independent hauler agreement · prepared for rmac v1.02 [2-12-2019] independent hauler agreement ....

INDEPENDENT HAULER AGREEMENT PREPARED FOR RMAC v1.02[2-12-2019]

INDEPENDENT HAULER AGREEMENT


INDEPENDENT HAULER AGREEMENT TABLE OF CONTENTS

INDEPENDENT HAULER AGREEMENT ................................................................ 3

HAULING AGREEMENT: TERMS & CONDITIONS ................................................. 4

1.) TERMS ............................................................................................................ 4

2.) WORK TO BE PERFORMED ............................................................................. 5

3.) COMPENSATION ............................................................................................ 6

4.) REPRESENTATIONS & WARRANTIES ............................................................ 7

5.) ADDITIONAL DUTIES ..................................................................................... 8

6.) INDEPENDENT CONTRACTORS ...................................................................... 9

7.) INDEMNIFICATION ....................................................................................... 9

8.) RMAC FMCSA-DOT & NON-DOT ALCOHOL & DRUG TESTING PROGRAM ....10

9.) INSURANCE REQUIREMENTS ......................................................................11

10.) NOTIFICATION OF DRIVER STATUS ..........................................................14

11.) DOCUMENTS ..............................................................................................14

12.) ASSIGNMENT .............................................................................................14

13.) ENTIRE AGREEMENT / MODIFICATION ....................................................14

14.) SECTION HEADINGS ..................................................................................14

15.) PRONOUNS, SINGULAR & PLURAL ............................................................15

16.) SEVERABILITY ...........................................................................................15

17.) LAW VENUE & JURISDICTION ...................................................................15

18.) NOTICES ....................................................................................................15

19.) NO WAIVERS .............................................................................................16

20.) REMEDIES NON-EXCLUSIVE ......................................................................16

21.) SURVIVAL ..................................................................................................16

22.) ATTORNEYS FEES .......................................................................................16

23.) COUNTERPARTS .........................................................................................16

24.) ENTIRE AGREEMENT ..................................................................................17

APPENDIX A – INDEPENDENT HAULER OPERATIONAL REQUIREMENTS .........18

APPENDIX B – 2012 GROSS VEHICLE LISTING ................................................20

APPENDIX C – INSURANCE CERTIFICATION ...................................................21

APPENDIX D – INDEPENDENT HAULER INSURANCE STATUS DECLARATION ..22

[FOR SOLE PROPRIETORS WITHOUT WORKERS COMPENSATION]

APPENDIX E – IRS W-9 REQUEST FORM ..........................................................23


Independent Hauler Required Information 2019 Complete this from, attach other required forms, and return to:

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC 67246 T Road Phone: 970 249-8780 Montrose, CO 81403 Fax: 970 252-1265

Company/Individual Name as it appears on your tax return:

I am an Owner Operator (only person to operate truck)

I am an Owner and/or Broker with employed drivers.

Do you dispatch trucks that you do not own? Yes No

If “YES” please complete Appendix D of this agreement.

Mailing Address: ____________________________________________________________________

City: ________________________________________ State: ______________ Zip: __________

Contact Person (1) Name: ____________________ Contact Person (2) Name: _________________

Phone Numbers for contact(s): Office: _____________________________ Office: ___________________________________

Mobile: _____________________________ Mobile: ___________________________________

Home: ______________________________ Home: ___________________________________

Fax #: ______________________________ Fax #: ___________________________________

E-Mail: ______________________________ E-Mail: ___________________________________

Phone # of Insurance Agent: (_______) ________________-_______________

All contracts are kept in the Montrose, CO Office. Send completed agreement with all other required documents to the Montrose, CO Office address referenced above;

Checklist: Note1: Certificate of Insurance listing ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, its officers & employees as “Additional Insured” for $1,000,000.00 listing all trucks & trailers that is being covered Show correct Company Name and New Corporate address as listed below YES [ ] NO [ ] N/A [ ]

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Attention: Logistics

67246 T Road

Montrose, CO 81403

Copy of Worker’s Compensation Certificate [if applicable] or Status Declaration YES [ ] NO [ ] N/A [ ]

Completed/signed/notarized all Appendices of Independent Hauler Agreement YES [ ] NO [ ] N/A [ ]

Copy of Certificate of Insurance meeting Section 9 of Hauling Agreement requirements. YES [ ] NO [ ] N/A [ ]

Copy of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Completed ITOR Agreement [Page 11 of this

agreement]. YES [ ] NO [ ] N/A [ ]

Copy of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Completed 2014 IRS W-9 Form YES [ ] NO [ ] N/A [ ]

Copy of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC CMV Safety Program Acknowledgment Form including recent copy [within 30 days] of MVR for each driver. YES [ ] NO [ ] N/A [ ]

Failure to provide referenced items may cause delay in payments and/or possible Termination of your services


HAULING AGREEMENT

This Hauling Agreement is entered into this _________ day of ________________, 20_______ by and between: ________________________________, having its address at __________________________ __________________________________________________________________, hereinafter called Independent Hauler or “IH”, and ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION,

LLC, hereinafter called “ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC”.

