AMENDMENT NO. 3 TO STEVEDORING AND TERMINAL SERVICES AGREEMENT
Exhibit 10.1
This Amendment No. 3 (“Amendment No. 3”) is dated and effective as of January 1, 2010 among Horizon
Lines of Alaska, LLC (“HL Alaska”), Horizon Lines, LLC (“HL”) (for the purposes of this Amendment
No. 3, HL and HL Alaska shall be considered individually and collectively as “Carrier”) and APM
Terminals North America, Inc. (“Contractor”).
RECITALS
A. | Carrier and Contractor entered into that certain Stevedoring and Terminal Services Agreement
dated as of May 9, 2004, as amended by an Amendment No. 1 dated as of December 12, 2004,
(“Amendment No. 1”), which Amendment No. 1 became void, and an Amendment No. 2 dated as of
November 30, 2006 (“Amendment No. 2”) (as so amended, the “Terminal Agreement”). |
B. | Carrier and Contractor hereby intend to amend the Terminal Agreement as described below. |
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are
hereby acknowledged, HL Alaska, HL, and Contractor agree as follows:
1. | Definitions. All terms used herein, unless otherwise specified, shall have the meaning
ascribed to them in the Terminal Agreement. |
2. | The first sentence of Section 2(b) of the Terminal Agreement is deleted and replaced
with the following: “For any Cargo transported by Carrier in its regularly scheduled Xxxxx
Act service on a Vessel that needs to call a terminal located in the respective territories
listed in First Revised Exhibit A (each a “Terminal Territory”), Carrier shall guarantee to
Contractor to move such cargo through a Terminal located in a Terminal Territory.” |
3. | The following new sentence is added immediately after the second sentence of Section
2(b) of the Terminal Agreement: “For the sake of clarity, Guaranteed Cargo shall not
include: cargo transported on one-time international moves for dry-dock positioning voyages
or one-time positioning voyages; or inter-coastal cargo defined as cargo transported in a
new service originating and terminating between two ports in the lower 48 states provided
that Carrier will use best efforts to use Contractor’s facilities/services in ports where
such services call and further provided that Carrier will only use another facility if
required to obtain cargo from or deliver cargo to a specific carrier. Further for the sake
of clarity, Guaranteed Cargo shall include cargo transported on the TP1 vessel string,
except as provided in Section 7 below.” |
4. | The following is added as the new last sentence of Section 2(b) of the Terminal
Agreement: “If Contractor accepts the Guaranteed Cargo offered, Contractor shall provide
Carrier the Services at the rates described in the Appendices to this Agreement and Carrier
must exclusively use the relevant Terminal for such Guaranteed Cargo even if only a portion
of the relevant Vessel is carrying such Guaranteed Cargo.” |
5. | Sections 2(b)(i) and (ii) of the Terminal Agreement are deleted. |
6. | A new Section 2(f) is added to the Terminal Agreement, as follows: |
(f) Contractor will pay Carrier cash bonuses totaling * for the time period commencing
January 1, 2010 through December 31, 2015. The cash payments are as follows:
2010
|
* | |
2011
|
* | |
2012
|
* | |
2013
|
* | |
2014
|
* | |
2015
|
* |
Contractor will pay Carrier * of the annual bonus amount on the *, starting on
January 10, 2011, by crediting Carrier for such amount. This bonus is based on Carrier
services calling Contractor’s exclusive terminals as set forth in this Agreement.
7. | A new Section 2(g) is added to the Terminal Agreement as follows: |
(g) TP1 Service. As of the effective date of this Amendment No. 3, Carrier operates its
TP1 vessel string (“TP1 Service”) in accordance with the Maersk Line/Horizon Lines Space
Charter Agreement, FMC Agreement No. 012086, which agreement is due to expire on or about
December 10, 2010. As a result of these arrangements, Carrier requires flexibility with
respect to the exclusivity obligations set forth in this Agreement, relating to Contractor’s
exclusivity of this Agreement in Los Angeles and Tacoma (“Terminal Facility”). Thus,
notwithstanding any other provision of this Agreement:
(1) | First, between December 10, 2010 and December 31, 2010 (the
“First Option Date”) Carrier may move the TP1 Service to a different container
terminal facility without terminating this Agreement (the “First Option”),
provided that (i) Carrier has an FMC- filed and executed vessel sharing, space
charter or similar agreement for its TP1 Service with an ocean common carrier
which has a financial stake or existing, binding contractual commitment in a
container facility in the port where the TP1 Service calls, and Contractor
and such other carrier are unable to reach mutual agreement upon the terms and
conditions pursuant to which Contractor is willing to provide marine terminal
and stevedoring services to such other carrier, and (ii) Carrier has delivered
written notice of its election to exercise the First Option to Contractor at
least ninety (90) days prior to the First Option Date and (iii) such other
carrier uses *. |
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(2) | Second, in the event that Carrier has not otherwise exercised the First Option
such that Carrier continues operations at the Terminal Facility after the First
Option Date, Carrier may on December 31, 2012 (the “Second Option Date”) move
the TP1 Service to a different container terminal facility without terminating
this Agreement (the “Second Option”), provided that in any such event, (i)
Carrier has an FMC-filed and executed vessel sharing, space charter or similar
agreement for its TP1 Service with an ocean common carrier which has a financial
stake or existing, binding contractual commitment in a container facility in the
port where the TP1 Service calls, and Contractor and such other carrier are
unable to reach mutual agreement upon the terms and conditions pursuant to which
Contractor is willing to provide marine terminal and stevedoring services to
such other carrier, and (ii) Carrier has delivered written notice of its
election to exercise the Second Option to Contractor at least one hundred
eighty (180) days prior to the Second Option Date and (iii) such other carrier
uses *. |
(3) | Third, Carrier may elect to postpone the exercise of the Second
Option from December 31, 2012 to either December 31, 2013, or December 31,
2014, in Carrier’s discretion, provided that it gives written notice of such
election to Contractor no later than the First Option Date. |
(4) | In the event that Carrier exercises any of the options set
forth in Section 2(g) (1)-(3) herein, Carrier and Contractor will agree upon a
reasonable transition period for the orderly, efficient and smooth transfer of
Carrier’s operations to another container terminal and terminal services
provider. |
(5) | Should Carrier exercise any of the options set forth in Section
2(g)(1)- (3) herein, the annual bonus payments set forth in Section 2(f) above
shall be * for each year that the TP1 Service does not call at
Contractor’s Terminal Facility through December 31, 2015 unless Carrier has
similar regular liner service as it does on January 1, 2010 at Contractor’s
Elizabeth, NJ Terminal. |
(6) | Should Carrier meet the obligations set forth in Section
2(g)(1)-(3) herein due to such other carrier having a contractual obligation in
a container facility in the port where the TP1 Service calls, the exclusivity
obligations will be reinstated upon the date of expiry of the vessel sharing
agreement, space charter agreement, or similar agreement with such other
carrier. |
8. | A new Section 2(h) is added to the Terminal Agreement as follows: “Contractor has the
first right of refusal for stevedoring Carrier’s Vessels in North America at Common User
facilities.” |
9. | Add a new Section 2(i) to the Terminal Agreement, as follows: |
“(i) Elizabeth, NJ
This Agreement applies to Jacksonville, FL, Houston, TX, Los Angeles, CA, Tacoma, WA and
Elizabeth, NJ. However, Carrier may remove Elizabeth, NJ from the scope of this Agreement
only if Carrier relocates to a terminal location identified as outside the State of New York
or New Jersey Terminal Territory as defined in First Revised Exhibit A to this Agreement.
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Contractor will provide Carrier with discounted proposed rates per the attached rate
schedule (Second Revised Appendix II-Xxxxxxxxx) effective as of January 1, 2010 if Carrier
advises by June 21st, 2010 that it will continue to call Elizabeth, NJ weekly for
the remainder of the term of this Agreement in 2010. If Carrier advises Contractor after
June 21st, 2010 that Carrier will continue to call Elizabeth, NJ through the term
of this Agreement, then the new rates per Second Revised Appendix II-Xxxxxxxxx will be
effective on the first of the month following notification by Carrier. Carrier agrees to
provide the Contractor with 28 days notice prior to moving vessel services from Elizabeth,
N.J.
If Carrier leaves and re-enters the Exclusive Terminal Territory (State of New York or New
Jersey) at any time during the term of this Agreement, or any extension thereof, Carrier
will be obliged to call its vessels at Contractor’s Terminal in Elizabeth, NJ at the
proposed discounted rates as per Second Revised Appendix II-Xxxxxxxxx and the agreed to
performance standards.”
10. | Section 3(a) of the Terminal Agreement is deleted in its entirety and replaced with the
following: |
“This Agreement shall remain in effect from January 1, 2010 for a period of six consecutive
years through December 31, 2015, and shall terminate effective on January 1, 2016 without
any further notice required unless sooner terminated, or extended, pursuant to the
provisions herein. Carrier has the right to extend the Agreement beyond December 31, 2015,
for one additional period of two years beginning on January 1, 2016. If Carrier wishes to
exercise this right to extend, it must do so by providing written notice to Contractor not
less than one hundred eighty (180) days prior to December 31, 2015.
Upon mutual agreement, Carrier and Contractor may mutually agree to further extend the
Agreement.”
11. | A new Section 3(c) is added to the Terminal Agreement, as follows: |
“(c) Resolution and Correction of Performance Standard Shortfalls
(1) | If Contractor is unable to reach or regularly maintain gate turn
times/berth/crane and productivity performance standards as set forth in Section
2.1.I.B. through 2.1.I.D. of Appendix I, as amended, of this Agreement, thereby
adversely affecting Carrier, then both parties shall promptly meet to identify and
resolve any issues. Carrier shall advise Contractor in writing of the failure of
performance if meeting(s) at a local level did not result in resolution of the
issues(s). |
(2) | Despite the implementation of resolution procedures, if Contractor is unable to
maintain the performance standards as stated in 3(c)(1) on a regular basis, through no
fault of Carrier, then Contractor, at its cost, will employ commercially reasonable
measures to correct such performance shortfalls. |
(3) | If conditions which are the fault of Contractor become permanent and cannot be
resolved by Contractor, then Carrier will have the right to terminate this Agreement
for the Terminal(s) impacted by these performance standard shortfalls. Carrier must
provide 90 days written notice after the resolution steps set forth above in Section
3(c)(1) and (2) above have been exhausted prior to terminating this Agreement for the
Terminal(s) impacted” |
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12. | A new Section 6(d) is added to the Terminal Agreement, as follows: |
“6(d) Reefer Services: Operational Practices. Notwithstanding any other provision of this
Agreement:
(1) | Genset Mounting and Dismounting |
(i) | Jacksonville: Contractor will to the extent possible keep
gensets mounted to the chassis, provided the Carrier coordinates mount/dismount
genset activity in writing to the Contactor. Contractor will follow Carrier’s
instructions to the extent feasible but there is no penalty if not matched. |
(ii) | Los Angeles: Once Carrier has a dedicated genset and chassis
fleet, Contractor will to the extent possible keep gensets mounted to the
chassis, provided the Carrier coordinates mount/dismount genset activity in
writing to the Contactor. Contractor will follow Carrier’s instructions to the
extent feasible but there is no penalty if not matched. |
(iii) | Jacksonville and Los Angeles: In order to match empty reefers
coming off the vessel to an under-slung genset chassis, the mechanics plug the
reefer into the genset. If Carrier advises Contractor which genset to string
and subsequently requests the unit to be “unstring”, then Contractor will xxxx
Xxxxxxx to perform this activity. Contractor will provide back up for the
activity by supplying the genset number and container number. In Los Angeles
this service can only be provided once the Carrier has a dedicated genset and
chassis fleet. |
(iv) | Jacksonville and Los Angeles: if a genset needs to be
dismounted or serviced after receipt, then the drays, genset mount/dismount and
grounding/mounting activities will be for Carrier’s account. |
(v) | Houston and Tacoma: Currently the services in 6(d) (1) (i),
(ii) and (iii) are not available however if conditions change, Carrier and
Contractor will discuss instituting these services at these locations. |
(2) | Pairing Reefers to Chassis with Gensets |
(i) | Jacksonville: To the extent possible, and based on Carrier’s
instructions, Contractor will pair reefers to chassis with gensets from the
ship or from the ground and no penalty if not matched. |
(ii) | Houston and Los Angeles: If there is a dedicated Carrier
chassis and genset fleet then to the best possible extent Contractor will
arrange for reefer street turns (empty reefers entering the facility from the
street) to be received (gated in) without dismounting gensets. These units
would then be provided for customer export bookings. If a genset needs to be
dismounted or if a genset, chassis or container serviced after received, then
the drays, genset mount/dismount and grounding/mounting activities will be for
Carrier’s account. |
(iii) | Carrier and Contractor will form a working team to review the
process of pairing reefers to chassis with gensets in Los Angeles. |
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13. | A new Section 6(e) is added to the Terminal Agreement, as follows: |
“6(e) Chassis Flip Charges in Grounded Locations: Notwithstanding any other provision of this
Agreement:
(1) | Chassis Flip Charges apply in Los Angeles (mainly a wheeled operation) and
Jacksonville (a wheeled operation). |
(2) | In Houston Contractor will not charge for flips of wheeled hazardous containers |
(3) | Except as set forth in Section 6(e) (1) and (2) herein, chassis flip charges
apply to chassis flip services performed by Contractor hereunder. |
14. | A new Section 6(f) is added to the Terminal Agreement as follows: |
“6(f) On Terminal Asset Management in 2011: Notwithstanding any other provision of this
Agreement:
(1) | Contractor will work with Carrier in providing on Terminal asset management in
2011 as per sections 6(f) (2) through (5) below if Carrier changes to a dedicated fleet
of chassis and gensets. If Carrier has a dedicated fleet of chassis and/or gensets,
Carrier would then need to have visibility to any/all gate transactions involving
chassis and genset equipment to include bare chassis gate movements. Carrier will be
required to provide Contractor with a fleet file inclusive of a list of all Carrier
chassis, containers and gensets. |
(2) | On Terminal asset inventories: System inventories for Carrier chassis
designated as the owner chassis/gensets will be available through on line reports. |
(3) | Genset Inventories and Reconciliation: As requested by Carrier, Contractor can
provide this on a man hour basis or at a mutually agreed to flat rate. |
(4) | Chassis Inventories and Reconciliation: As requested by Carrier, Contractor can
provide this on a man hour basis or at a mutually agreed to flat rate. |
(5) | Contractor in conjunction with Carrier will define the process (i) to ensure
loaded and empty containers are mounted on road-worthy chassis, and (ii) to identify
and segregate deadlined chassis on the Terminal. This process will be included in the
Working Procedures Manuals. |
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15. | A new Section 6(g) is added to the Terminal Agreement as follows: |
“6(g) Additional Terminal Specific Items. Notwithstanding any other provision of this
Agreement:
(1) | Houston and Jacksonville: Contractor will assist Carrier with any claims to
the Port Authority for Port Authority crane breakdowns. If the Port Authority
reimburses or provides a payment to Contractor for the Port crane downtime then
Contractor will remit these funds to Carrier. |
(2) | Los Angeles: |
(i) | Contractor will pre-mount * empty reefers and shift them
to the pre-trip pad by the close of business of the shift following vessel
discharge, if Carrier advises correct reefer types. Carrier will be charged per
item no. 21 Premounting of Empties in the Second Revised Appendix II Rate
Schedules. If Carrier does not advise correct reefer types and additional
pre-mounts are required, any additional costs will be for Carrier’s account.
