminal’s determination whether such activities will interfere with cargo operations or Vessel activities. All provisions and stores will be delivered to the Vessel at the sole cost of the Vessel. If Terminal assistance is required, the charges below for Additional Services will be assessed against the Agent.
For any service or function not specifically provided for in this Schedule, requested by Customer and agreed to and provided by the Terminal, there shall be a charge to Customer equal to the sum of (a) the cost of Kinder Morgan’s labor used on such services, at a rate of either (i) $50.00per hour of labor involved, if such work is performed during regular operating hours, and (ii) $75.00per 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.
WHARFAGE RATES:
Wharfage will be charged for vessels/barges discharging/loading/transshipping cargo directly to or from vessels/barges. Wharfage shall be negotiated between Kinder Morgan and entity per Agreement prior to any discharging/loading/transshipping taking place. No such discharging/loading/transshipping shall occur without the prior approval of Kinder Morgan and if necessary, the U.S. Coast Guard or Corps of Engineers.
OTHER SERVICES OR FEES NOT PROVIDED FOR IN THIS SCHEDULE:
For any service or function not specifically provided for in this Schedule, requested by Customer, required by the Terminal, Kinder Morgan, Port of Houston Authority, or any newly created or undisclosed fee implemented by any government agency, there shall be a charge to Customer equal to the greater of (a) the cost to the Terminal, and/or Kinder Morgan, or (b) the rate specified in the Port of Houston Authority’s Schedule No.8 in effect at the time the service and/or fee is incurred.
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 (See Sub Rule 23). Any delays caused by the vessel are billable to vessel’s owners at Three Thousand Five Hundred US Dollars ($3,500.00 US) per hour or portion thereof based on 15 minute intervals after a four hour “grace” period following the date and time of notice to vessel. No “grace” period will be allowed if: (a) a vessel arrives at Terminal and is not ready to load, (b) arrives at Terminal in a ballasted state but is not ready to load when de-ballasted, or (c) is not cleared by the designated inspection company to begin loading operations – the vessel caused delay fees start immediately under these conditions. The rate charged hereunder constitutes one of two amounts: the anticipated damages incurred by Kinder Morgan at the effective date of this Schedule of Wharf Charges, or the actual damages incurred by Kinder Morgan directly resulting from vessel caused delays.
SECTION III - DEFINITIONS
SUB RULE (1) DAY: A consecutive 24-hour period or fraction thereof.
SUB RULE (2) WEATHER WORKING DAY: Wind, rainfall intensity, tide conditions at the berth, severe weather as in tornadoes, hurricanes, lightening, windstorm severity based on the Terminal’s judgment or Coast Guard mandate.
SUB RULE (3) DOCKAGE: The charge assessed against a vessel for berthing at the Terminal.
SUB RULE (4) HOLIDAYS: Labor Day, and 6:00 P.M. CST December 24th through 6:00 A.M. December 26th (Christmas) – exact times subject to change solely at the discretion of the Terminal.
SUB RULE (5) TON: A unit of weight of 2,000 pounds.
SUB RULE (6) ARRIVAL AT BERTH: The time at which an incoming vessel moors to her berth, calculated from the time the last line is secured.
SUB RULE (7) DEPARTURE FROM BERTH: The time at which an outgoing vessel leaves her berth, calculated from the time the last line is released.
SUB RULE (8) VESSEL: Includes within its meaning every description of water craft or other artificial contrivance whether self-propelled or non-self-propelled, used, or capable of being used, as a means of transportation on water, and shall include in its meaning the owner thereof.
SECTION IV - ARRIVAL PROCEDURE AND CONDITIONS FOR VESSEL LOADING
SUB RULE (9)
GENERAL APPLICATIONS
The use of Kinder Morgan facilities constitutes an acceptance by the user of all charges, rules and regulations published in this manual and the user agrees to pay all charges and be governed by all rules and regulations published in the manual. The charges, rules, and regulations published in this manual apply on all cargo moving through the facilities of Kinder Morgan, and shall apply equally to all users of the facilities.