RECITALS WHEREAS, Independent Hauler, acting as an independent contractor, is in the

business of transporting equipment and/or bulk commodities by commercial motor vehicle and desires to transport sand & gravel aggregate products from time to time, as requested by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC;

WHEREAS, ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC is in the business of distributing sand & gravel aggregate materials on, to and from and within various projects, and from time to time requires the services of independent haulers to transport casing, sand & gravel aggregate materials from, to and within various projects;

TERMS AND CONDITIONS NOW, THEREFORE, in consideration of the mutual promises contained herein, the

parties agree as follows:

1. TERMS.

This Agreement shall be in effect for one (1) years from the date first above written, however, this Agreement will terminate upon the occurrence of any of the following: a. The mutual consent of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC

and Independent Hauler; b. The breach by Independent Hauler of the terms, conditions, representations,

warranties, or covenants contained within this Agreement; c. The violation of any county, city, municipal, federal or state laws, rules or regulations,

including, but not limited to, those of the Federal Motor Carrier Safety Administration. d. The death or disability of the Independent Hauler. e. If the representations and warranties made herein by Independent Hauler are false. f. Will be subject to change with 30 days’ notice to Independent Hauler. g. In the event this “Agreement” is terminated by ROCKY MOUNTAIN AGGREGATE &

CONSTRUCTION, LLC under any provisions of this section ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC shall pay IH for all of the Services performed prior to the effective date of the termination to the extent not already paid, subject to any set-off claims that ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC may have against the IH relating thereto, dependent upon receipt of payment from customers whom sand & gravel aggregate was hauled to.


2. WORK TO BE PERFORMED.

The Independent Hauler is responsible for the timely delivery of materials loaded onto their truck-trailer. Prior to the onset of any transportation project, ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC shall issue a Scale [Delivery] Ticket for product to be delivered.

The Independent Hauler is responsible for: a) Creating and reviewing the Scale Ticket for correct customer delivery address, and b) Ensuring that there is not spillage from the truck or trailer, and

c) Ensuring that the load is adequately covered [tarped] per CO Statute Requirements. d) Verify that the company name, truck number, and if applicable Driver Name is correct. e) Correct truck number referenced on the ticket is accurate before leaving scale. f) If the IH is unable to deliver the material loaded onto their truck and/or truck-trailer and

the IH does not return the material to dispatch point the IH will reimburse ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC the total cost of the materials.

g) The IH will not “pull off” a haul when the haul rate was established in advance, except in the case of a breakdown and shall immediately notify the local ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC DISPATCH OFFICE of a breakdown.

h) The IH shall ensure that the Customer signs the tally for each load at time of delivery. It is a mandated requirement that the IH and/or IH representative [Driver] ensure this process is completed.

I. Request for such copies shall be fulfilled as soon as possible, but no later than the next business day.

II. Payment withheld from ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC [for both materials and transportation costs] because of no proof of deliveries [i. e.

unsigned tickets] will be debited against payment to the IH without exception. i) IH shall perform, with the equipment set forth in the Appendix C, the task of moving the

equipment and/or materials to, from and within the jobsite.

IH may decline any of these tasks, and ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC may contract with others to perform such services as well as with IH.

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC shall not guarantee to offer any particular number of loads to the Independent Hauler and Independent Hauler may decline to transport any load offered by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC reserves the right to use the services of any Independent Hauler based on the quality of services provided, Length of service or seniority shall not be the main factor in deciding who will be used for daily hauling services. The daily work schedule is based on customers’ needs and DISPATCH shall not be questioned about other IH hauling assignments.

The IH acknowledges that ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC owns trucks for hauling products and has driver-employees for operating such trucks.


The IH agrees that ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC may utilize its trucks and drivers in any manner that it wishes and that ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC is not obligated to order work from an IH unless it chooses not to utilize its own trucks.

3. COMPENSATION.

Prior to Independent Hauler's performance of transportation services for a particular project, ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC and Independent Hauler will agree upon the compensation to be paid to Independent Hauler.

Compensation will be based upon either a “per-ton” or “per-hour” and shall be paid to Independent Hauler when ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC is paid by the customer [pay-if-paid language- see specific language below]; after Independent Hauler's submission of an invoice and delivery receipts, providing that all required qualification paperwork is current.

I. ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION is only obligated to pay the IH if the owner [client/contractor/entity where delivery is/was made] first pays ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION for the material hauled.

II. IH [Subcontractor] is accepting the risk of the owner [client/contractor/entity where delivery is

made] non-payment. III. Payment by owner [client/contractor/entity where delivery was made] is a “Condition

Precedent” to paying its subcontractors and affirmatively shifts the risk of owner [client/contractor/entity where deliver was made] non-payment to the IH [Subcontractor].