This is in addition to the requirement to have * empty reefers positioned
to the reefer pads daily. |
(ii) | On or after December 11, 2010, if the Carrier expands its
international service as an ocean common carrier service using the TP1 vessel
string, Contractor will have a separate area in the yard for Carrier loads; And |
(a) | Contractor will discharge * Carrier
international cargo laden containers to wheels; and |
(b) | Parties will discuss and implement the
appropriate services required to support Carrier customer service level
for the TP1 Service. |
(3) | Tacoma: Carrier to utilize the pool of funds made available by the Port of
Tacoma but will work with Contractor to prioritize the funds to consider investments in
the Tacoma Terminal. |
(4) | Contractor and Carrier will work together to improve processes. Working
Procedures Manuals to be updated in each Terminal within 60 days of signing Amendment
No. 3 to this Agreement.” |
16. | Section 10(b), (g), and (h) of the Terminal Agreement are deleted and replaced with the
following: |
“(b) Contractor shall be liable for damage to or loss of cargo attributed to Contractor’s
proportionate share of negligence that is proven; however, Contractor’s liability to Carrier
or any cargo interests (i.e. third party or parties) shall be limited to the limitation in
the Vessel’s Xxxx of Lading (as defined in Section I hereof) and in any event shall not
exceed the cost of such amount(s) paid by Carrier. The Carrier agrees that it shall insert
a Clause into the Vessel’s Xxxx of Lading by which all defenses, exceptions, limitations of
liability and other rights of Carrier, shall be extended to Contractor subject to applicable
laws failing which Carrier shall indemnify Contractor for any and all amounts or liabilities
imposed upon Contractor in excess of what Contractor would have been responsible for if said
clause had not been inserted.
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(g) Limitation of Liability: Carrier agrees to include Contractor as an express
beneficiary of the limitation of liability provisions of all contracts of carriage (i.e.
Vessel’s Bills of Lading) or contracts of affreightment, as evidenced by the Vessel’s Xxxx
of Lading and/or passenger tickets, entered into by Carrier during the effective period of
this Agreement and to extend to Contractor the coverage of the Carriage of Goods by Sea Act
of the United States (“COGSA”) to the period of time prior to loading and subsequent to
discharging while the cargo is in the custody of Carrier or its agents or other contractors,
including Contractor. Regardless of any limitation of liability, even if no such limitation
is specified in Carrier’s contracts of carriage (i.e. Vessel’s Bills of Lading), contracts
of affreightment or otherwise, the maximum limitation amount for which Contractor shall be
liable to Carrier or any third party shall not exceed the highest amount as calculated
between (i) and (ii) below:
The Highest Of:
(i) | $1,000/package (a “package” being defined as including a
unitized load, group or assemblage and shall include a, skid, pallet, cradle or
the like) |
(ii) | The limitation under the Hague-Visby Rules as amended at
Brussels December 21, 1979 (S.D.R. Protocol). |
(h) Contractor is relieved of all liability to Carrier for all claims for cargo loss,
delay, damage or shortage of any nature or description unless a claim in writing has been
made to Contractor, or suit is brought or an arbitration proceeding is initiated against
Contactor, within one year after delivery of the goods or the date when the goods should
have been delivered; or, if a claim has been timely made, but declined, suit or an
arbitration proceeding is not brought within two years from the date of declination of the
claim in whole or in part against Contractor. These time periods also include suits for
indemnity by Carrier against Contractor for payments paid or faced, including subrogation
claims, and no extension of time for suit by Carrier, its agents or assigns to any third
party shall extend the time limitations set forth herein unless expressly agreed in writing
by Contractor.”
17. | New Sections 10(o), (p), and (q) are added to the Terminal Agreement as follows: |
“(o) Notwithstanding section (g) or any other language herein, Contractor reserves the right
to reject any payment by Carrier to a third party (due to settlement, adjudication or
otherwise) unless Carrier provides Contractor with prior notice of intent to make payment
and receives pre-approval and consent from Contractor in writing. Contractor will use best
efforts to respond to Carrier’s intent to make payment within 30 days of receiving all
relevant supporting claim documentation.
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(p) In the event that the shipper shall declare the value of the goods in a particular
instance, and such value shall be noted on the face of the xxxx of lading issued by Carrier
to cover such goods, and shipper shall pay or promise to pay extra freight charges to induce
Carrier to increase the limit of its liability to the declared amount, then, and in each
such event, prior to the limit of Contractor’s liability being similarly increased, Carrier
shall....
(i) | Notify Contractor, in advance and in writing of Carrier’s intention
to reimburse Contractor for the cost of obtaining increased insurance to cover the
additional risk imposed upon Contractor in such case; or |
(ii) | Indemnify Contractor against any liability in excess of Contractor’s
maximum limitation amount as described in (g) above. |
(q) Claims of less than $300 in the aggregate arising from any one incident shall be
resolved, in the event brought by a third party, by the party against whom such claim is
asserted. Carrier and Contractor agree that they shall not assert claims against one
another for amount less than $300 in the aggregate arising from any one incident.
18. | A new Section 12 (d) is added to the Terminal Agreement, as follows: |
“Notwithstanding any other provision of this Agreement, if Carrier exercises its right to
extend this Agreement for one additional period of two (2) years pursuant to Section 3(a) of
this Agreement, beginning on January 1, 2016, all Base Lift Rates will increase by a
one-time factor of *, and all other rates will remain unchanged except for
escalations allowed by this Agreement. For avoidance of doubt the * increase to
the base lift rate is in addition to escalations to the base lift rate allowed by this
Agreement”
19. | Section 15(c) of the Terminal Agreement is deleted and replaced with the following:
“Except for retroactive XXX or ILWU agreements and assessments: neither party shall be
liable hereunder for charges if Contractor fails to xxxx for activity that occurred within
six months from the date of the activity; neither party shall be required to return an
overpayment to the other party if the party that overpaid fails to notify the other party
within six months after the date of activity that resulted in such overpayment; and
Carrier will not request a refund or dispute an invoice that has been paid that is older
than six months.” |
20. | A new Section 15(d) is added to the Terminal Agreement, as follows: |
“If Carrier has a vessel sharing, space charter or similar agreement with respect
to the TP1 vessel string, Contractor shall invoice vessel related terminal fees and
expenses in accordance with the agreed split of such fees and expenses instructed by
Carrier so long as such other carrier or carriers consent to such agreed split of fees
and expenses in writing”. |
21. | The Terminal Agreement’s Exhibit A is deleted and replaced in its entirety with the
attached First Revised Exhibit A, which is made a part of this Amendment No. 3. All
references to “Exhibit A” in the Terminal Agreement shall be changed to “First Revised
Exhibit A”. |
22. | Section 2.1.I. of Appendix I of the Terminal Agreement is revised by redesignating it
as Section 2.1.I.A. |
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23. | New Sections 2.1.I.B., 2.1.I.C., and 2.1.I.D. are added to Appendix I of the Terminal
Agreement as follows: |
“B. Berth/Crane/Productivity Guarantees: Notwithstanding any other provision of
this Agreement:
(1 | ) | Houston. | Berth: | Thursday 0700 to Friday 0600 | ||||||||
Cranes: | Crane Density * cranes Thursday 0700 to 1800, * cranes Thursday 1900 to Friday 0600. Crane density provided crane split/moves allows for * or * cranes and cutoff procedures adhered to. | |||||||||||
Productivity: | * moves per hour, average moves per hour per crane per vessel operation. |
Productivity is measured from start of work to finish of work and Contractor shall
only be required to meet this guarantee based on actual hours of work that excludes
heavy lifts, meal (and other planned) breaks and detentions beyond the control of
Contractor. Further vessel productivity targets bar any extraordinary operating
conditions such as extreme weather, strike or slow down beyond the control of
Contractor.
(2 | ) | Jacksonville | Berth: | Tuesday and Friday 0700 to 1800 | ||||||||
Cranes: | * cranes provided crane split and move count allows for * cranes. | |||||||||||
Productivity: | * moves per hour, average moves per hour per crane per vessel operation. |
Productivity is measured from start of work to finish of work and Contractor shall only
be required to meet this guarantee based on actual hours of work that excludes heavy
lifts, meal (and other planned ) breaks and detentions beyond the control of
Contractor. Further vessel productivity targets bar any extraordinary operating
conditions such as extreme weather, strike or slow down beyond the control of
Contractor
(3 | ) | Los Angeles | Berth: | Thursday 0800 to Saturday 0500 and Sunday 0800 to Monday 0500 | ||||||||
Cranes: | * cranes provided crane split and move count allows for * cranes Friday 0800 to Saturday 0500 and * crane Thursday 0800 to 1800. | |||||||||||
From 2011, Contractor will provide * cranes on Thursday day or * crane Thursday second shift if change in inbound volumes requires the additional crane. | ||||||||||||
Productivity: | Contractor will complete the vessel by Saturday 0500 and Monday 0500 provided that split/moves allows, cargo cut offs are defined and agreed to in updated Working | |||||||||||
Procedures Manual and there were no circumstances beyond the control of Contractor which affected completion of vessel within the above pro forma window. | ||||||||||||
It is not the intent to work vessel on 2nd or 3rd shift Thursday. | ||||||||||||
Both teams to work together making shift ganging decisions that will not compromise Carrier’s vessel stow and customer service requirements nor will they impact the ability to stevedore an efficient and cost effective operation. | ||||||||||||
This section based on vessel capacities current as of January 1, 2010. |
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(4 | ) | Tacoma | Berth: | ALA 1 — Wednesday 0700 to Wednesday 2400 ALA 2 — Friday 0700 to Friday 2400 PEX — Sunday 0700 to Sunday 1800 |
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Cranes: | Sufficient cranes to complete vessel within pro forma window. | |||||||||||
Productivity: | Contractor will complete the vessels by Wednesday 2400 (2200 in winter months), and Friday 2400 (2200 in winter months) provided that split/moves allows for at least four crane split for 8 hours, cargo cut offs are defined and agreed to in updated Working Procedures Manual and there were no circumstances beyond the control of Contractor which affected completion of vessel within the above pro forma window. Contractor will complete PEX vessels by Sunday 1800. | |||||||||||
Both teams to work together making shift ganging decisions that will not compromise Carrier’s vessel stow and customer service requirements nor will they impact the ability to stevedore an efficient and cost effective operation. | ||||||||||||
This section is based on the vessel capacities current as of January 1, 2010. | ||||||||||||
Additional Agreement: | ||||||||||||
Tuesday 1800 to Wednesday 0700 — Berth/Crane(s) will be made available if operationally feasible. | ||||||||||||
Thursday 1800 to Friday 0700 — Berth/Crane(s) will be made available if operationally feasible. | ||||||||||||
Contractor acknowledges that Carrier may have a summer service that may require a berth/crane(s) on Monday. Contractor will review request for summer service annually on 60 day notice from Carrier and use best efforts to provide cranes and berth required. |
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C. Gate Turn Times: Notwithstanding any other provision of this Agreement:
(1) | Houston: Contractor to achieve an average gate turn time of
* minutes for a single transaction and * minutes for a double
transaction. Contractor will also strive to achieve lower gate turn times of
* minutes for a single transaction and * minutes for a double
transaction. |
(2) | Jacksonville: Contractor to achieve an average gate turn time
of * minutes for a single transaction and * minutes for a double
transaction. Contractor will also strive to achieve lower gate turn times of
* minutes for a single transaction and * minutes for a double
transaction. |
(3) | Los Angeles: Contractor to achieve an average gate turn time
of * minutes for a single transaction and * minutes for a double
transaction for both domestic and international cargo. Contractor will also
strive to achieve lower gate turn times of * minutes for a single
transaction and * minutes for a double transaction. |
(i) | Contractor will provide flex gates on Friday
1st and 2nd shifts. |
(ii) | When Carrier no longer uses the equipment of another
carrier which is also a customer of Contractor—that is—when Carrier has
its own separate and distinct equipment pool, Contractor will provide
Carrier with a separate empty pile. |
(iii) | Contractor will work with Carrier to take actionable
steps to reduce gate turn times for Carrier which includes the
international requirements. |
(4) | Tacoma: Until such time as Contractor has another carrier on
terminal, Contractor to achieve an average gate turn-time of * minutes
for a single transaction and * minutes for a double transaction. If and
when Contractor has another carrier on terminal, Contractor to achieve an
average gate turn-time of * minutes for a single transaction and *
minutes for a double transaction. Contractor will also strive to achieve lower
gate turn times of * minutes for a single transaction and * minutes
for a double transaction. |
(5) | In all cases, the turn time is measured from gate pedestal to
out gate and does not include trouble transactions or Carrier not having
sufficient good order equipment available. |
D. Gate Trouble Transaction: Both parties will cooperate to reduce the number and length of
gate trouble transactions and to minimize any resultant cargo delays.
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24. | All references to “Appendix I” in the Terminal Agreement shall be changed to “Appendix
I, as amended”. |
25. | The Terminal Agreement’s Revised Appendix II is deleted and replaced in its entirety with
the attached Second Revised Appendix II, which is made a part of this Amendment No. 3. All
references to “Appendix II” and “Revised Appendix II” in the Terminal Agreement shall be
changed to “Second Revised Appendix II”. |
26. | Effective Date. The Rates in Second Revised Appendix II shall become effective as of
January 1, 2010, except as provided in Section 9 above. All other terms set forth in this
Amendment No. 3 shall become effective as of June 7, 2010. |
27. | This Amendment No. 3 supersedes and replaces the terms and conditions of the
Memorandum of Understanding among Horizon Lines, LLC, Horizon Lines of Alaska, LLC and APM
Terminals North America, Inc. entered into as of January 27, 2010. |
28. | No Other Modification. The Terminal Agreement is only modified as set forth herein and
in all other respects remains in full force and effect. |
29. | Governing Law. The validity, meaning and effect of this Amendment No. 3 shall be
determined in accordance with the Applicable Law clause of the Terminal Agreement. |
30. | Counterparts. This Amendment No. 3 may be executed in two counterparts, each of which
shall be deemed an original, but all of which together shall be constitute one and the same
instrument. |
13
IN WITNESS WHEREOF, this Amendment No. 3 has been executed below by the duly authorized
representative of each party.
