Basic Pacific Tugboat Service (PTS) marine service items, pricing and terms are listed. PTS has other services and assets available in San Diego and L.A./Long Beach including facilities and lay-down areas, material handling, crewing, equipment sales, etc. and will provide additional information upon request.
Scheduling or receiving services from Pacific Tugboat Service, issuing a P.O. or service request (verbally, electronically or otherwise) supersedes all other agreements and indicates understanding and agreement with PTS Rates and Terms.
Hourly rate items – minimum (4) hours per call-out. Time over 4 hours shall be charged in 15-minute increments, rounded up to the next quarter hour. Rates for all vessels and barges are portal to portal from crew-on time to crew-off time.
Straight time rates are up to eight consecutive hours, 0500-1700, M-F, except holidays. PTS overtime rates apply outside straight time hours and for call-out or emergent work with less than 12-hour notice.
*Fuel Adjustment Factor for Ship Assist work will be incurred in the event commercial fuel dock price at the time of service rises above 2.50/gal.
**Fuel Surcharge for Standard Service will be incurred in the event commercial fuel dock price at the time of service rises above 2.50/gal.
***Admin/coordination fee of 5% applied to all invoice totals.
**** A daily security fee applies to all vessels.
Notice of Pacific Tugboat Service Terms and Conditions
“Customer/Visitor” is any individual person or business entity (whom for any purpose including but not limited to; trade, commerce, business, inspections, labor, visitation, news, media, events or any other reason to be on the property) accesses facilities, vessels or equipment or other property owned or controlled by Pacific Maritime Freight, Inc. dba Pacific Tugboat Service, and its principles/shareholders (PTS herein). PTS does not control the Customer/Visitor.
Access: Customers/Visitors agree to this Notice of Pacific Tugboat Service Terms and Conditions as a pre-condition to admittance to PTS property. Minors and unauthorized personnel are not permitted. Only PTS crew and essential, authorized Customer/Visitor personnel are permitted onboard working tugs, barges or equipment.
Safety: Customer/Visitor agrees to observe all safety requirements including verbal and/or written policies and instructions. PTS considers the “Work Area” to be all vessels, barges, equipment and facilities and where work activities take place on PTS property; except parking lots and administrative spaces and USCG passenger vessels in passenger mode. Hard-hats and USCG and OSHA approved work vests are mandatory in all work areas. (PTS does not provide work safety gear). Smoking is prohibited except as posted. Customer/Visitor vehicles may not block access and are subject to tow without further notice at owner’s expense. PTS Captains and Management will have and exercise discretion to operate only under safe conditions and reserve the right to cancel or postpone operations due to hazardous conditions such as but not limited to: weather, sea-state, equipment failure, injury, illness, etc. Alcohol & drugs are forbidden. No horseplay.
Exclusions: Local, county, state or federal (NPDES, fireworks, discharge, anchoring, etc.) permits are not provided by PTS. Private vehicle parking is not available, unless specified in writing.
*Fuel Adjustment Factor for Ship Assist: A Fuel Adjustment shall apply when prices paid by PTS exceed $2.50 per gallon for Ultra-Low Sulfur No. 2 Diesel Fuel in the port(s) where the services are performed. For every increment of $0.05 over the Fuel Adjustment Index price of $2.50 per gallon, a flat $26 per hour per tug Fuel Adjustment fee shall be added to the invoice. For hourly work, the Fuel Adjustment factor beyond the first hour of service shall be calculated in 15 minute increments, rounded up to the next quarter hour. Please request Fuel Adjusment Factor estimate at time of scheduling.
**Fuel Surcharge for standard service: A Fuel Surcharge of $26 per hour per tug will be incurred in the event commercial fuel dock price at the time of service rises above 2.50/gal. For hourly work, the Fuel Surcharge beyond the first hour of service shall be calculated in 15 minute increments, rounded up to the next quarter hour. Please request fuel surcharge estimate at time of scheduling.
***Admin/Coordination Fee: 5% of total invoice for goods and/or services will be added to cover costs of administration and coordination (does not apply to pass-through only items).