All invoices/delivery tickets submitted to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC after fifteen (15) days of the date of delivery will be subjected to a 10% penalty.

Invoices/delivery tickets submitted to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC after forty-five (45) days of the date of delivery will not be paid.

The guidelines contained in Appendix A, attached hereto, and made a part of this Agreement; govern the calculation of compensation to be paid to Independent Hauler.

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC shall pay IH for the Services performed by IH in accordance with the agreed upon amount for the services provided.

Except as otherwise provided within this agreement the IH shall not be entitled to any other fees, such as:

I. Reimbursements, Travel Expenses, or II. Administrative Expenses Out-of-Pocket Expenses,


4. REPRESENTATIONS AND WARRANTIES OF INDEPENDENT HAULER.

Independent Hauler represents and warrants: A. That IH shall perform the Services in good workmanlike and safe manner

consistent with the highest industry standards applicable to provider of such services.

I. If the IH is not an individual Owner-Operator and/or is utilizing other properly licensed drivers the IH shall utilize the services of experienced and capable personnel, as defined by the Federal Motor Carrier Safety Regulations, to render these services.

B. That it (IH) is in, and shall remain in full compliance with all local, state and Federal laws, codes, ordinances, rules at all times, including the Federal Motor Carrier Safety Regulations.

I. The IH further represents and warrants that, prior to engaging into this

Independent Hauler Agreement, the IH has all necessary and valid “Operating Authority” as required by law, including necessary safety ratings to operate his/her equipment in the states for which IH will perform said services for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

II. Compliance with regulations shall include compliance with the Federal Motor Carrier Safety Administration and the United States Department of Transportation Drug and Alcohol regulations.

III. IH must further agree to follow and comply with all ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Non-DOT Drug and Alcohol Testing requirements applicable to the IH.

C. That it and/or its separate employees or independent contractors having a contract with IH, possess valid Commercial Drivers’ Licenses [CDL] with the right classification & endorsement for type of vehicle being operated, and shall be certified and qualified to operate equipment owned by the Independent Hauler.

D. That it maintains a regular place of business at the address noted in this document and provides hauling services as a “Authorized- for Hire Carrier”.

E. If IH is not an individual (“Sole-Proprietor”), IH is an entity duly organized and validly existing under the laws of the State of formation or incorporation, and the execution and performance of this agreement have been authorized and approved by appropriate management of IH and the person signing this Agreement on behalf of IH has full power and authority to execute this Agreement.


5. ADDITIONAL DUTIES OF INDEPENDENT HAULER.

A. Independent Hauler shall be solely responsible for any and all fines for its work.

B. Independent Hauler shall display on its Commercial Motor Vehicle(s) company name, US DOT Number, and if/where applicable FMCSA Operating Authority MC Number and any local or State PUC or other forms of US DOT and/or Operating Authority identification.

C. Independent Hauler shall have the responsibility for all fuel, oil, tires and other parts, supplies and equipment necessary or required for the safe and efficient operation and maintenance of its commercial motor vehicle(s) and related equipment furnished by Independent Hauler for the performance of its obligations.

D. IH shall maintain all vehicles in good repair, mechanical condition and appearance whether through it or by the driver of the vehicle.

I. IH shall be responsible for all expenses of every nature including the expense of road service and repair; in connection with the use and operation of all vehicle(s) with responsibilities for cost and expense, at all times during the term of this Agreement.

E. Independent Hauler shall utilize only the commercial motor vehicles identified in Appendix B attached hereto, which may be amended as needed, in providing transportation services to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

F. At all times during the term of this Agreement, Independent Hauler shall provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC with: I. Where applicable; a copy of FMCSA Operating Authority, and/or other

state transportation certifications as necessary. II. Contracts with other drivers to perform service, as an Independent

Hauler or employee, as applicable.

G. Independent Hauler shall ensure that each of its drivers fully understands and is in compliance at all times with Operational Guidelines, either its own or those attached hereto as the Commercial Motor Vehicle Safety Program.

I. A copy of Operational Guidelines [Commercial Motor Vehicle Safety Program] shall be carried at all times in each commercial motor vehicle which is used by Independent Hauler to perform transportation services for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

II. A signed copy of this Independent Hauler Agreement for duration of the agreement.


H. Independent Hauler shall, if it has employees, have in place a sexual and non-sexual harassment policy and shall, if the truck drivers are independent contractors, ensure that Independent Hauler and all Independent Hauler's drivers fully understand and are in full compliance at all times with the sexual and other harassment program.

6. INDEPENDENT CONTRACTORS.

A. Independent Hauler understands he/she is an independent contractor and that any individuals operating the trucks owned by him/her or furnished through him/her are either independent contractors or employees of Independent Hauler. If independent contractors are used by IH, the agreement between IH and that entity shall be provided to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

B. If the Independent Hauler uses employees, rather than independent contractors to operate commercial motor vehicles, Independent Hauler shall have exclusive control and direction of employees operating the commercial motor vehicles of Independent Hauler or otherwise engaged in transportation services.