HORIZON LINES, LLC | ||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Its: | Vice President | |||||
HORIZON LINES OF ALASKA, LLC | ||||||
By: | /s/ Xxxxxx Xxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxx | |||||
Its: | Vice President | |||||
APM TERMINALS NORTH AMERICA, INC. | ||||||
By: | /s/ Xxxxxx Xxxxxxxxxxx | |||||
Name: | Xxxxxx Xxxxxxxxxxx | |||||
Its: | Director, Contracting and Pricing |
[Signature Page to Amendment No. 3 to the Stevedoring and Terminal Services Agreement]
14
FIRST REVISED EXHIBIT A
EXCLUSIVE TERMINALS
This First Revised Exhibit A is attached to and made a part of the
Stevedoring and Terminal Services Agreement,
Dated May 9th, 2004, as amended
Among Horizon Lines, LLC, Horizon Lines of Alaska, LLC and APM Terminals North America, Inc.
EXCLUSIVE TERMINALS
This First Revised Exhibit A is attached to and made a part of the
Stevedoring and Terminal Services Agreement,
Dated May 9th, 2004, as amended
Among Horizon Lines, LLC, Horizon Lines of Alaska, LLC and APM Terminals North America, Inc.
Location of Terminal | Terminal Territory | |
Port Elizabeth, New Jersey
|
State of New York or New Jersey | |
Jacksonville, Florida
|
Range from Jacksonville, Florida to Savannah, Georgia |
|
Los Angeles, California
|
Southern California | |
Tacoma, Washington
|
State of Washington | |
Houston, Texas or successor terminal In Houston, Texas |
State of Texas |
15

Horizon Lines
Terminal Services Rates at
APM Terminals — Jacksonville, FL
Rates Effective January 1, 2010 to September 30, 2010
1. A. Discharge or Load — Base Rate — per marine lift |
$ | * | ||||||
B. Transshipment per move |
$ | * | ||||||
C. Shifting Cell to Cell within the same hatch |
$ | * | ||||||
D. Restowing container Cell to Dock to Cell |
$ | * | ||||||
E. Overheight unit lifted with overheight spreader (no wires) |
$ | * | per lift |
Rate includes straight-time stevedoring staff/gangs, normal container lashing/unlashing on vessel
(excluding detentions), crane rental, tractors during vessel operations, assisting in receiving and
delivery, clerking and checking during vessel operations, weighing of export containers, cargo plan
preparation, roadability check (labor only), visual seal inspection, and load/empty cycle to/from
vessel including tir preparation. Standard operational procedure is that all containers to be
wheeled.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves will be invoiced to the carrier as per Item
number 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
Lifting Bundles of Flat Racks/Chassis —
A. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
B. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge |
||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates |
||
ii. | Contract charge for bundling / unbundling |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
C. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat
loaded/discharged provided that the contractor follows the stow plan provided by the
carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2. |
A. Reefer Differential assessed to each loaded reefer for plug/unplug
services, quality check at time of discharge /loading,
record keeping, and administrative services. This rate does not include pre-tripping, labor
to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be
charged also for reefers received/delivered with no vessel activity.
|
$ | * per loaded reefer | |||||
B. Daily Reefer monitoring and electric charges per calendar day or
portion thereof (minimum one day charge).
|
$ | * Daily charge | ||||||
First Calendar Day to receive a * discount from stated rate. | ||||||||
3.
|
Maintenance and Repair (M and R) Man Hour Rates |
ST $ * | OT $ * | DT $ * | DOT $ * |
Installing/Removing Gensets
|
— 30 minutes at the applicable M and R man hour rate plus $* | |
Fueling Gensets
|
— 12 minutes at the applicable M and R man hour rate | |
Stringing Gensets
|
— 12 minutes at the applicable M and R man hour rate |
4. A. Standby / Guarantee per Gang per hour Straight Time |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
B. Extra Labor / Heavy Lifts per Gang per hour Straight Time |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
C. Detentions per Gang per hour Straight Time (See Appendix 1 “Detentions” for list of billable and non-billable detentions) |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
5. Overtime Differentials per gang per hour |
||||
A. Overtime |
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
2
B. Double Time |
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
C. Double Overtime |
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
D. Double Double Overtime |
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * |
6. | Overtime Gate Charges — Extra labor plus equipment per Items 13 and 12 below prorated between carriers based on percentage of moves utilizing gate outside standard terminal gate hours. Current standard gate hours are 0800 to 1700 Monday, Wednesday, and Thursday and 0700 to 1700 Tuesday and Friday. Holiday gates which are included in the base lift rate are stated on the attached schedule. | |
UMS reserves the right to change the standard gate hours if proforma or volume changes warrant it.
If the terminal operator chooses to open during the lunch period or operate flex gates there will
be no extra charge to the carrier. Overtime gate charges also apply to XXX holidays. Note: A flat fee of $ * will be charged for receiving containers between 1700 to 1900 hours on Friday. |
7.
|
Extra Gate Moves (exceeding the * gate moves included per vessel lift). Billing to be done on a calendar month basis. | $ | * per move | |||||||
8. | Mounting/Grounding — | Straight Time $ * | ||||||||
Overtime $ * |
** | Subject to minimum labor guarantees |
Each container that is required to be handled within stack to carry out request will be charged a
mount and/or ground fee. Also, this item would apply if there is an overall change by Horizon
Lines in the mode of operation. This rate will include drayage of container within the terminal.
In regards to For Sale and Off Hire containers, if a trucker requests a specific container number,
then Contractor will charge a mounting/grounding charge per move shifted/handled, excluding the
move for the container delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special request
to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to
order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 13 and
12 below).
Carrier has option of paying on Extra labor plus equipment basis (Items 13 and 12 below) subject to
minimum labor guarantees.
9. | Miscellaneous Parts for Roadability — Carrier to negotiate directly with M and R vendor. This is not applicable to Maersk owned chassis. |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
3
10. | Maintenance — Carrier to handle directly with M and R vendor. |
11.
|
Drayage | |||
Customs Vacis/Security/Government exams | Per Terminal Tariff | |||
Other drays within terminal | $ * one way |
12. | Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader | $ * per hour | |||
- Yard Hustler | $ * per hour | |||
- Empty Handler | $ * per hour | |||
- Bombcart | $ * per hour | |||
- Container Crane | Per APM Terminals contract rate with Port Authority |
13.
|
Extra Labor Rates | Straight Time | $ * Double Time | $ * | ||||
Overtime | $ * Double Overtime | $ * | ||||||
14. | Dockage and Wharfage | — Charged at APM Terminals contract rate with Port Authority. | ||||||
15. | Line Handling | — Actual Man hours at Extra labor rates plus any man hour guarantees. |
16. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container. (Excludes demurrage) |
17. | Terminal storage charges |
— Storage of empty containers | $ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each month times * times the number of days in the month. Excess empty container days over such allowed free days will be charged monthly at the following rate per container per day. (Free Days = Lifts x * x Days in Period) | ||
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties agree when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the storage cap, Carrier will be required to present the respective terminal with an empty evacuation plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily storage cap is equal to * of the Carrier’s previous year’s annual throughput. |
18.
|
Demurrage — | Terminal Operator will xxxx, collect, and retain demurrage from carrier according to the terminal tariff in effect on October 15, 2006. Below is the table of rates from the terminal tariff. |
Free time for export cargo is
|
* calendar days. | |
Free time for import cargo is
|
* business days for dry containers and * business days for temperature controlled containers. |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
4
Demurrage Rates (per 20’/40’ container per calendar day or part thereof) | |||||||||
Inbound/Outbound/Transshipments | |||||||||
I) | One to Ten (1 — 10) Days (first period) | ||||||||
Dry General Purpose containers/Non-operating Reefers | $ | * | |||||||
Operating Reefers | $ | * | |||||||
Flat Racks, Open Tops, and Special Equipment | $ | * | |||||||
Tank Containers | $ | * | |||||||
II) | Eleventh Day and Above (second period) | ||||||||
Dry General Purpose containers/Non-operating Reefers | $ | * | |||||||
Operating Reefers | $ | * | |||||||
Flat Racks, Open Tops, and Special Equipment | $ | * | |||||||
Tank Containers | $ | * |
The only exception is that the Contractor shall grant Carrier * days free time for autoracks,
pallet loads, and dunnage provided that Carrier provides a list of these containers to Contractor
48 hours prior to vessel’s arrival.
19.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * | ||
20.
|
Bundling of Chassis/Flat Racks | $ * per chassis/flat plus materials |
** | Subject to minimum labor guarantees |
21. | Out of service equipment (containers and chassis) remaining on terminal in excess of * calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container/chassis per day. | |
If container is able to be stacked in a normal manner and fits in one container slot then storage only applies. (Item 17 above) |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
5
22. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 13 and 12 above). | |||||||
23.
|
Chassis Switching charge | Straight Time | $ * | |||||
Overtime | $ * | |||||||
To/From truckers equipment. From/To chassis. | ||||||||
Switching of reefer containers from underslung genset chassis. | . | |||||||
25.
|
Reefer Fuel will be charged based on the following formula: | |||||||
The total number of running reefers loaded and discharged from vessels and barges for the month times * times * gallons per reefer times the average cost of a gallon of reefer fuel for the month at fuel vendor’s charge to Contractor plus *. |
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days
advance notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based
on the average weekly cost as published by government at the following web site (or similar web
site if this site no longer exists)
xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx
26.
|
Security Guard, on Overtime | $ * per hour |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
6

Horizon Lines
Terminal Services Rates at
APM Terminals — Jacksonville, FL
Terminal Services Rates at
APM Terminals — Jacksonville, FL
Baseline Rates Schedule effective January 1, 2011 Rates to be adjusted Labor/CPI increases as per
Agreement Appendix V and VI
Agreement Appendix V and VI
The rates in this Appendix effective on January 1, 2011 shall be the numbers listed below, provided
however that such numbers are only baseline numbers and each shall be increased by the amount of
the increases as described in Sections 6(b), 12(a), 12(b) and 12(c) of the Terminal Agreement dated
as of May 9, 2004 (the “Original Agreement”) during the time period prior to January 1, 2011 and
Sections 6(b), 12(a), 12(b) and 12(c) as revised in Amendment 2 dated November 30, 2006.
For example, if the rate item no. 1A for Jacksonville in the Original Agreement CPI/Labor increases
on October 1, 2010 by *, then the $ * baseline rate listed below shall be increased to $
*. The subsequent increases in the Original Agreement would also be applied to this rate
through December 31, 2010. All rates in the below schedule would be adjusted in a similar manner
based on their percentage increase in the Original Agreement.
1. A. Discharge or Load — Base Rate — per marine lift |
$ | * | ||||
i) Lift rate 1A will be discounted as follows: |
||||||
Calendar years 2011 and 2012 |
$ * per lift discount | |||||
Calendar years 2013 through 2015 |
$ * per lift discount | |||||
B. Transshipment per move |
$ | * | ||||
C. Shifting Cell to Cell within the same hatch |
$ | * | ||||
D. Restowing container Cell to Dock to Cell |
$ | * | ||||
E. Overheight unit lifted with overheight spreader (no wires) |
$ | * per lift |
Rate includes straight-time stevedoring staff/gangs, normal container lashing/unlashing on vessel
(excluding detentions), crane rental, tractors during vessel operations, assisting in receiving and
delivery, clerking and checking during vessel operations, weighing of export containers, cargo plan
preparation, roadability check (labor only), visual seal inspection, and load/empty cycle to/from
vessel including tir preparation. Standard operational procedure is that all containers to be
wheeled.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves will be invoiced to the carrier as per Item
number 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
7
Lifting Bundles of Flat Racks/Chassis —
D. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
E. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates |
ii. | Contract charge for bundling / unbundling |
F. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2.
|
A. Reefer Differential assessed to each loaded reefer for plug/unplug
services, quality check at time of discharge /loading,
record keeping, and administrative services. This rate does not include pre-tripping, labor
to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be
charged also for reefers received/delivered with no vessel activity.
|
$ * per loaded reefer | ||
B. Daily Reefer monitoring and electric charges per calendar day or
portion thereof (minimum one day charge).
|
$ * Daily charge | |||
First Calendar Day to receive a * discount from stated rate. | ||||
3.
|
Maintenance and Repair (M and R) Man Hour Rates |
ST $ * | OT $ * | DT $ * | DOT $ * |
Installing/Removing Gensets
|
— 30 minutes at the applicable M and R man hour rate plus $ * | |
Fueling Gensets
|
— 12 minutes at the applicable M and R man hour rate | |
Stringing Gensets
|
— 12 minutes at the applicable M and R man hour rate |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
8
4. A. Standby / Guarantee
per Gang per hour Straight Time |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
B. Extra Labor / Heavy Lifts per
Gang per hour Straight Time |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
C. Detentions per Gang per hour
Straight Time (See Appendix 1 “Detentions” for list of billable and non-billable detentions) |
||||
One Gang | $ * | |||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
5. Overtime Differentials
per gang per hour |
||||
A. Overtime
|
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
B. Double Time
|
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
C. Double Overtime
|
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * | |||
D. Double Double Overtime
|
One Gang | $ * | ||
Two Gangs | $ * | |||
Three Gangs | $ * |
6. | Overtime Gate Charges — Extra labor plus equipment per Items 13 and 12 below prorated between carriers based on percentage of moves utilizing gate outside standard terminal gate hours. Current standard gate hours are 0800 to 1700 Monday, Wednesday, and Thursday and 0700 to 1700 Tuesday and Friday. Holiday gates which are included in the base lift rate are stated on the attached schedule. | |
UMS reserves the right to change the standard gate hours if proforma or volume changes warrant it. If the terminal operator chooses to open during the lunch period or operate flex gates there will be no extra charge to the carrier. Overtime gate charges also apply to XXX holidays. | ||
Note: A flat fee of $ * will be charged for receiving containers between 1700 to 1900 hours on Friday. |
7.
|
Extra Gate Moves (exceeding the * gate moves included per vessel lift). Billing to be done on a calendar month basis. | $ | * per move | |||||||
8. | Mounting/Grounding — | Straight Time $ * | ||||||||
Overtime $ * |
** | Subject to minimum labor guarantees |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
9
Each container that is required to be handled within stack to carry out request will be charged a
mount and/or ground fee. Also, this item would apply if there is an overall change by Horizon
Lines in the mode of operation. This rate will include drayage of container within the terminal.
In regards to For Sale and Off Hire containers, if a trucker requests a specific container number,
then Contractor will charge a mounting/grounding charge per move shifted/handled, excluding the move for
the container delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special request
to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to
order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 13 and
12 below).
Carrier has option of paying on Extra labor plus equipment basis (Items 13 and 12 below) subject to
minimum labor guarantees.