Quoted Prices and Terms: All PTS provided equipment and services are subject to availability PTS rates and terms are subject to change. Pricing, services and equipment quoted will only be reserved upon receipt of signed agreement and applicable deposits.
Minimum Use: Hourly rate items – minimum (4) hours per call-out. Time over 4 hours shall be charged in 15 minute increments, rounded up to the next quarter hour. Rates for all vessels and barges are portal to portal from crew-on time to crew-off time.
Straight time rates are up to eight consecutive hours, 0500-1700, M-F, except holidays. PTS overtime rates apply outside straight time hours and for call-out or emergent work with less than 12 hours notice.
Cancellation Policy: 25% cancellation fee applies to reserved services or equipment (30+) days prior to commencement; 50% (7-30) days prior; 75% (2-7) days prior, 100% (within 24 hrs).
Liability: The Customer/Visitor agrees to defend, indemnify and hold Pacific Maritime Freight, Inc. dba Pacific Tugboat Service (and its principles/shareholders) harmless from any and all costs, claims, damages or liabilities in any way arising from or relating to Customer/Visitor activities on vessels/facilities/equipment provided by Pacific Tugboat Service, including without limitation all personal property damages (including claims made by employees of Customer/Visitor), except only for claims or damages caused by the sole negligence of PTS. PTS will not be held liable for damages or claims, whether based on contract or tort, arising in whole or in part from PTS’s performance or its obligations hereunder, in excess of the total amount paid to PTS. Customer/Visitor owners and operators of vehicles assume all liability for damage, personal injuries, tow, thefts or loss of vehicle or property while on Pacific Tugboat Service property. Customer/Visitor parking must be pre-authorized.
Insurance: The Customer/Visitor shall obtain/maintain: Commercial General Liability insurance policy containing a Broad Form Contractual Liability endorsement/provision to cover the contractual obligations, and shall name Pacific Maritime Freight, Inc. dba Pacific Tugboat Service (and its principles/shareholders) as additionally insured in such policy with a waiver of subrogation, and the limit of insurance for said policy shall be at least $5,000,000.00; and further agrees to obtain/maintain applicable insurance for their employees (such as USL&H & crew coverage).
Customer/Visitor permits (when applicable for projects ) and insurance certificates must be received by PTS prior to the project or event and admittance to Pacific Tugboat Service property.
Dispute Resolution: All controversies, claims, disputes or counterclaims, whether involving a disagreement about meaning, interpretation, application, performance, breach, termination, enforce-ability or validity and whether based on statute, tort, contract, common law or otherwise for which a federal or state court or an administrative agency would be authorized to grant relief (individually, a “Claim” or collectively, “Claims”) shall be resolved by binding arbitration in San Diego, Ca. If the parties are unable to settle the dispute the grieving party shall notify the other party in writing. This notification will initiate a thirty (30) day cooling-off period. After the cooling-off period, the grieving party may notify the other party in writing, of his desire to submit the matter to dispute resolution via binding arbitration. The parties shall attempt to mutually agree upon an arbitrator. If the parties are unable to agree upon an arbitrator within ten (10) calendar days of the demand for arbitration, they shall choose an arbitrator from a panel provided by the State (CA) mediation by alternately striking names on the list. Such panel shall have no fewer than seven (7) names. A coin toss will decide which party will have the first strike. The arbitrator shall not have the power to add to or modify any of the terms, conditions, sections or articles to the Agreement or PTS Terms and Conditions. The arbitrator’s decision shall not go beyond what is necessary for the interpretation and application of the Agreement or PTS Terms and Conditions in the case of the specific grievance at issue. The fees and expenses of the arbitrator shall be borne equally by the parties except where one of the parties to the agreement requests a postponement of a previously scheduled arbitration hearing which results in a postponement charge. The postponing party shall pay such charge unless such postponement results in a settlement of the grievance, in which case the postponement charge shall be borne equally by the parties. A joint postponement request shall be borne equally by the parties. The parties are responsible for their own attorney fees and attorney fees may not be awarded by the arbitrator. Nothing in this section precludes the parties from mutually agreeing upon other means of deciding matters upon which there has been disagreement.
Customers/Visitors agree to this Notice of Terms and Conditions, and as a pre-condition to admittance to PTS property and/or services.