I. Independent Hauler assumes full responsibility for the acts and omissions of such employee, and if employees are found to be employees, Independent Hauler shall have exclusive liability for the payment of: a. Local, state and federal payroll taxes and/or, b. Contributions or taxes for unemployment insurance, and/or c. Workers compensation,

d. Old age pensions and/or other Social Security and related protection with respect to the persons engaged in the performance of such transportation services and agree to comply with all applicable rules and regulations pertaining thereto.

e. The costs and expenses associated with the contracting or employing persons to operate trucks is the sole cost and expense of the IH or those who contract with IH.

7. INDEMNIFICATION.

A. To the fullest extent permitted by law, the IH shall defend, indemnify and hold harmless ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, its affiliates, agents, directors, Officers, employees and Clients (the indemnities) for all claims for bodily injury and property damage that may arise from the performance of the IH operations, to the extent of the negligence attributed to such acts or omissions by the IH, or anyone employed directly or indirectly by the IH, by any of them, or by anyone for whose acts any of them may be liable:


I. Claims, lawsuits, demands, damages, liability, costs and expenses, including but not limited to: a. Reasonable attorney's fees and courts costs, arising out of or resulting

from the performance of this agreement provided that such claim, demand damage loss, cost or expenses is attributable to bodily injury, sickness, disease or death or to,

b. Damage to and/or destruction of tangible property, but only to the extent caused by the negligence or fault of the IH or agents and/or representatives or anyone directly or indirectly employed or contracted by them, and/or

c. Fines, penalties, civil forfeiture, and/or d. Taxes, workers compensation claims, and/or e. Failure to make payment of proper wages, and/or f. Any other adverse claim, relating to or arising from Independent

Hauler's performance of this Agreement.

B. Such obligation shall not be construed to negate, abridge or reduce other

rights or obligations of indemnity which would otherwise exist as to a party or person described in Section A of Part 7- “Indemnification.”

C. In claims against any person or entity indemnified in 7-A, BY AN EMPLOYEE OF THE IH Agent or Representatives or anyone directly or indirectly employed or contracted by any of them, the indemnification obligations under 7-A shall be be limited by a limitation on amount or type of damages, compensation or benefits payable by or under any Workers’ Compensation Act, Disability benefit or other employee benefits acts.

8. FMCSA-DOT & NON-DOT DRUG TESTING

A. The IH shall provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC a compliant copy of FMCSA [DOT] Pre-employment Drug Screen with a “Negative” before the performance of hauling services begins- NO EXCEPTIONS!

I. If the IH cannot provide a compliant copy of FMCSA [DOT] Pre-employment Drug Screen with a “Negative” Result before the performance of hauling services he/she shall be afforded the opportunity to complete the test under ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Program. All costs associated with completion of this test will be deducted from the IH payment amount of first settlement period. These costs shall include a 10% administrative fee- based on total cost of test.


II. The IH shall be included into ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC FMCSA-DOT & NON-DOT Random Drug Testing Program for the duration of this agreement. When selected the IH and or employees of IH shall be required to complete the Random Drug Screen in accordance with FMCSA/DOT and/or ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Guidelines. All costs associated with completion of this test will be deducted from the IH payment amount of first settlement period. These costs shall include a 10% administrative fee- based on total cost of test.

III. The IH shall be required to comply with all segments of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC FMCSA-DOT and NON-DOT Drug & Alcohol Program and required to complete all prescribed tests within the scope of either program. This shall include all testing requirements or FMCSA-DOT Post Accident & Non-DOT Post Accident Tests. All costs associated with completion of this test will be deducted from the IH payment amount of first settlement period. These costs shall include a 10% administrative fee- based on total cost of test.

IV. The IH shall receive, and acknowledge by signature, a copy of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Summarization of FMCSA-DOT & Non- DOT Drug & Alcohol Testing Program.

9. INSURANCE.

A. At all times during the term of this Agreement, Independent Hauler, at its sole expense, shall maintain insurance of the types and amounts specified below.

The Insurance may be provided in a single policy or multiple policies, providing primary and/or excess coverage. Such insurance shall be written with Insurance Companies licensed in the jurisdiction where the services the IH perform and written with an A. M. Best Rating of A-VII or higher. The limits of the liability shall be stated as below, unless prior to commencement of any services, written approval is granted by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC for a “Variance” form those set limits.