9. | Miscellaneous Parts for Roadability — Carrier to negotiate directly with M and R vendor. | |
This is not applicable to Maersk owned chassis. | ||
10. | Maintenance — Carrier to handle directly with M and R vendor. |
11.
|
Drayage | |||
Customs Vacis/Security/Government exams | Per Terminal Tariff | |||
Other drays within terminal | $ * one way |
12. | Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader | $ * per hour | |||
- Yard Hustler | $ * per hour | |||
- Empty Handler | $ * per hour | |||
- Bombcart | $ * per hour | |||
- Container Crane | Per APM Terminals contract rate with Port Authority |
13.
|
Extra Labor Rates | Straight Time | $ * Double Time | $ * | ||||
Overtime | $ * Double Overtime | $ * | ||||||
14. | Dockage and Wharfage | — Charged at APM Terminals contract rate with Port Authority. | ||||||
15. | Line Handling | — Actual Man hours at Extra labor rates plus any man hour guarantees. |
16. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * or allowed mounting/grounding and will be billed $ * per container. (Excludes demurrage) |
17. | Terminal storage charges |
— Storage of empty containers | $ * per unit per day |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
10
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day.
(Free Days = Lifts x * x Days in Period)
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the
parties agree when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the storage cap, Carrier will be required to present the respective terminal with an empty evacuation plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily storage cap is equal to * of the Carrier’s previous year’s annual throughput.
parties agree when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the storage cap, Carrier will be required to present the respective terminal with an empty evacuation plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily storage cap is equal to * of the Carrier’s previous year’s annual throughput.
18.
|
Demurrage — | Terminal Operator will xxxx, collect, and retain demurrage from carrier according to the terminal tariff in effect on October 15, 2006. Below is the table of rates from the terminal tariff. |
Free time for export cargo is
|
* calendar days. | ||
Free time for import cargo is
|
* business days for dry containers and * business days for temperature controlled containers. |
Demurrage Rates (per 20’/40’ container per calendar day or part thereof) | |||||||||
Inbound/Outbound/Transshipments | |||||||||
I) | One to Ten (1 — 10) Days (first period) | ||||||||
Dry General Purpose containers/Non-operating Reefers | $ | * | |||||||
Operating Reefers | $ | * | |||||||
Flat Racks, Open Tops, and Special Equipment | $ | * | |||||||
Tank Containers | $ | * | |||||||
II) | Eleventh Day and Above (second period) | ||||||||
Dry General Purpose containers/Non-operating Reefers | $ | * | |||||||
Operating Reefers | $ | * | |||||||
Flat Racks, Open Tops, and Special Equipment | $ | * | |||||||
Tank Containers | $ | * |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO___ |
11
The only exception is that the Contractor shall grant Carrier * business days free time for
autoracks, pallet loads, and dunnage provided that Carrier provides a list of these containers to
Contractor 48 hours prior to vessel’s arrival.
19.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * | ||||
20.
|
Bundling of Chassis/Flat Racks | $ * per chassis/flat plus materials |
** | Subject to minimum labor guarantees |
21. | Out of service equipment (containers and chassis) remaining on terminal in excess of * calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container/chassis per day. | |
If container is able to be stacked in a normal manner and fits in one container slot then storage only applies. (Item 17 above) | ||
22. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 13 and 12 above). |
23.
|
Chassis Switching charge | Straight Time | $ * | |||
Overtime | $ * | |||||
To/From truckers equipment. From/To chassis. Switching of reefer containers from underslung genset chassis. | ||||||
24.
|
Reefer Fuel will be charged based on the following formula: | |||||
The total number of running reefers loaded and discharged from vessels and barges for the month times * times * gallons per reefer times the average cost of a gallon of reefer fuel for the month at fuel vendor’s charge to Contractor plus *. | ||||||
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on the average weekly cost as published by government at the following web site (or similar web site if this site no longer exists) xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx |
25.
|
Security Guard, on Overtime | $ * per hour |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
12

Horizon Lines
Terminal Services Rates at
APM Terminals — Los Angeles, CA
Terminal Services Rates at
APM Terminals — Los Angeles, CA
Rates Effective January 1, 2010 to June 30, 2010
1.
|
A. | Discharge or Load — Base Rate — per marine lift | $ * | |||
B. | Transshipment per move | $ * | ||||
C. | Shifting Cell to Cell within the same hatch | $ * | ||||
D. | Restowing container Cell to Dock to Cell | $ * | ||||
E. | Overheight unit lifted with overheight spreader (no wires) | $ * per lift |
Rate includes first shift weekday stevedoring staff/gangs, normal container lashing/unlashing on
vessel (excluding detentions), crane rental, tractors during vessel operations, assisting in
receiving and delivery, wharfage, dockage, clerking and checking during vessel operations, weighing
of export containers, cargo plan preparation, roadability check (labor only), visual seal
inspection at gate, and load/empty cycle to/from vessel including tir preparation. Standard
operational procedure is a grounded operation with the exception of reefers, special hazardous and
loaded tank containers.
Receiving and delivery gates will be in operation for first shift (0800 — 1700) and second shift
(1800 — 0300) on weekdays excluding holidays. If the terminal operator chooses to open during the
lunch period or open 0700 to 0800 hours weekdays, there will be no extra charge to the carrier.
Friday second shift for wheeled operation only.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves, will be invoiced to the carrier as per
Item 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
APMT agrees to have * Horizon Lines Owned empty reefers and * Horizon Lines Owned 45’
empties wheeled on a daily basis
A communication plan from Horizon Lines will be agreed to by
APMT and direct the daily execution of such agreement.
Lifting Bundles of Flat Racks/Chassis —
A. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge | ||
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
13
B. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates | ||
ii. | Contract charge for bundling / unbundling |
C. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2.
|
A. | Reefer Differential assessed to each loaded reefer for plug/unplug services, quality check at time of discharge /loading, record keeping, administrative services. This rate does not include pre-tripping, labor to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be charged also for reefers received/delivered with no vessel activity. | $ * per loaded reefer | |||
B. | Daily Reefer monitoring and electric charges per calendar day or portion thereof (minimum one day) | $ * Daily charge | ||||
First Calendar Day to receive a * discount from stated rate. |
3. | Maintenance and Repair (M and R) Man Hour Rates |
1st Shift Straight Time
|
$ * | 1st Shift Overtime | $ * | |||
2nd Shift Straight Time
|
$ * | 2nd Shift Overtime | $ * | |||
3rd Shift Straight Time
|
$ * | 3rd Shift Overtime | $ * |
Installing or Removing Gensets
|
- 30 minutes at the applicable M and R man hour rate plus $ * | |
Fueling Gensets
|
- 12 minutes at the applicable M and R man hour rate | |
Fuel for Gensets:
|
- covered in item no. 27 | |
Stringing of Gensets
|
- 15 minutes at the applicable M and R man hour rate |
4.
|
A. | Standby/Guarantee per Gang per hour | ||||
Weekday, 1st Shift Straight Time | $ * | |||||
In addition, overtime differentials (Item 5) will apply based on period. | ||||||
B. | Extra Labor/Heavy Lifts per Gang per hour | |||||
Weekday, 1st Shift Straight Time | $ * | |||||
In addition, overtime differentials (Item 5) will apply based on period. |
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
14
C. | Detentions per Gang per Hour | |||||
(See Appendix 1 “Detentions” for list of billable and non-billable detentions) | ||||||
Weekday, 1st Shift Straight Time | $ * | |||||
In addition, overtime differentials (Item 5) will apply based on period. |
5. | Overtime Differentials per Gang per hour |
Weekday, 2nd Shift
|
$ * | Weekend, 3rd Shift | $ * | |||
Weekday, 3rd Shift
|
$ * | Holiday, 1st/2nd Shift Weekday | $ * | |||
Weekend, 1st Shift
|
$ * | Holiday, 3rd Shift Weekday | $ * | |||
Weekend, 2nd Shift
|
$ * |
6. | Overtime Gate Charges — Extra labor plus equipment per Items 14 and 12 prorated between Carriers based on percentage of moves utilizing gate. Terminal to charge only when outside of First and Second shift on straight time workdays (i.e. Monday through Friday excluding Holidays). Holiday gates which are included in the base lift rate are stated on attached schedule. Flex gate on first and second shift Friday will be provided at no extra charge. |
7.
|
Extra Gate Moves (exceeding the * gate moves included per vessel lift). Billing to be done on a calendar month basis. | $ * per move |
8.
|
Mounting/Grounding | Weekday, 1st Shift | $ * per move | |||
Weekday, 2nd Shift | $ * per move | |||||
Weekday, 3rd Shift | $ * per move | |||||
Weekend, 1st/2nd Shift | $ * per move | |||||
Weekend, 3rd Shift | $ * per move |
** | Subject to minimum labor guarantee |
Mounting and Grounding will only be charged when performed outside of the normal throughput cycle.
This includes but is not limited to digging out empty containers by container number, for sale
containers, off hire containers, containers moving to/from repair,
unusual requests requiring restacking of full containers, etc. Each container that is required to
be handled within stack to carry out request will be charged a mount and/or ground fee.
Also, this would apply if there is an overall change by Horizon Lines in the mode of operation.
This rate will include drayage of container within the terminal. In regards to For Sale and Off
Hire containers, if a trucker requests a specific container number, then Contractor will charge a
mounting/grounding charge per move shifted/handled, excluding the move for the container delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special request
to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to
order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 14 and
12 below).
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
15
9. | Miscellaneous Parts for Roadability — Carrier to handle directly with M and R vendor. This is not applicable to Maersk owned chassis. |
10.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * |
11. | This item intentionally left blank. | |
12. | Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader
|
$ * per hour | |
- Yard Hustler
|
$ * per hour | |
- Empty Handler
|
$ * per hour | |
- Transtainer
|
$ * per hour | |
- Bombcart
|
$ * per hour | |
- Container Crane
|
$ * per hour |
13.
|
Container lift on/lift off Rail Car at on dock rail facility | $ * per lift | ||
14.
|
Extra Labor Rates per man hour subject to minimum guarantees |
Weekday, 1st Shift
|
$ * | Weekend, 1st Shift | $ * | |||
Weekday, 2nd Shift
|
$ * | Weekend, 2nd Shift | $ * | |||
Weekday, 3rd Shift
|
$ * | Weekend, 3rd Shift | $ * |
15. | Line Handling — Carrier to handle payment directly with vendor. | |
16. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container for receipt/delivery (Excludes demurrage). |
17. | Terminal storage charges |
— Storage of empty containers
|
$ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day.
(Free Days = Lifts x * x Days in Period)
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties agree
when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the
storage cap, Carrier will be required to present the respective terminal with an empty evacuation
plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily
storage cap is equal to * empty containers.
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
16
18. | Demurrage — Terminal Operator will xxxx, collect, and retain demurrage from carrier according to the terminal tariff. |
The only exception is that the Contractor shall grant Carrier * business days free time for
autoracks, pallet loads, and dunnage provided that Carrier provides a list of these containers to
Contractor 48 hours prior to vessel’s arrival.
19.
|
Custom Vacis/Security /USDA Exams/other government exams | Per Terminal Tariff | ||||
Other drays within terminal premises not associated with throughput cycle. | $ * one way | |||||
20.
|
Bundling of Chassis/Flat Racks, | Weekday, 1st Shift | $ * per chassis/flat bundled plus materials |
|||
21.
|
Premounting of Empties | Weekday, 1st Shift | $ * per unit | |||
Weekday, 2nd Shift | $ * per unit |
22. | Out of service equipment (containers and chassis) remaining on terminal in excess of * calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container per day. | |
If container is able to be stacked in a normal manner and fits in one container slot then storage (Item 17) only applies. | ||
23. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 14 and 12 above). | |
24. | Fuel Surcharge (as of January 2010) $ * per lift Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year if fuel prices fall below the February 2005 level and eliminated if prices fall below the February 2004 level. |
25.
|
Chassis Switching charge | Weekday, 1st Shift | $ * per move | |||
Weekday, 2nd Shift | $ * per move | |||||
Weekday, 3rd Shift | $ * per move | |||||
Weekend, 1st/2nd Shift | $ * per move | |||||
Weekend, 3rd Shift | $ * per move |
To/From truckers equipment From/To chassis
Switching of reefer containers from underslung genset chassis
Switching of reefer containers from underslung genset chassis
** | Subject to minimum labor guarantees |
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
17
26. | Reefer Fuel will be charged based on the following formula | |
The total number of running reefers loaded and discharged from vessels and barges for the month times * times * gallons per reefer times the average cost of a gallon of reefer fuel for the month at fuel vendor’s charge to Contractor plus *. | ||
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on the average weekly cost as published by government at the following web site (or similar web site if this site no longer exists) xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx |
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
18

Horizon Lines
Terminal Services Rates at
APM Terminals — Los Angeles, CA
Terminal Services Rates at
APM Terminals — Los Angeles, CA
Baseline Rates Schedule effective January 1, 2011 Rates to be adjusted Labor/CPI increases as per
Agreement Appendix V and VI
Agreement Appendix V and VI
The rates in this Appendix effective on January 1, 2011 shall be the numbers listed below, provided
however that such numbers are only baseline numbers and each shall be increased by the amount of
the increases as described in Sections 6(b), 12(a), 12(b) and 12(c) of the Terminal Agreement dated
as of May 9, 2004 (the “Original Agreement”) during the time period prior to January 1, 2011 and
Sections 12(a), 12(b) and 12(c) as revised in Amendment 2 dated November 30, 2006.
For example, if the rate item no. 1A for Los Angeles in the Original Agreement CPI/Labor increases
on July 1, 2010 by *, then the $ * baseline rate listed below shall be increased to $ *.
The subsequent increases in the Original Agreement would also be applied to this rate through
December 31, 2010. All rates in the below schedule would be adjusted in a similar manner based on
their percentage increase in the Original Agreement
1. A. | Discharge or Load — Base Rate — per marine lift up to * lifts per calendar year |
$ | * | |||
* lifts and above per calendar year |
$ | * |
The first * lifts rate is $ * and lifts above * rate is $ *
B. | Transshipment per move |
$ | * | |||||||
C. | Shifting Cell to Cell within the same hatch |
$ | * | |||||||
D. | Restowing container Cell to Dock to Cell |
$ | * | |||||||
E. | Overheight unit lifted with overheight spreader (no wires) |
$ | * | per lift |
Rate includes first and second shift seven days a week (holidays excluded) stevedoring staff/gangs,
normal container lashing/unlashing on vessel (excluding detentions), crane rental, tractors during
vessel operations, assisting in receiving and delivery, wharfage, dockage, clerking and checking
during vessel operations, weighing of export containers, cargo plan preparation, roadability check
(labor only), visual seal inspection at gate, and load/empty cycle to/from vessel including tir
preparation. Standard operational procedure is a grounded operation with the exception of reefers,
special hazardous and loaded tank containers.
Receiving and delivery gates will be in operation for first shift (0800 — 1700) and second shift
(1800 — 0300) on weekdays excluding holidays. If the terminal operator chooses to open during the
lunch period or open 0700 to 0800 hours weekdays, there will be no extra charge to the carrier.
Friday second shift for wheeled operation only.
Horizon Lines Initials _TC____ | ||
Second Revised Appendix II | APMT Initials _MO____ |
19
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves, will be invoiced to the carrier as per
Item 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
APMT agrees to have * Horizon Lines Owned empty reefers and * Horizon Lines Owned 45’
empties wheeled on a daily basis A communication plan from Horizon Lines will be agreed to by
APMT and direct the daily execution of such agreement.
Lifting Bundles of Flat Racks/Chassis -
G. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
H. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge |
||
ii. | Contract charge for bundling/unbundling |
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates |
||
ii. | Contract charge for bundling / unbundling |
I. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2. A. | Reefer Differential assessed to each loaded reefer for plug/unplug
services, quality check at time of discharge /loading,
record keeping, administrative services. This rate does not include pre-tripping, labor to fuel
genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be charged also for
reefers received/delivered with no vessel activity. |
$ * per loaded reefer | ||||
B. | Daily Reefer monitoring and electric charges per calendar day or
portion thereof (minimum one day) |
$ * Daily charge | ||||
First Calendar Day to receive a * discount from stated rate. |
Horizon Lines Initials _TC____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
20
3.
|
Maintenance and Repair (M and R) Man Hour Rates | |||||||
1st Shift Straight Time | $ * | 1st Shift Overtime | $ * | |||||
2nd Shift Straight Time | $ * | 2nd Shift Overtime | $ * | |||||
3rd Shift Straight Time | $ * | 3rd Shift Overtime | $ * |
Installing or Removing Gensets | - 30 minutes at the applicable M and R man hour rate plus $ * | |||
Fueling Gensets | - 12 minutes at the applicable M and R man hour rate | |||
Fuel for Gensets: | - covered under item no. 27 | |||
Stringing of Gensets | - 15 minutes at the applicable M and R man hour rate |
4. A. | Standby/Guarantee per Gang per hour |
|||
Weekday, 1st Shift Straight Time
|
$ * |
In addition, overtime differentials (Item 5) will apply based on period.
B. | Extra Labor/Heavy Lifts per Gang per hour
|
|||||||
Weekday, 1st Shift Straight Time |
$ | * |
In addition, overtime differentials (Item 5) will apply based on period.
C. | Detentions per Gang per Hour (See Appendix 1 “Detentions” for list of billable and non-billable detentions) |
|||||||
Weekday, 1st Shift Straight Time |
$ | * |
In addition, overtime differentials (Item 5) will apply based on period.
5. | Overtime Differentials per Gang per hour | |||||||||||||
Weekday, 2nd Shift |
$ * | Weekend, 3rd Shift | $ | * | ||||||||||
Weekday, 3rd Shift |
$ * | Holiday, 1st/2nd Shift Weekday | $ | * | ||||||||||
Weekend, 1st Shift |
$ * | Holiday, 3rd Shift Weekday | $ | * | ||||||||||
Weekend, 2nd Shift |
$ * |
6. | Overtime Gate Charges — Extra labor plus equipment per Items 14 and 12 prorated between Carriers based on percentage of moves utilizing gate. Terminal to charge only when outside of First and Second shift on straight time workdays (i.e. Monday through Friday excluding Holidays). Holiday gates which are included in the base lift rate are stated on attached schedule. Flex gate on first and second shift Friday will be provided at no extra charge. |
7. | Extra Gate Moves (exceeding the * gate moves included per
vessel lift). Billing to be done on a calendar month basis. |
$ * per move |
Horizon Lines Initials _TC____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
21
8. | Mounting/Grounding |
Weekday, 1st Shift | $ * per move | ||||||||
Weekday, 2nd Shift | $ * per move | ||||||||||
Weekday, 3rd Shift | $ * per move | ||||||||||
Weekend, 1st/2nd Shift | $ * per move | ||||||||||
Weekend, 3rd Shift | $ * per move |
** | Subject to minimum labor guarantee |
Mounting and Grounding will only be charged when performed outside of the normal throughput cycle.
This includes but is not limited to digging out empty containers by container number, for sale
containers, off hire containers, containers moving to/from repair, unusual requests requiring
restacking of full containers, etc. Each container that is required to be handled within stack to
carry out request will be charged a mount and/or ground fee.
Also, this would apply if there is an overall change by Horizon Lines in the mode of operation.
This rate will include drayage of container within the terminal. In regards to For Sale and Off
Hire containers, if a trucker requests a specific container number, then Contractor will charge a
mounting/grounding charge per move shifted/handled, excluding the move for the container delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special request
to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to
order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 14 and
12 below).
9. | Miscellaneous Parts for Roadability — Carrier to handle directly with M and R vendor. This is not applicable to Maersk owned chassis. |
10.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * percent |
11. | This item intentionally left blank. |
12. | Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader - Yard Hustler - Empty Handler - Transtainer - Bombcart - Container Crane |
$ * per hour $ * per hour $ * per hour $ * per hour $ * per hour $ * per hour |
13. | Container lift on/lift off Rail Car at on dock rail facility |
$ * per lift | |||||||||
14. | Extra Labor Rates per man hour subject to minimum guarantees |
Weekday, 1st Shift | $ * | Weekend, 1st Shift | $ * | |||||
Weekday, 2nd Shift | $ * | Weekend, 2nd Shift | $ * | |||||
Weekday, 3rd Shift | $ * | Weekend, 3rd Shift | $ * |
Horizon Lines Initials _TC_____ | ||
Second Revised Appendix II | APMT Initials _MO_____ |
22
15. | Line Handling — Carrier to handle payment directly with vendor. |
16. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container for receipt/delivery (Excludes demurrage). |
17. | Terminal storage chargesc — Storage of empty containers |
$ | * | per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day.
(Free Days = Lifts x * x Days in Period)
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties agree
when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the
storage cap, Carrier will be required to present the respective terminal with an empty evacuation
plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily
storage cap is equal to * empty containers.
18. | Demurrage — Terminal Operator will xxxx, collect, and retain demurrage from carrier according to the terminal tariff. |
The only exception is that the Contractor shall grant Carrier * business days free time for
autoracks, pallet loads, and dunnage provided that Carrier provides a list of these containers to
Contractor 48 hours prior to vessel’s arrival.
19. | Custom Vacis/Security /USDA Exams/other government exams | Per Terminal Tariff | ||||
Other drays within terminal premises not associated with throughput cycle. |
$ | * | one way | |||
20. | Bundling of Chassis/Flat Racks, Weekday, 1st Shift |
$ | * | per chassis/flat bundled plus materials | ||
21. | Premounting of Empties
Weekday, 1st Shift |
$ | * | per unit | ||
Weekday, 2nd Shift |
$ | * | per unit |
22. | Out of service equipment (containers and chassis) remaining on terminal in excess of * calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container per day. |
If container is able to be stacked in a normal manner and fits in one container slot then storage
(Item 17) only applies.
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
23
23. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 14 and 12 above). |
24. | Fuel Surcharge as of January 2010 Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year if fuel prices fall below the February 2005 level and eliminated if prices fall below the February 2004 level. |
$ | * | per lift | ||||||
25. | Chassis Switching charge |
Weekday, 1st Shift | $ | * | per move | |||||
Weekday, 2nd Shift | $ | * | per move | |||||||
Weekday, 3rd Shift | $ | * | per move | |||||||
Weekend, 1st/2nd Shift | $ | * | per move | |||||||
Weekend, 3rd Shift | $ | * | per move |
To/From truckers equipment From/To chassis
Switching of reefer containers from underslung genset chassis
Switching of reefer containers from underslung genset chassis
** | Subject to minimum labor guarantees |
26. | Reefer Fuel will be charged based on the following formula The total number of running reefers loaded and discharged from vessels and barges for the month times * times * gallons per reefer times the average cost of a gallon of reefer fuel for the month at fuel vendor’s charge to Contractor plus *. |
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance
notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on the
average weekly cost as published by government at the following web site (or similar web site if
this site no longer exists)
xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
24

Horizon Lines
Terminal Services Rates at
APM Terminals – Tacoma, WA
Terminal Services Rates at
APM Terminals – Tacoma, WA
Rates Effective January 1, 2010 to June 30, 2010
1. A.
|
Discharge or Load – Base Rate – per marine lift | $ * | ||
B.
|
Transshipment per move | $ * | ||
C.
|
Shifting Cell to Cell within the same hatch | $ * | ||
D.
|
Restowing container Cell to Dock to Cell | $ * | ||
E.
|
Overheight unit lifted with overheight spreader (no wires) | $ * per lift |
Rate includes first shift weekdays stevedoring staff/gangs, normal container lashing/unlashing on
vessel (excluding detentions), crane rental, tractors during vessel operations, assisting in
receiving and delivery, wharfage, dockage, clerking and checking during vessel operations, weighing
of export containers, cargo plan preparation, roadability check (labor only), visual seal
inspection at gate and load/empty cycle to/from vessel including tir preparation.
Current standard operational procedure is for imports/exports to be wheeled. Also, APMT agrees to
have * Horizon Lines Owned empties wheeled on a daily basis, which includes * empties in
good order, * wheeled empties for M & R and, if available, * Maersk empties provided
containers required by Horizon customers and no additional mounting team is required, with a
maximum daily allowance of * empties on terminal. A communication plan from Horizon Lines will
be agreed to by APMT and direct the daily execution of such agreement. At which time increase in
volume at the facility restricts space for a wheeled operation, imports/exports will be grounded
and/or wheeled empties will be restricted. At least 90 days prior to any change of handling
wheeled containers APMT will discuss options with Horizon Lines and mutually agree on a workable
solution and associated costs.
Receiving and delivery gates will be in operation from 0800 to 1200 and from 1300 to 1700* on
straight time workdays. If the terminal operator chooses to open during the lunch period or to
open from 0700 to 0800 hours weekdays, there will be no extra charge to the carrier.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves, will be invoiced to the carrier as per
Item 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
* | Specifically, |
Drivers receiving/delivering empties must be processed by * hours.
Drivers receiving /delivering live reefers must be processed by * hours.
Drivers receiving import loads must be processed by * hours.
Drivers delivering wheeled export loads (except live reefers) must be processed by *.
Drivers receiving /delivering live reefers must be processed by * hours.
Drivers receiving import loads must be processed by * hours.
Drivers delivering wheeled export loads (except live reefers) must be processed by *.
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
25
Second shift gates Wednesday and Fridays:
Drivers receiving/delivering empties must be processed by * hours.
Lifting Bundles of Flat Racks/Chassis —
J. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge | ||
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
K. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates | ||
ii. | Contract charge for bundling / unbundling |
L. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2. A.
|
Reefer Differential assessed to each loaded reefer for plug/unplug services, quality check at time of discharge /loading, record keeping, administrative services. This rate does not include pre-tripping, labor to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be charged also for reefers received/delivered with no vessel activity. | $ * per loaded reefer | ||
B.
|
Daily Reefer monitoring and electric charges per calendar day or portion thereof (minimum one day charge) | $ * Daily charge |
First Calendar Day to receive a * discount from stated rate.
3. | Maintenance and Repair (M and R) Man Hour Rates | |||||||
1st Shift Straight Time | $ * | 1st Shift Overtime | $ * | |||||
2nd Shift Straight Time | $ * | 2nd Shift Overtime | $ * | |||||
3rd Shift Straight Time | $ * | 3rd Shift Overtime | $ * |
Installing or Removing Gensets
|
- 30 minutes at the applicable M and R man hour rate plus $ * | |
Fueling Gensets
|
- 12 minutes at the applicable M and R man hour rate | |
Stringing of Gensets
|
- 15 minutes at the applicable M and R man hour rate |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
26
4. A.
|
Standby/Guarantee per Gang per hour | |||
Weekday, 1st Shift Straight Time
|
$ * |
In addition, overtime differentials (Item 5) will apply based on period.
B.
|
Extra Labor/Heavy Lifts per Gang per hour | |||
Weekday, 1st Shift Straight Time
|
$ * |
In addition, overtime differentials (Item 5) will apply based on period.
C.
|
Detentions per Gang per Hour | |||
(See Appendix 1 “Detentions” for list of billable and non-billable detentions) | ||||
Weekday, 1st Shift Straight Time
|
$ * |
In addition, overtime differentials (Item 5) will apply based on period.
5. | Overtime Differentials per gang per hour | |||||||
Weekday, 2nd Shift | $ * | Weekend, 3rd Shift | $ * | |||||
Weekday, 3rd Shift | $ * | Holiday, 1st/2nd Shift Weekday | $ * | |||||
Weekend, 1st Shift | $ * | Holiday, 3rd Shift Weekday | $ * | |||||
Weekend, 2nd Shift | $ * |
6. | Overtime Gate Charges – Extra labor plus equipment per Items 13 and 12 below prorated between carriers based on percentage of moves utilizing gate outside standard terminal gate hours. Current standard gate hours are 0800 to 1700 Monday through Friday on straight time workdays. If the terminal operator chooses to open during the lunch period or operate flex gates there will be no extra charge to the carrier. Overtime gate charges also apply to ILWU holidays. Holiday gates which are included in the base lift rate are stated on attached schedule. | |
A flat rate will apply for second shift gate on Tuesday or Thursday of $ * per shift, and a flat rate on Wednesday or Friday of $ * per shift. If Horizon Lines wishes to remain open from 1700 -1800 any night this cost will be absorbed by Horizon Lines. | ||
A flat rate of $ * will be charged for 1st /2nd shift gate on Saturdays. This was increased in August 2008. |
7.
|
Extra Gate Moves (exceeding the * gate moves included per vessel lift). Billing to be done on a calendar month basis. | $ * per move |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
27
8.
|
Mounting/Grounding | Weekday, 1st Shift | $ * per move | |||
Weekday, 2nd Shift | $ * per move | |||||
Weekday, 3rd Shift | $ * per move | |||||
Weekend, 1st/2nd Shift | $ * per move | |||||
Weekend, 3rd Shift | $ * per move |
** | Subject to minimum labor guarantees |
Mounting and Grounding will only be charged when performed outside of the normal throughput cycle. This includes but is not limited to digging out empty containers by container number, for sale containers, off hire containers, containers moving to/from repair, unusual requests requiring restacking of full containers, etc. Each container that is required to be handled within stack to carry out request will be charged a mount and/or ground fee. Also, this would apply if there is an overall change by Horizon Lines in the mode of operation. This rate will include drayage of container within the terminal. In regards to For Sale and Off Hire containers, if a trucker requests a specific container number, then Contractor will charge a mounting/grounding charge per move shifted/handled, excluding the move for the container delivered. | ||
In addition, in the event that the Carrier changes its mode of operation or makes a special request to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 13 and 12 below). | ||
Mounting/Grounding charges do not apply to the switch out of insulated containers occurring two times per year however drayage charges do apply. | ||
9. | Miscellaneous Parts for Roadability — Carrier to handle directly with M and R vendor. This is not applicable to Maersk owned chassis. |
10.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * percent |
11.
|
Maintenance – Carrier to handle directly with M and R vendor. |
12.
|
Equipment Rental Rates (when ordered by Carrier; excludes operator) | |||
- Top Loader | $ * per hour | |||
- Yard Hustler | $ * per hour | |||
- Empty Handler | $ * per hour | |||
- Transtainer | $ * per hour | |||
- Bombcart | $ * per hour | |||
- Container Crane | $ * per hour |
13. | Extra Labor Rates per man hour subject to minimum guarantees | |||||||
Weekday, 1st Shift | $ * | Weekend, 1st Shift | $ * | |||||
Weekday, 2nd Shift | $ * | Weekend, 2nd Shift | $ * | |||||
Weekday, 3rd Shift | $ * | Weekend, 3rd Shift | $ * | |||||
14. | Line Handling – Carrier to make payment directly to vendor. |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
28
15. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container for receipt/delivery (Excludes demurrage). |
16.
|
Terminal storage charges | |||
— Storage of empty containers
|
$ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day.