I. Commercial Automobile Liability insurance, providing liability coverage for all trucks, truck-tractors, trailers, semi-trailers using a symbol 1 [Any Auto] used by IH for the operations performed for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC:

a. The Commercial Automobile Liability Insurance Coverage shall be at least as broad as the current editions of the ISO Business Auto Policy, CA 0001


b. Contractual liability, and c. Name ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC

and its customers as “Additional Insured” d. Provide a “Wavier of Subrogation in favor of ROCKY MOUNTAIN

AGGREGATE & CONSTRUCTION, LLC and its customers. e. Limits of Liability: The limits of liability shall not be less than a

combined single limit for bodily injury and property damage liability of $1,000,000.00 each accident.

f. Insurance coverage and amounts listed above must extend to the radius that the IH chooses to operate.

II. General Liability Insurance: IH will carry General Liability Insurance including, without limitation:

a. Coverage shall be at least as broad as that provided under the current edition of the ISO General Liability Policy, CG0001 including products and completed operations coverage.

b. Other than standard exclusions applicable to pollution, asbestos, mold, employment practices, ERISA and professional liability, there shall be no limitations or exclusions beyond those contained in the standard policy forms.

c. If work is performed in monopolistic Workers’ Compensation states, the General Liability Policy will be endorsed to provide Stop Gap Coverage.

d. Limits of Liability: i. $1,000,000 per occurrence, bodily injury and property damage

liability ii. $1,000,000 per occurrence, personal and advertising injury iii. $2,000,000 products-completed operations aggregate iv. $2,000,000 general aggregate applicable to claims other than

products and completed operations e. Additional Insured: Policy shall be endorsed to include ROCKY

MOUNTAIN AGGREGATE & CONSTRUCTION, LLC and customers, to be named as “Additional Insured.” i. Insurance coverage and amounts listed above must extend to the

radius that the IH selects to operate. f. Wavier of Subrogation: Policy to be endorsed to include a “Wavier of

Subrogation in favor of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

III. Workers’ Compensation & Employer Liability Insurance: IH, as required by any applicable law or regulation, will maintain Workers’ Compensation Insurance.

a. Employers Liability Insurance: i. $500,000.00 each accident for bodily injury by accident; and ii. $500.000.00 Policy Limit for bodily injury by disease; and iii. $500,000.00 each employee for bodily injury by disease


b. Wavier of Subrogation: Policy to be endorsed to include a “Wavier of Subrogation” in favor of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

IV. Transit [Cargo] Insurance: IH shall obtain a Transit [Cargo] Insurance policy with a minimum limit of $10,000.00.

a. Any deductible will be the responsibility of the IH. b. IH will be responsible for verifying the value of each load and the

adequacy of the limit in place for hauling that load. i. Loss Payable: ROCKY MOUNTAIN AGGREGATE &

CONSTRUCTION, LLC is required to be the “Loss Payable To” on this insurance and must be shown on the ACCORD Certificate of Insurance.

B. Certificate of Insurance: As a condition precedent to payment, IH shall provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC with

an Certificate of Insurance acceptable to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, and, if requested by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, certified copies of insurance policies.

C. Cancellation of Policy: The insurance policies required by this agreement shall include an “Endorsement” verifying the IH Insurance Carrier will provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC with thirty (30) days advance notice of any cancellation, non-renewal, or material change in coverage. A copy of such endorsement for each policy shall be provided by the IH to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

I. If IH fails to obtain acceptable Cancellation Notice Endorsements from its insurance carrier(s) IH shall assume the contractual responsibility to provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC with the advance written notice required above.

II. To the highest extent permitted by law, IH shall indemnify ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC for any claim, expenses, or liability which ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC incurs as the result of the failure of the IH to provide ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC with the required advance written notice of Cancellation.

III. As a stipulation within the contract between ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC and the IH, the IH shall be responsible to notify ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC of any cancellation or material change of the originally accepted insurance coverage provided as a contracting requirement and agreed upon prior to the execution of the contract.


a. Failure to comply with this stipulation or any other part of the IH Agreement will constitute a material break of said agreement with the usual remedies available to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, including forfeiture of any outstanding payments for work performed.

10. NOTIFICATION OF DRIVER STATUS

IH is responsible for notifying ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC prior to allowing an employee operate his equipment on any ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC job or prior to using an independent contractor on a ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC job.

11. DOCUMENTS

IH is responsible for maintaining all drivers’ logs, fuel receipts, fuel logs, mileage logs, invoices, maintenance records and all necessary ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC documents and forms relevant to and required for the performance contemplated under this Agreement. Independent Hauler shall provide copies of all such documents to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC upon reasonable request.

12. ASSIGNMENT

This Agreement shall not be assigned, in whole or in part, by IH without the prior written consent of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

13. ENTIRE AGREEMENT/MODIFICATION.

This Agreement, including the Appendixes attached hereto, sets forth all of the promises, covenants, agreements, conditions and undertakings between the parties hereto with respect to the subject matter hereof, and supersedes all prior and contemporaneous agreements and understandings, inducements or conditions, express or implied, oral or written, except as contained herein. This Agreement may not be amended except by a writing signed by both parties.