(Free days = Lifts x * x Days in Period)
In any event when terminal notifies carrier of excess empties on terminal, carrier will
provide
an evacuation plan to reduce empties to an acceptable level within the following 14 days.
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties agree
when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the
storage cap, Carrier will be required to present the respective terminal with an empty evacuation
plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily
storage cap is equal to * empty containers.
Empties at off dock will not be included in storage days. Empties at off dock will be charged the
lease rate plus the storm sewer rate plus the lease hold tax for the portion of property utilized.
Utilization is determined by dividing the number of containers actually stored on facility by *.
(i.e. If there were * containers on facility that would equal billing of *. Subject to
continued port agreement).
17. | Demurrage – Terminal Operator will xxxx, collect, and retain demurrage from carrier per terminal tariff in effect on October 15, 2006. Below is table of rates from terminal tariff. |
Charge per Day for the | Charge per Day for Each | |||||||
1st Five Days or | Additional Day Over | |||||||
Fraction Thereof | Five Days or Fraction Thereof | |||||||
Inbound |
||||||||
Up to 20 ft |
$ | * | $ | * | ||||
Over 20 ft to 40 ft |
$ | * | $ | * | ||||
Over 40 ft |
$ | * | $ | * | ||||
Outbound |
||||||||
20 ft |
$ | * | $ | * | ||||
Over 20 ft to 40 ft |
$ | * | $ | * | ||||
Over 40 ft |
$ | * | $ | * |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
29
Free time for import and export cargo is * business days for dry containers and * business
days for temperature controlled containers.
The only free time exceptions are that the Contractor shall grant Carrier * business days free
time for autoracks, pallet loads, and dunnage provided that Carrier provides a list of these
containers to Contractor 48 hours prior to vessel’s arrival.
18.
|
Customs Vacis/Security/USDA Exams/Other government exams | Per Terminal Tariff | ||
Other drays within terminal premises not associated with throughput cycle. | $ * one way | |||
Xxxx charge to empty annex lot for seasonal equipment change | $ * per container | |||
19.
|
Bundling of Chassis/Flat Racks, Weekday, 1st Shift | $ * per chassis/flat bundled plus materials |
20. | Out of service equipment (containers and chassis) remaining on terminal in excess of * calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container per day. |
If container is able to be stacked in a normal manner and fits in one container slot then storage
(Item 16) only applies.
21. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 13 and 12 above). |
22.
|
Fuel Surcharge as of January 2010 | $ * per lift |
Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel
with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year if
fuel prices fall below the February 2005 level and eliminated if prices fall below the February
2004 level.
23.
|
Chassis Switching charge | Weekday, 1st Shift | $ * per move | |||
Weekday, 2nd Shift | $ * per move | |||||
Weekday, 3rd Shift | $ * per move | |||||
Weekend, 1st/2nd Shift | $ * per move | |||||
Weekend, 3rd Shift | $ * per move |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
30
To/From truckers equipment From/To chassis
Switching of reefer containers from underslung genset chassis
Switching of reefer containers from underslung genset chassis
** | Subject to minimum labor guarantees |
24. | Reefer Fuel will be charged based on the following formula: | |
The total number of running reefers loaded and discharged from vessels and barges for the month times * times * gallons per reefer times the average cost of a gallon of reefer fuel for the month at fuel vendor’s charge to Contractor plus *. |
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance
notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on the
average weekly cost as published by government at the following web site (or similar web site if
this site no longer exists)
xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx
25.
|
Security Guard man hour rates when requested by Horizon | $ * per man hour |
26. | A copy of the Interim Local Agreement for CY Empty Storage is attached hereto and made a part of the Second Revised Appendix II relating to Tacoma. |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
31
Interim Local Agreement for CY Empty Storage
Background
In the current economic environment, APM Terminal s strives to find efficiencies and cost savings
opportunities for our customers. Recently, the Port of Tacoma has notified APM Terminals that they
will be ending the month to month leasing opportunity of the 10 Acre Dirt Annex. APM Terminals
would like to offer CY storage in place of the dirt lot annex to Horizon Lines. This opportunity
will allow Horizon Lines to save on ancillary charges associated with the movement of equipment to
and from the Dirt Lot Annex. Collectively, we can use the current conditions to provide better
service and a lower cost base with the intent that both companies benefit.
Both parties understand that this is an interim agreement that could be cancelled at any time by
APM Terminals due to changes in customer base, available CY acreage, or other requirements. If the
Interim agreement is cancelled, charges and fees would revert to the Terminal Service Agreement.
There is a chance that APMT would not be able to regain access to the “dirt lot”, or there could be
a long notice period to regain such access. This could cause Horizon Lines to relocate excess
empties to an off dock facility if/when APMT were to cancel this Interim Local Agreement. APT
Terminals would give Horizon Lines a minimum of 45 days notice before cancelling the agreement.
This interim agreement will go into effect March 1, 2009.
Scope
1. | APMT will no longer move Horizon Lines equipment to the dirt lot, but rather, the equipment would be stored in the APM Terminals CY. | ||
2. | The daily CY storage empty cap will be * empties. A flat rate will be charged for the storage of empties at $ * per month when at or below * empties. | ||
3. | APM Terminals will notify Horizon Lines when the storage of empty containers exceeds the cap of * empties. Horizon Lines will be required to present APM Terminals with an empty evacuation plan to reduce to number of empties below the cap within a fourteen (14) day period from the time of notification. The movement of empties (inside the terminal) associated with reducing the CY storage count will be charged as the mounting and grounding rate under section 8 of the Terminal Services Agreement. Other related charges would be for Horizon Lines account. |
Horizon Lines
|
APM Terminals Pacific Ltd. | |||||
/s/ Xxxxx Xxxxxxx
|
/s/ Xxxxxxxx X. Xxxxxxx | |||||
Signature
|
Signature | |||||
Xxxxx Xxxxxxx
|
Xxxxxxxx X. Xxxxxxx | |||||
Name
|
Name | |||||
9/23/09
|
9/23/09 | |||||
Date
|
Date |
Horizon Lines Initials TC | ||
Second Revised Appendix II | APMT Initials MO |
32

Horizon Lines
Terminal Services Rates at
APM Terminals — Tacoma, WA
Terminal Services Rates at
APM Terminals — Tacoma, WA
Baseline Rates Schedule effective January 1, 2011 Rates to be adjusted Labor/CPI increases
as per Contract Appendix V and VI
as per Contract Appendix V and VI
The rates in this Appendix effective on January 1, 2011 shall be the numbers listed below, provided
however that such numbers are only baseline numbers and each shall be increased by the amount of
the increases as described in Sections 6(b), 12(a), 12(b) and 12(c) of the Terminal Agreement dated
as of May 9, 2004 (the “Original Agreement”) during the time period prior to January 1, 2011 and
Sections 12(a), 12(b) and 12(c) as revised in Amendment 2 dated November 30, 2006.
For example, if the rate item no. 1A for Tacoma in the Original Agreement CPI/Labor increases on
July 1, 2010 by *, then the $ * baseline rate listed below shall be increased to $ *. The
subsequent increases in the Original Agreement would also be applied to this rate through December
31, 2010. All rates in the below schedule would be adjusted in a similar manner based on their
percentage increase in the Original Agreement.
1.
|
A. Discharge or Load — Base Rate — per marine lift | $ * | ||||
B. Transshipment per move | $ * | |||||
C. Shifting Cell to Cell within the same hatch | $ * | |||||
D. Restowing container Cell to Dock to Cell | $ * | |||||
E. Overheight unit lifted with overheight spreader (no wires) | $ * | per lift |
Rate includes first and second shifts seven days a week (excluding holidays) stevedoring
staff/gangs, normal container lashing/unlashing on vessel (excluding detentions), crane rental,
tractors during vessel operations, assisting in receiving and delivery, wharfage, dockage, clerking
and checking during vessel operations, weighing of export containers, cargo plan preparation,
roadability check (labor only), visual seal inspection at gate and load/empty cycle to/from vessel
including tir preparation.
Current standard operational procedure is for imports/exports to be wheeled. Also, APMT agrees to
have * Horizon Lines Owned empties wheeled on a daily basis, which includes * empties in
good order, * wheeled empties for M & R and, if available, * Maersk empties provided
containers required by Horizon customers and no additional mounting team is required, with a
maximum daily allowance of * empties on terminal. A communication plan from Horizon Lines will
be agreed to by APMT and direct the daily execution of such agreement. At which time increase in
volume at the facility restricts space for a wheeled operation, imports/exports will be grounded
and/or wheeled empties will be restricted. At least 90 days prior to any change of handling
wheeled containers APMT will discuss options with Horizon Lines and mutually agree on a workable
solution and associated costs.
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
33
Receiving and delivery gates will be in operation from 0800 to 1200 and from 1300 to 1700* on
straight time workdays. If the terminal operator chooses to open during the lunch period or to
open from 0700 to 0800 hours weekdays, there will be no extra charge to the carrier.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves, will be invoiced to the carrier as per
Item 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
* | Specifically, |
Drivers receiving/delivering empties must be processed by * hours.
Drivers receiving /delivering live reefers must be processed by * hours.
Drivers receiving import loads must be processed by * hours.
Drivers delivering wheeled export loads (except live reefers) must be processed by *.
Drivers receiving /delivering live reefers must be processed by * hours.
Drivers receiving import loads must be processed by * hours.
Drivers delivering wheeled export loads (except live reefers) must be processed by *.
Second shift gates Wednesday and Fridays:
Drivers receiving/delivering empties must be processed by * hours.
Lifting Bundles of Flat Racks/Chassis -
M. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates |
N. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates | ||
ii. | Contract charge for bundling / unbundling |
O. | If the contractor locks (or unlocks) and secures empty flatracks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flats are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2.
|
A. | Reefer Differential assessed to each loaded reefer for plug/unplug services, quality check at time of discharge /loading, record keeping, administrative services. This rate does not include pre-tripping, labor to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount and fuel. Rate to be charged also for reefers received/delivered with no vessel activity. | $ * per loaded reefer |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
34
B. | Daily Reefer monitoring and electric charges per calendar day or | $ * Daily charge | ||||
portion thereof (minimum one day charge) | ||||||
First Calendar Day to receive a * discount from stated rate. |
3. | Maintenance and Repair (M and R) Man Hour Rates |
1st Shift Straight Time | $ * | 1st Shift Overtime | $ * | |||||
2nd Shift Straight Time | $ * | 2nd Shift Overtime | $ * | |||||
3rd Shift Straight Time | $ * | 3rd Shift Overtime | $ * | |||||
Installing or Removing Gensets | - 30 minutes at the applicable M and R man hour rate plus $ * | |||||||
Fueling Gensets | - 12 minutes at the applicable M and R man hour rate | |||||||
Stringing of Gensets | - 15 minutes at the applicable M and R man hour rate |
4. | A. Standby/Guarantee per Gang per hour |
Weekday, 1st Shift Straight Time | $ * |
In addition, overtime differentials (Item 5) will apply based on period.
B. | Extra Labor/Heavy Lifts per Gang per hour |
Weekday, 1st Shift Straight Time | $ * |
In addition, overtime differentials (Item 5) will apply based on period.
C. | Detentions per Gang per Hour (See Appendix 1 “Detentions” for list of billable and non-billable detentions) |
Weekday, 1st Shift Straight Time | $ * |
In addition, overtime differentials (Item 5) will apply based on period.
5. | Overtime Differentials per gang per hour |
Weekday, 2nd Shift | $ * | Weekend, 3rd Shift | $ * | |||||
Weekday, 3rd Shift | $ * | Holiday, 1st/2nd Shift Weekday | $ * | |||||
Weekend, 1st Shift | $ * | Holiday, 3rd Shift Weekday | $ * | |||||
Weekend, 2nd Shift | $ * |
6. | Overtime Gate Charges — Extra labor plus equipment per Items 13 and 12 below prorated between carriers based on percentage of moves utilizing gate outside standard terminal gate hours. Current standard gate hours are 0800 to 1700 Monday through Friday on straight time workdays. If the terminal operator chooses to open during the lunch period or operate flex gates there will be no extra charge to the carrier. Overtime gate charges also apply to ILWU holidays. Holiday gates which are included in the base lift rate are stated on attached schedule. |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
35
A flat rate will apply for second shift gate on Tuesday or Thursday of $ * per shift, and a flat rate on Wednesday or Friday of $ * per shift. If Horizon Lines wishes to remain open from 1700 -1800 any night this cost will be absorbed by Horizon Lines. | ||
A flat rate of $ * will be charged for 1st /2nd shift gate on Saturdays. This was increased in August 2008. |
7.
|
Extra Gate Moves (exceeding the * gate moves included per | $ * per move | ||
vessel lift). Billing to be done on a calendar month basis. |
8.
|
Mounting/Grounding | Weekday, 1st Shift | $ * per move | |||
Weekday, 2nd Shift | $ * per move | |||||
Weekday, 3rd Shift | $ * per move | |||||
Weekend, 1st/2nd Shift | $ * per move | |||||
Weekend, 3rd Shift | $ * per move | |||||
** | Subject to minimum labor guarantees |
Mounting and Grounding will only be charged when performed outside of the normal throughput cycle. This includes but is not limited to digging out empty containers by container number, for sale containers, off hire containers, containers moving to/from repair, unusual requests requiring restacking of full containers, etc. Each container that is required to be handled within stack to carry out request will be charged a mount and/or ground fee. Also, this would apply if there is an overall change by Horizon Lines in the mode of operation. This rate will include drayage of container within the terminal. In regards to For Sale and Off Hire containers, if a trucker requests a specific container number, then Contractor will charge a mounting/grounding charge per move shifted/handled, excluding the move for the container delivered. | ||
In addition, in the event that the Carrier changes its mode of operation or makes a special request to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 13 and 12 below). | ||
Mounting/Grounding charges do not apply to the switch out of insulated containers occurring two times per year however drayage charges do apply. | ||
9. | Miscellaneous Parts for Roadability — Carrier to handle directly with M and R vendor. This is not applicable to Maersk owned chassis. |
10.
|
Lashing/Unlashing of breakbulk cargo on board vessel | Extra labor man hour rates plus materials at cost plus * percent |
11. | Maintenance — Carrier to handle directly with M and R vendor. |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
36
12. | Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader
|
$ * per hour | |
- Yard Hustler
|
$ * per hour | |
- Empty Handler
|
$ * per hour | |
- Transtainer
|
$ * per hour | |
- Bombcart
|
$ * per hour | |
- Container Crane
|
$ * per hour |
13. | Extra Labor Rates per man hour subject to minimum guarantees |
Weekday, 1st Shift
|
$ * | Weekend, 1st Shift | $ * | |||
Weekday, 2nd Shift
|
$ * | Weekend, 2nd Shift | $ * | |||
Weekday, 3rd Shift
|
$ * | Weekend, 3rd Shift | $ * |
14. | Line Handling — Carrier to make payment directly to vendor. |
15. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container for receipt/delivery (Excludes demurrage). |
16. | Terminal storage charges |
— Storage of empty containers
|
$ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day.
(Free days = Lifts x * x Days in Period)
In any event when terminal notifies carrier of excess empties on terminal, carrier will
provide
an evacuation plan to reduce empties to an acceptable level within the following 14 days.
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties agree
when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds the
storage cap, Carrier will be required to present the respective terminal with an empty evacuation
plan to reduce the number of empties below the cap within a fourteen (14) day period. Daily
storage cap is equal to * empty containers.
Empties at off dock will not be included in storage days. Empties at off dock will be charged the
lease rate plus the storm sewer rate plus the lease hold tax for the portion of property utilized.
Utilization is determined by dividing the number of containers actually stored on facility by *.
(i.e. If there were * containers on facility that would equal billing of *. Subject to
continued port agreement).
17. Demurrage — | Terminal Operator will xxxx, collect, and retain demurrage from carrier per terminal tariff in effect on October 15, 2006. Below is table of rates from terminal tariff. |
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
37
Charge per Day for the | ||||||
1st Five Days or | Charge per Day for Each Additional Day Over | |||||
Fraction Thereof | Five Days or Fraction Thereof | |||||
Inbound | ||||||
Up to 20 ft | $ | * | $ | * | ||
Over 20 ft to 40 ft | $ | * | $ | * | ||
Over 40 ft | $ | * | $ | * | ||
Outbound | ||||||
20 ft | $ | * | $ | * | ||
Over 20 ft to 40 ft | $ | * | $ | * | ||
Over 40 ft | $ | * | $ | * |
Free time for import and export cargo is * business days for dry containers and * business
days for temperature controlled containers.
The only free time exceptions are that the Contractor shall grant Carrier * business days free
time for autoracks, pallet loads, and dunnage provided that Carrier provides a list of these
containers to Contractor 48 hours prior to vessel’s arrival.
18.
|
Customs Vacis/Security/USDA Exams/Other government exams | Per Terminal Tariff | ||
Other drays within terminal premises not associated with throughput cycle. | $ * one way | |||
Xxxx charge to empty annex lot for seasonal equipment change | $ * per container | |||
19.
|
Bundling of Chassis/Flat Racks, Weekday, 1st Shift | $ * per chassis/flat bundled plus materials |
20. | Out of service equipment (containers and chassis) remaining on terminal in excess of 30 calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a storage charge $ * per container per day. |
If container is able to be stacked in a normal manner and fits in one container slot then storage
(Item 16) only applies.
Horizon Lines Initials __TC_____ | ||
Second Revised Appendix II | APMT Initials __MO_____ |
38
21. Any services not covered by above rates will be charged per terminal tariff. If not listed
in terminal tariff or in above rates then services to be charged on Extra labor basis plus
equipment (Items 13 and 12 above). |
||||
22. Fuel Surcharge as of January 2010 |
$ * per lift | |||
Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel
with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year if
fuel prices fall below the February 2005 level and eliminated if prices fall below the February
2004 level. |
23. Chassis Switching charge
|
Weekday, 1st Shift | $ * per move | ||
Weekday, 2nd Shift | $ * per move | |||
Weekday, 3rd Shift | $ * per move | |||
Weekend, 1st/2nd Shift | $ * per move | |||
Weekend, 3rd Shift | $ * per move |
To/From truckers equipment From/To chassis |
||||
Switching of reefer containers from underslung genset chassis |
** | Subject to minimum labor guarantees |
24. Reefer Fuel will be charged based on the following formula: |
||||
The total number of running reefers loaded and discharged from vessels and barges for the month
times * times * gallons per reefer times the average cost of a gallon of reefer
fuel for the month at fuel vendor’s charge to Contractor plus *. |
||||
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance
notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on the
average weekly cost as published by government at the following web site (or similar web site if
this site no longer exists) xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx |
||||
25. Security Guard man hour rates when requested by Horizon hour |
$ * per man | |||
26. A copy of the Interim Local Agreement for CY Empty Storage is attached hereto and made a part
of the Second Revised Appendix II relating to Tacoma |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
39
Interim Local Agreement for CY Empty Storage
Background
In the current economic environment, APM Terminal s strives to find efficiencies and cost savings
opportunities for our customers. Recently, the Port of Tacoma has notified APM Terminals that they
will be ending the month to month leasing opportunity of the 10 Acre Dirt Annex. APM Terminals
would like to offer CY storage in place of the dirt lot annex to Horizon Lines. This opportunity
will allow Horizon Lines to save on ancillary charges associated with the movement of equipment to
and from the Dirt Lot Annex. Collectively, we can use the current conditions to provide better
service and a lower cost base with the intent that both companies benefit.
Both parties understand that this is an interim agreement that could be cancelled at any time by
APM Terminals due to changes in customer base, available CY acreage, or other requirements. If the
Interim agreement is cancelled, charges and fees would revert to the Terminal Service Agreement.
There is a chance that APMT would not be able to regain access to the “dirt lot”, or there could be
a long notice period to regain such access. This could cause Horizon Lines to relocate excess
empties to an off dock facility if/when APMT were to cancel this Interim Local Agreement. APT
Terminals would give Horizon Lines a minimum of 45 days notice before cancelling the agreement.
This interim agreement will go into effect March 1, 2009.
Scope
1. | APMT will no longer move Horizon Lines equipment to the dirt lot, but rather, the equipment would be stored in the APM Terminals CY. |
2. | The daily CY storage empty cap will be * empties. A flat rate will be charged for the storage of empties at $ * per month when at or below * empties. |
3. | APM Terminals will notify Horizon Lines when the storage of empty containers exceeds the cap of * empties. Horizon Lines will be required to present APM Terminals with an empty evacuation plan to reduce to number of empties below the cap within a fourteen (14) day period from the time of notification. The movement of empties (inside the terminal) associated with reducing the CY storage count will be charged as the mounting and grounding rate under section 8 of the Terminal Services Agreement. Other related charges would be for Horizon Lines account. |
Horizon Lines
|
APM Terminals Pacific Ltd. | |||
/s/ Xxxxx Xxxxxxx
|
/s/ Xxxxxxxx X. Xxxxxxx
|
|||
Xxxxx Xxxxxxx
|
Xxxxxxxx X. Xxxxxxx
|
|||
9/23/09
|
9/23/09
|
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
40

Horizon Lines
Terminal Services Rates at
APM Terminals — Houston, TX
Terminal Services Rates at
APM Terminals — Houston, TX
Rates Effective January 1, 2010 to September 30, 2010
1. A. Discharge or Load — Base Rate — per marine lift |
$ * | |
B. Transshipment per move |
$ * | |
C. Shifting Cell to Cell within the same hatch |
$ * | |
D. Restowing container Cell to Dock to Cell |
$ * | |
E. Overheight unit lifted with overheight spreader (no wires) |
$ * per lift |
Rate includes straight-time stevedoring staff/gangs, normal container lashing/unlashing on vessel
(excluding detentions), crane rental, tractors during vessel operations, assisting in receiving
and delivery, dockage, clerking and checking during vessel operations, weighing of export
containers, wharfage, cargo plan preparation, roadability check (labor only), visual seal
inspection, and load/empty cycle to/from vessel including tir preparation. Standard operational
procedure is a grounded operation with the exception of reefers, special hazardous and loaded
tank containers.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month
total gate moves that exceed the allowed number of gate moves will be invoiced to the carrier as
per Item number 6 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading
to a vessel or barge. Each container will be invoiced two transshipment moves.
Lifting Bundles of Flat Racks/Chassis —
A. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates plus mounting or grounding charge |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
41
B. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates | ||
ii. | Contract charge for bundling / unbundling | ||
iii. | Mounting or grounding charge for each chassis or flat |
C. | If the contractor locks (or unlocks) and secures empty flat racks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat loaded/discharged provided that the contractor follows the stow
plan provided by the carrier with relation to the stowage of flatracks.
(i.e. If 4 flat racks are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2. A. Reefer Differential assessed to each loaded reefer for plug/unplug services,
quality check at time of discharge /loading, record keeping, administrative services. This rate does not include
pre-tripping, labor to fuel genset, cleaning, reefer wash, M&R, genset
mount/dismount and fuel. Rate to be charged also for reefers
received/delivered with no vessel activity. |
||
$ * per loaded reefer | ||
B. Daily Reefer monitoring and electric charges per calendar day or |
$ * Daily charge | |
portion thereof (minimum one day charge) |
||
First Calendar Day to receive a * discount from stated rate |
3. See Item 9 for Maintenance and Repair (M and R) Man Hour Rates. | ||
Installing or Removing Gensets |
— 30 minutes at the applicable M and R man hour rate plus $ * | |
Fueling Gensets |
— 12 minutes at the applicable M and R man hour rate | |
Reefer Data Download |
— $ * per reefer | |
Stringing Gensets |
— 15 minutes at the applicable M and R man hour rate |
4. A. Standby / Guarantee per Gang per hour Straight Time
One Gang Barge | $ * | |||
One Gang Vessel | $ * | |||
Two Gang Vessel | $ * | |||
Three Gang Vessel ** | $ * |
B. Extra Labor/Heavy Lifts per Gang per hour Straight Time
One Gang Barge | $ * | |||
One Gang Vessel | $ * | |||
Two Gang Vessel | $ * | |||
Three Gang Vessel ** | $ * |
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42
C. Detentions per Gang per Hour Straight Time
(See Appendix 1 “Detentions” for list of billable and non-billable detentions)
One Gang Barge | $ * | |||
One Gang Vessel | $ * | |||
Two Gang Vessel | $ * | |||
Three Gang Vessel ** | $ * |
** | for 4A, 4B, and 4C the three gang rate will be effective from the first vessel after Amendment No. 3 signed. In addition if gangs are hire for less than 8 hours Horizon Lines will cover labor with 8 hour guarantees. |
5. Overtime Differentials per gang per hour |
||||
A. Overtime |
One Gang Barge | $ * | ||
One Gang Vessel | $ * | |||
Two Gangs Vessel | $ * | |||
Three Gang Vessel ** | $ * | |||
B. Double Time |
One Gang Barge | $ * | ||
One Gang Vessel | $ * | |||
Two Gangs Vessel | $ * | |||
Three Gang Vessel ** | $ * |
** | for 5A and 5B the three gang rate will be effective from the first vessel after Amendment No. 3 signed. In addition if gangs are hire for less than 8 hours Horizon Lines will cover labor with 8 hour guarantees |
6. Extra
Gate Moves (exceeding the * gate moves included per
vessel lift). Billing to be done on a calendar month basis. |
$ * per move | |||
7. Mounting/Grounding — activity not included in base rate |
Straight Time $ | * | ||
Overtime $ | * |
** | Subject to minimum labor guarantees |
Mounting and Grounding will only be charged when performed outside of the normal throughput
cycle. This includes but is not limited to digging out empty containers by container number, for
sale containers, off hire containers, containers moving to/from repair, unusual requests
requiring restacking of full containers, etc. Each container that is required to be handled
within stack to carry out request will be charged a mount and/or ground fee. Also, this would
apply if there is an overall change by Horizon Lines in the mode of operation. This rate will
include drayage of container within the terminal. In regards to For Sale and Off Hire
containers, if a trucker requests a specific container number, then Contractor will charge a
mounting /grounding charge per move shifted/handled, excluding the move for the container
delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special
request to the Contractor not covered by this Agreement, in either case, Contractor reserves the
right to order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates
(Items 13 and 11 below).
Horizon Lines Initials _TC___
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43
8. Miscellaneous Parts for Roadability — cost plus *. This is not applicable to Maersk owned chassis. | ||||||
9. Maintenance — Day Shift |
ST $ * | OT $ * | DT $ * |
10. Drayage |
||
To or From on Terminal Rail |
$ * one way | |
USDA Xxxx |
$ * one way | |
US Customs or others xxxx within terminal |
$ * one way | |
Customs Vacis/Security exams |
Per Terminal Xxxxxx |
00. Equipment Rental Rates (when ordered by Carrier; excludes operator) |
||
- Top Loader |
$ * per hour | |
- Yard Hustler |
$ * per hour | |
- Empty Handler |
$ * per hour | |
- Transtainer |
$ * per hour | |
- Bombcart |
$ * per hour | |
- Container Crane |
$ * per hour |
12. | Overtime Gate Charges — Extra labor plus equipment per Items 13 and 11 prorated between carriers based on percentage of moves utilizing gate outside standard terminal gate hours. Current standard gate hours are 0700 to 1800 Monday through Friday. Holiday gates which are included in the base lift rate are stated on attached schedule. | |
UMS reserves the right to adjust standard gate hours but not without the mutual consent of Horizon Lines, who can not unreasonably object to such a change without conclusive evidence that UMS agrees support a negative financial impact to Horizon Lines. If the terminal operator chooses to open during the lunch period or operate flex gates, there will be no extra charge to the carrier. Overtime gate charges also apply to XXX holidays. |
13. Extra Labor Rates |
Straight Time $ * | Overtime $ * | Double Time $ * |
14. | Line Handling — Carrier to arrange directly with vendor. |
15. | Full containers received over the road and redelivered without loading or discharging to or from vessel are not included in the * gate moves or allowed mounting/grounding and will be billed $ * per container. (Excludes demurrage) |
16. | Terminal storage charges |
— Storage of empty containers | $ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each month
times * times the number of days in the month. Excess empty container days over such
allowed free days will be charged monthly at the following rate per container per day.
(Free Days = Lifts x * x Days in Period)
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44
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties
agree when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds
the storage cap, Carrier will be required to present the respective terminal with an empty
evacuation plan to reduce the number of empties blow the cap within a fourteen (14) day period.
Daily storage cap is equal to * empty containers.
17. | Demurrage — Terminal Operator will xxxx, collect, and retain demurrage from carrier per terminal tariff in effect on October 15, 2006. Below is table of rates from terminal tariff. |
Free time for export cargo is * calendar days.
Free time for import cargo is * business days for dry containers and * business days for temperature controlled containers.
Free time for import cargo is * business days for dry containers and * business days for temperature controlled containers.