14. SECTION HEADINGS.

The “Agreement” may not be altered or modified except in writing signed by both parties. Captions used herein are for convenience only, and are not part of this “Agreement,” and shall be used in construing this “Agreement.”


15. PRONOUNS, SINGULAR AND PLURAL FORM.

All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine and neuter as the identity of the person or persons referred to may require, and all words shall include the singular or plural as the context or the identity of persons may require.

16. SEVERABILITY.

If any term, provision, or condition contained in this Agreement shall, to any extent, be invalid or unenforceable, the remainder of this Agreement shall not be affected thereby and each term, provision and condition of this Agreement shall be valid and enforceable to the fullest extent permitted by law.

17. LAW; VENUE; JURISDICTION.

This Agreement shall be governed by and construed in accordance with the laws of the State in which contract was activated. Any action or proceeding brought by either party hereto which is related to this Agreement shall be brought in a Federal or State Court having proper subject matter jurisdiction according to Customer’s Contract and located within the state in which IH was hired.

18. NOTICES.

Except as otherwise provided herein, all notices, statements, requests and demands given to or made upon any party hereto in accordance with the provisions of this Agreement shall be in writing and shall be deemed to have been given or made when delivered by hand or facsimile (with hard copy sent by “Registered” or “Certified” Mail; “Return Receipt Requested”, or by Federal Express or similar overnight courier), or when deposited in the mail, with postage pre-paid, “Registered” Mail or “Certified” Mail; “Return Receipt Requested” or when sent by Federal Express or similar overnight courier, in each case addressed below, or in accordance with any unrevoked written direction from any party to the other party hereto:

If to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC:

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Attention: Logistics 67246 T Road Montrose, CO 81403 Phone: 970 249-8780

If to Independent Hauler:

_______________________________________________________________________________

Attention: _______________________________________________________________________

_______________________________________________________________________________

_______________________________________________________________________________

Phone: Fax:


19. NO WAIVERS.

No failure by either party to exercise any power given to it under this Agreement, or to insist upon strict compliance by the other party of any obligation hereunder, and not custom or practice of the parties at variance with the terms of this Agreement will constitute a waiver of the party’s right to demand exact compliance with the terms hereof.

20. REMEDIES NON-EXCLUSIVE.

No remedy made available to any party by any of the provisions of this Agreement is intended to be exclusive of any other remedy, and each and every remedy shall be cumulative and in addition to every other available remedy.

21. SURVIVAL.

All representations, warranties, covenants and indemnities made herein shall survive the termination of the Agreement and shall remain in full force and effect.

All of party’s rights and privileges, to the extent they are attributable to events or conditions occurring or existing on or prior to the termination of this Agreement, shall survive the termination of this Agreement and shall be enforceable by such party and its successors and assigns.

22. ATTORNEYS’ FEES.

If any action between the parties relating to this Agreement, the prevailing party shall be entitled to recovery of its reasonable attorneys’ fees and costs from the non-prevailing party.

23. COUNTERPARTS.

This Agreement may be executed in two or more counterparts, each of which shall be deemed to be an original, but all of which together shall constitute one and the same agreement.

24. ENTIRE AGREEMENT.

This agreement constitutes the entire understanding and agreement of the parties, and no representations, documents, promises or agreements oral or otherwise, trade usage or course of conduct between the parties not embodied herein will be of any force or effect.


INDEPENDENT CONTRACTOR – PLEASE SIGN AND NOTARIZE IN THIS AREA IN WITNESS WHEREOF, THE PARTIES HAVE EXECUTED THIS AGREEMENT ON THE

DATE FIRST ABOVE WRITTEN

WITNESS: CONTRACTOR:

By: ________________________________

________________________________________ Name: ______________________________

Title: _______________________________

____ Sole Proprietorship

____ Partnership

____ Corporation

STATE OF_________________ Federal ID Number/SSN:

COUNTY OF _______________________

To wit:

I HEREBY CERTIFY that on this ________ day of _________, 20________, before me, the

subscriber, a Notary Public in and for the County and State aforesaid, personally appeared

_____________.____________ of _____________, known to me (or satisfactorily proven) to be the

person whose name is subscribed in said instrument, and made oath in due form of law that the matters

and facts set forth in the foregoing Agreement are true and correct.

AS WITNESS my hand notarial seal

________________________________________

Notary Public

My Commission expires: _______________________________________________________

THIS SECTION FOR ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC USE ONLY

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above;

WITNESS: ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION

LLC

__________________________________ By: __________________________

Name: _______________________

STATE OF _____________________ Title: ________________________

COUNTY OF ___________________

To wit:

I HEREBY CERTIFY that on this _____ day of _________, 20____, before me, the subscriber,

a Notary Public in and for the County and State aforesaid, personally appeared

_____________.____________ of _____________, known to me (or satisfactorily proven) to be the

person whose name is subscribed in said instrument, and made oath in due form of law that the matters

and facts set forth in the foregoing Agreement are true and correct.