Demurrage Rates (per 20’/40’ container per calendar day or part thereof)
Inbound/Outbound/Transshipments
I) One to Ten (1 — 10) Days (first period) |
||
Dry General Purpose containers/Non-operating |
$ * | |
Reefers |
||
Operating Reefers |
$ * | |
Flat Racks, Open Tops, and Special Equipment |
$ * | |
Tank Containers |
$ * | |
II) Eleventh Day and Above (second period) |
||
Dry General Purpose containers/Non-operating |
$ * | |
Reefers |
||
Operating Reefers |
$ * | |
Flat Racks, Open Tops, and Special Equipment |
$ * | |
Tank Containers |
$ * |
The only free time exception is that the Contractor shall grant Carrier * business days free
time for autoracks, pallet loads, and dunnage provided that Carrier provides a list of these
containers to Contractor 48 hours prior to vessel’s arrival. In addition rail export containers
will be allowed 14 calendar days freetime provided Horizon notifies APMT of the rail containers
prior to arrival at terminal. If requested Horizon will provide APMT with documentation showing
containers were railed.
18. Lashing/Unlashing of breakbulk cargo on board vessel |
Extra labor man hour rates plus | |
materials at cost plus * percent |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
45
19. Bundling of Chassis/Flat Racks |
$ * per chassis/flat plus materials |
20. | Out of service equipment (containers and chassis) remaining on terminal in excess of *
calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a
storage charge $ * per container per day. If container is able to be stacked in a normal manner and fits in one container slot then storage (Item 16) only applies. |
21. | Any services not covered by above rates will be charged per terminal tariff. If not listed in terminal tariff or in above rates then services to be charged on Extra labor basis plus equipment (Items 13 and 11 above). |
22. Fuel Surcharge (as of January 2010) |
$ * per lift | |
Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel
with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year
if fuel prices fall below the February 2005 level and eliminated if prices fall below the
February 2004 level. |
23. Chassis Switching charge
|
Straight Time Overtime |
$ * $ * |
To/From truckers equipment From/To chassis
Switching of reefer containers from underslung genset chassis
Chassis switch/flips for hazardous containers on wheels is not billable
Switching of reefer containers from underslung genset chassis
Chassis switch/flips for hazardous containers on wheels is not billable
** | Subject to minimum labor guarantees |
24. | Reefer Fuel will be charged based on the following formula: |
The total number of running reefers loaded and discharged from vessels and barges for the month
times * times * gallons per reefer times the average cost of a gallon of reefer fuel for
the month at fuel vendor’s charge to Contractor plus *.
In addition any reefers handled to/from on dock rail not associated with any vessel activity
will be invoiced based on actual fuel activity and not included in the formula.
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance
notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on
the average weekly cost as published by government at the following web site (or similar web
site if this site no longer exists) xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
46

Horizon Lines
Terminal Services Rates at
APM Terminals — Elizabeth, NJ
Terminal Services Rates at
APM Terminals — Elizabeth, NJ
Subject to Clause 9 of Amendment No. 3
Effective January 1, 2010 to September 30, 2010
Effective January 1, 2010 to September 30, 2010
1. A. Discharge or Load — Base Rate — per marine lift |
$ | * | ||
B. Transshipment per move |
$ | * | ||
C. Shifting Cell to Cell within the same hatch |
$ | * | ||
D. Restowing container Cell to Dock to Cell |
$ | * | ||
E. Overheight unit lifted with overheight spreader (no wires) |
$ | * | per lift |
Rate includes straight-time stevedoring staff/gangs, normal container lashing/unlashing on vessel
(excluding detentions), crane rental, tractors during vessel operations, assisting in receiving and
delivery, dockage, clerking and checking during vessel operations, weighing of export containers,
cargo plan preparation, roadability check (labor only), visual seal inspection, and load/empty
cycle to/from vessel including tir preparation. Rate also includes Terminal Throughput
Fee/Wharfage as stated in item no. 25 below. Standard operational procedure is a grounded operation
with the exception of reefer, loaded tank containers, and special hazardous.
Each vessel move (excluding shifts and heavy lifts) is allowed * gate moves. Each month total
gate moves that exceed the allowed number of gate moves, will be invoiced to the carrier as per
Item number 7 below. No credit will be given for unused gate moves.
The transshipment rate is based on a container discharging from a vessel or a barge and loading to
a vessel or barge. Each container will be invoiced two transshipment moves.
Lifting Bundles of Flat Racks/Chassis —
A. | If received at gate bundled then we will charge |
a. | If can use standard spreader bar, charge will be one base lift rate for load or discharge |
b. | If requires wires to load/discharge, then will be charged per Extra labor hourly lifting rates plus mounting or grounding charge |
B. | If requested to be bundled/unbundled by Horizon Lines |
a. | If can use standard spreader bar, charge will be the following: |
i. | One base lift rate for load or discharge | ||
ii. | Contract charge for bundling/unbundling | ||
iii. | Mounting or grounding charge for the 2nd to 5th chassis/flat |
b. | If requires wires than charges will be the following: |
i. | Per Extra labor hourly lifting rates | ||
ii. | Contract charge for bundling / unbundling | ||
iii. | Mounting or grounding charge for each chassis or flat |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
47
C. | If the contractor locks (or unlocks) and secures empty flat racks pierside and
lifts to/from vessel as one unit, the carrier will be charged the base lift rate for
each individual flat rack loaded/discharged provided that the contractor follows the
stow plan provided by the carrier with relation to the stowage of flatracks. (i.e. If 4 flat racks are locked together shoreside and lifted as one unit to the vessel, the lift charge to the carrier will be 4 x base lift rate) |
2. A. Reefer Differential assessed to each loaded reefer for plug/unplug
services, quality check at time of discharge /loading,
record keeping, and administrative services. This rate does not include pre-tripping,
labor to fuel genset, cleaning, reefer wash, M&R, genset mount/dismount, and fuel. Rate to be
charged also for reefers received/delivered with no vessel activity. |
$ * per loaded reefer | |||
B. Daily Reefer monitoring and electric charges per calendar day or
portion thereof (minimum one day charge) |
$ * Daily charge | |||
First Calendar Day to receive a * discount from stated rate. |
||||
3. Maintenance and Repair (M and R) Man Hour Rates |
Straight Time $ *
|
Overtime $ * | Double Time $ * |
Installing or Removing Gensets
|
- 30 minutes at the applicable M and R man hour rate plus $ * | |
Fueling Gensets
|
- 12 minutes at the applicable M and R man hour rate |
4. A. Standby / Guarantee per Gang per hour Straight Time |
||||||
One Gang | $ | * | ||||
Two Gangs | $ | * | ||||
Three Gangs | $ | * | ||||
B. Extra Labor / Heavy Lifts per Gang per hour Straight Time |
||||||
One Gang | $ | * | ||||
Two Gangs | $ | * | ||||
Three Gangs | $ | * | ||||
C. Detentions per Gang per Hour Straight Time |
||||||
(See Appendix 1 “Detentions” for list of billable and non-billable detentions) |
||||||
One Gang | $ | * | ||||
Two Gangs | $ | * | ||||
Three Gangs | $ | * | ||||
5. Overtime Differentials per gang per hour |
||||||
A. Overtime |
One Gang | $ | * | |||
Two Gangs | $ | * | ||||
Three Gangs | $ | * | ||||
B. Double Time |
One Gang | $ | * | |||
Two Gangs | $ | * | ||||
Three Gangs | $ | * |
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48
6. Overtime Gate Charges — Extra labor plus equipment per Items 14 and 12 below prorated
between carriers based on percentage of moves utilizing gate outside standard terminal gate
hours. Holiday gates which are included in the base lift rate are stated on attached
schedule. |
||||
Flat charge of $ * per hour to be charged for gate on Friday past 1700. Current standard
gate hours are 0600 to 1700 Monday through Friday. |
||||
UMS reserves the right to adjust standard gate hours but not without the mutual consent of
Horizon Lines, who can not unreasonably object to such a change without conclusive evidence that
UMS agrees support a negative financial impact to Horizon Lines. Horizon Lines agrees that UMS
can change the opening gate hour from 0600 to 0700 without their objection. If the terminal
operator chooses to open during the lunch period or operate flex gates, there will be no extra
charge to the carrier. Overtime gate charges also apply to XXX holidays. |
||||
Flat charge of $ * per hour to be charged for receiving gate on Friday from 1700. If the
terminal causes gate to go past 1700, then no charge will be made from 1700 to 1800. |
||||
7. Extra Gate Moves (exceeding the * gate moves included per
vessel lift). Billing to be done on a calendar month basis. |
$ * per move | |||
8. Mounting/Grounding — |
Straight Time $ * | |||
Overtime $ * |
** | Subject to minimum labor guarantees |
Mounting and Grounding will only be charged when performed outside of the normal throughput cycle.
This includes but is not limited to digging out empty containers by container number, for sale
containers, off hire containers, containers moving to/from repair, unusual requests requiring
restacking of full containers etc. Each container that is required to be handled within stack to
carry out request will be charged a mount and/or ground fee. Also, this would apply if there is an
overall change by Horizon Lines in the mode of operation. This rate will include drayage of
container within the terminal. In regards to For Sale and Off Hire containers, if a trucker
requests a specific container number, then Contractor will charge a mounting/grounding charge per
move shifted/handled, excluding the move for the container delivered.
In addition, in the event that the Carrier changes its mode of operation or makes a special request
to the Contractor not covered by this Agreement, in either case, Contractor reserves the right to
order a dedicated yard detail and charge Carrier at Extra labor plus equipment rates (Items 14 and
12 below).
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Second Revised Appendix II | APMT Initials _MO___ |
49
9. Miscellaneous Parts for Roadability — Carrier to handle directly with M and R vendor. This
is not applicable to Maersk owned chassis. |
||||
10. Maintenance — Carrier to handle directly with M and R vendor. |
||||
11. Rail Drayage to/from Express Port |
$ * one way | |||
Port shuttle within Port Xxxxxxxxx/Port Newark |
$ * one way | |||
12. Equipment Rental Rates (when ordered by Carrier; excludes operator) |
- Top Loader
|
$ * per hour | |
- Yard Hustler
|
$ * per hour | |
- Empty Handler
|
$ * per hour | |
- Transtainer
|
$ * per hour | |
- Bombcart
|
$ * per hour | |
- Container Crane
|
$ * per hour |
13. Wharfage Non-Containerized Cargo |
According to Port Authority tariff (current fmc schedule | |
PA-10). See also Item number 25. |
14. Extra Labor Rates |
Straight Time $ * | Overtime $ * | Double Time $ * |
15. Stuffing and Stripping Rates |
APMT no longer handles CFS Stuffing/Stripping for containers and POVs. | |||||||
Flat Rack cargo per 20’ flat | $ | * | ||||||
Flat Rack cargo per 40’ flat | $ | * |
CFS rates include drayage to/from on dock warehouse. Rate includes normal chocking and bracing
but does not include securing materials for flats or special securing of autos. Subject to on
terminal Contractor’s warehouse being available. |
||||
16. Line Handling per activity (i.e. two charges per call) |
||||
Straight Time |
$ | * | ||
Overtime (except from 2300 to 0600) |
$ | * | ||
Overtime (2300 to 0600) |
$ | * | ||
17. Full containers received over the road and redelivered without loading or discharging to or
from vessel are not included in the * gate moves or allowed mounting/grounding and will be
billed $ * per container for receipt and redelivery of a container. (Excludes
demurrage) |
||||
18. Terminal storage charges |
— Storage of empty containers
|
$ * per unit per day |
Empty allowance will be determined by multiplying the Carrier’s container lift volume each
month times * times the number of days in the month. Excess empty container days over
such allowed free days will be charged monthly at the following rate per container per day. (Free Days = Lifts x * x Days in Period) |
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Second Revised Appendix II | APMT Initials _MO___ |
50
Notwithstanding the means of calculating Carrier’s empty allowance stated above, the parties
agree when the Contractor notifies the Carrier that empty storage of equipment meets or exceeds
the storage cap, Carrier will be required to present the respective terminal with an empty
evacuation plan to reduce the number of empties below the cap within a fourteen (14) day period.
Daily storage cap is equal to * of the Carrier’s previous year’s annual throughput. |
19. Demurrage — |
Terminal Operator will xxxx, collect, and retain demurrage from carrier according to the terminal tariff. The only exception is that the Contractor shall grant Carrier * business days free time for autoracks, pallet loads, and dunnage provided that Carrier provides a list of these containers to Contractor 48 hours prior to vessel’s arrival. |
20. Lashing/Unlashing of break bulk cargo on board vessel |
Extra labor man hour rates plus | |
materials at cost plus * percent | ||
21. Customs Vacis/Security exams |
Per Terminal Tariff | |
Other drays within terminal premises not |
$ * one way | |
associated with throughput cycle. |
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22. Bundling of Chassis/Flat Racks |
$ * per chassis/flat plus materials |
** | Subject to minimum labor guarantees |
23. Out of service equipment (containers and chassis) remaining on terminal in excess of
calendar days w/o approval from carrier to proceed with necessary repairs will be assessed a
storage charge $ * per container per day. |
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If container is able to be stacked in a normal manner and fits in one container slot then
storage (Item 18) only applies. |
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24. Any services not covered by above rates will be charged per terminal tariff. If not listed
in terminal tariff or in above rates then services to be charged on Extra labor basis plus
equipment (Item 14 and 12 above). |
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25. Terminal Throughput Fee/Wharfage included in the base lift rate except for non containerized
cargo which will be charged wharfage per the Port Authority of New York and New Jersey Tariff |
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26. Fuel Surcharge (Eliminated as of 4/1/2009) |
$ * per lift | |||
Fuel Surcharge is based on the Bureau of Labor Statistics Producer Price Index No 2 Diesel Fuel
with February 2004 to February 2005 as the basis. This will be reviewed / adjusted once a year
if fuel prices fall below the February 2005 level and eliminated if prices fall below the
February 2004 level. |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
51
27. Chassis Switching charge |
Straight Time | $ | * | |||
Overtime | $ | * | ||||
To/From truckers equipment From/To chassis |
||||||
Switching of reefer containers from underslung genset chassis |
** | Subject to minimum labor guarantees |
28. Reefer Fuel will be charged based on the following formula: |
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The total number of running reefers loaded and discharged from vessels and barges for the month
times * times * gallons per reefer times the average cost of a gallon of reefer fuel for
the month at fuel vendor’s charge to Contractor plus *. |
||||
Once Horizon has a dedicated genset fleet and upon Horizon providing a minimum 30 days advance
notice in writing, fuel will be based on actual fuel placed in gensets. Cost will be based on
the average weekly cost as published by government at the following web site (or similar web
site if this site no longer exists)
xxxx://xxxxx.xxx.xxx.xxx/xxx/xxxx/xxx/xxxxxxxxx.xxx |
Horizon Lines Initials _TC___
Second Revised Appendix II | APMT Initials _MO___ |
52