AS WITNESS my hand notarial seal

___________________________________________

Notary Public

My Commission expires: _______________ ___________________________________________


APPENDIX A

INDEPENDENT TRUCKERS OPERATIONAL REQUIREMENTS

As an Independent Hauler (IH) hauling for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC (the Company), I agree to follow and enforce compliance with all drivers who are my employees operating Commercial Motor Vehicles in and for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, and obtain acknowledgment & approval from independent truckers to follow guidelines listed below at all times while performing contract work for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

The IH, its employees and/or its contract drivers will: 1. Have complete responsibility for operating and maintaining the commercial motor

vehicle in a safe manner. Under no circumstances is the IH to operate any commercial motor vehicle in an unsafe manner, even if asked to do so by an employee, a supervisor for the company or anyone else. As an IH, you are totally responsible for the safe operation of your vehicle and you have the responsibility and authority to stop the operation at any time if something may be unsafe.

2. Are to know and obey all local, state, and federal safety laws which apply to your commercial motor vehicle operation(s). IH is to follow all safety rules of the project owner and the company.

3. Shall furnish to and/or provide release of the IH employee’s and Contract Drivers Motor Vehicle Record.

4. Hereby affirm any loss or injury due to IH's action, including injury to yourself, will be the IH sole responsibility. Any costs incurred by the company because of IH actions, will be IH responsibility, including, but not limited to, legal fees, fines, property damage.

5. Are to be alert, well rested and prepared for their jobs. There is no double shift work by the same driver or may not be dispatched by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

6. Agree that all trucks must have visible truck numbers on the front, back, and sides of trucks.

7. Must comply with all applicable FMCSA and/or OSHA standards for transporting bulk materials.

8. Are required to wear a hard hat when outside truck, both at jobsites and plant sites. IH is responsible to furnish an ANSI approved hard hat in good condition. Where safety glasses and safety vests are required, drivers must comply. Any driver who refuses to wear the required safety equipment will not be eligible for dispatch.

9. Will wear proper professional attire. 10. Are involved in any kind of an accident or incident during working hours while hauling

for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC, the driver must report it to ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC management immediately.

11. Agree that back up alarms will be functioning at all times. Under no circumstances is the alarm to be shut off or disconnected. No manual switches are permitted. If back-up alarm stops working, driver must stop work immediately until the back-up alarm is repaired. Driver will not be paid down time to repair or replace inoperable back up alarms.


12. Recognize that overhead power lines are a very dangerous hazard. All drivers should get out of the truck and visually inspect the area for overhead wire exposures prior to dumping. Do not accept someone else's word! The driver is entirely and solely responsible for avoiding contact with overhead power lines. Projects may provide signage, warning information, and overall project information.

13. If driver contacts power lines, the driver should yell to keep everyone away. Under the terms of this agreement, driver acknowledges that getting out of their truck while truck is in contact with power lines may cause electrocution and even death.

14. Are aware that when exiting from a project, driver is responsible and has final decision on whether to enter traffic flow.

15. Agree that should driver’s truck become stuck on any project, dump sites or loading sites, it is the driver’s responsibility to direct any towing operation. Any damage as a result of the towing operation is the IH responsibility.

16. Are responsible for reviewing project location for changing conditions. Projects sites change constantly and the driver must be especially alert for changing conditions.

17. Are responsible for conformance with any traffic rules and must take any necessary precautions to respond to warning signs or verbal instructions from jobsite supervision. This includes obeying jobsite speed limits. After the driver conducts a review of the jobsite conditions, the driver must obey the directions of the designated person unless the driver believes the conditions are unsafe. driver is to stop work immediately if unsafe conditions exist.

18. Will not, under any circumstance perform backing operations when "No Backing" signs are visible.

19. Agrees that prior to unloading loads, driver will determine from contractor where to unload, review existing ground, personnel conditions, and determine safe traffic patterns.

20. Due to third party liability, no riders are permitted in trucks unless specifically authorized by ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC or other authorized agent of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC.

21. Agree that cleanup or cleanup costs incurred due to oil, diesel fuel, or other spills, by IH or IH equipment is the IH sole responsibility. Should a spill occur as a result of IH actions, or from IH equipment, IH must: A. Contact jobsite representative immediately B. Notify proper authorities. These include, but are not limited to EPA, local fire

department and Haz-Mat team C. Notify ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC management

22. All vehicles shall be equipped with seat belts and all drivers shall wear seat belts while on ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC property.

I understand that these operating procedures will be enforced and that failure to abide by these guidelines may result in non-payment and (or) termination of this agreement.

Name [Print]: _______________________________________________________________

Signature: _______________________________________________________________

Date: ___________________________________________________________________


APPENDIX B 2019 GROSS VEHICLE LISTING

Please call the Montrose, CO Office before completing this form if you are adding a new truck.

Assigned

Truck # Year Model

Gross

Weight

Tare

Weight

Single

Axle

Tandem

Axle

Tri-

Axle

Quad

Axle

Six

Axle

Seven

Axle

Tractor

Trailer

Please make copies of this sheet for your records. I understand that if I make any modifications to the above vehicle(s) or add a vehicle to my fleet, it is my

responsibility to notify ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC immediately. __________________________________ ___________/__________/__________

Owner/Authorized Signature Date [Signature date & notary date must be same]

State of: ______________________________ County of: _______________________________

The aforesigned having been duly sworn that all statements contained in the foregoing affidavit are true.

Subscribed and sworn to before me this _____________________ day of _________________/20____

Notary Public Signature: ___________________________________________________________

My commission expires: ________________________/____________/______________________


APPENDIX C

CERTIFICATION OF MAINTAINING INSURANCE CERTIFICATES-2019

[Only to be completed if you are using other's trucks]

Your company's name: __________________________________________________________

I certify that the above-named trucking company is maintaining current certificates of insurance on all subcontracted equipment that it may utilize on any ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC job. All such certificates of insurance comply with Section 9 of the ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC Independent Hauling Agreement.

__________________________________ ___________/__________/__________

Owner/Authorized Signature Date [Signature date & notary date must be same]

State of: ______________________________ County of: _______________________________

The aforesigned having been duly sworn that all statements contained in the foregoing affidavit are true.

Subscribed and sworn to before me this _____________________ day of _________________/20____

Notary Public Signature: ___________________________________________________________

My commission expires: ________________________/____________/______________________


APPENDIX D

INDEPENDENT HAULER INSURANCE STATUS DECLARATION

COMPLETE ONLY IF YOU ARE A SOLE PROPRIETOR AND ARE CLAIMING EXEMPTION FROM CARRYING WORKERS’ COMP INSURANCE

The undersigned performs contractual work for ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC (herein referred to as the “prime contractor”). As an “Independent Contractor” and claims to be exempt from Workers’ Compensation Insurance coverage by virtue of meeting provisions of applicable States for which Contractor will perform the Services.

1. I own the assets of a business, company or service known as

__________________________________________________________

Insert name of business

And located at:

___________________________________________________________

Insert complete address of business

2. I manage and control such business, company or service

3. I have ultimate responsibility for all decisions affecting such business, company or service.

4. I am subject to realize any profit or loss from such business, company or service as evidenced by

being required to file a Tax Schedule C of Schedules and L (Form 1065) of the Partnership Tax

Return with Federal Internal Revenue Service annually.

Because I am exempt, I understand that if I am injured while performing contractual work for the prime contract, I will not be covered for such injury under the prime contractor’s insurance for all of my employees.

Having read and understood the above provisions. I certify under the penalty of perjury that I meet all of the above requirements and am thereby exempt from the Workers’ Compensation Act. SIGN AND RETURN

__________________________________ _________________________

Name of Independent Contractor Title

__________________________________ _______ _________________________

Signature of Independent Contractor Date SS# or Federal Tax ID#


APPENDIX E

INSTRUCTION FOR COMPLETING IRS FORM W-9 REQUEST FOR TAX PAYER IDENTIFICATION NUMBER AND CERTIFICATION

SOLE PROPRIETORS AND PARTNERSHIPS PLEASE NOTE:

Please follow the instructions listed on the IRS form W-9 request for taxpayer identification number and certification. The information that you enter on the W-9 form is the information that ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC will use to prepare and report tax information to you and the IRS. Be sure to enter only one tax identification number, either a person social security number or a tax identification number. If at any point during the year your business address, name, or type of business changes, please let us know as soon as possible.

PLEASE SIGN AND RETURN ALL FORMS REQUESTED IF YOU HAVE ANY QUESTIONS OR NEED HELP, PLEASE CALL THE OFFICE @ 970 249-8780


APPENDIX F

Customers of ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC require that

ROCKY MOUNTAIN AGGREGATE & CONSTRUCTION, LLC and its contractors, abide by

the Drug and Alcohol policies established by such customers in order for ROCKY MOUNTAIN

AGGREGATE & CONSTRUCTION, LLC to continue its business relationship.

Therefore, in order for the undersigned to comply with ROCKY MOUNTAIN AGGREGATE &

CONSTRUCTION, LLC and its customers’ requirements, the undersigned IH hereby agrees

that it shall comply with all requirements of ROCKY MOUNTAIN AGGREGATE &

CONSTRUCTION, LLC and/or its customers Drug and Alcohol policies, including all

applicable procedures and testing companies.

Agreed & Accepted:

Company Name: _____________________________________________________________

Printed Name of Signatory IH: __________________________________________________

Signature: _________________________________________________________________

Date: ________________________ Time: ___________________________

independent hauler agreement · prepared for rmac v1.02 [2-12-2019] independent hauler agreement ....

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