Independent Truckers - Lawrence Lynch

Hired Trucker Application Packet
Please review the following agreement and understand that Lawrence-Lynch Corp. will not accept any agreement that has been altered and will not accept any modifications that have been made to the attached agreement. If your insurance carrier needs specific information or would like to discuss the outlined requirements, please have them contact Lawrence-Lynch Corp. directly.
Renewable Trucking Agreement - must be accompanied with a certificate of insurance. Please make sure that the enclosed agreement is signed where indicated before returning it to Lawrence-Lynch Corp.
Certificate of lnsurance - Lawrence-Lynch Corp. must be named as "Additional Insured" on each of the coverage's required except for Worker's Compensation. All vehicles and equipment must be listed with year, make, and model. The insurance limits outlined in the agreement shall be written on a per occurrence basis. The written endorsement can be placed in the description box on the certificate and must include that the Hired Truckers liability insurance be primary and the liability of Lawrence-Lynch Corp. be secondary. All requirements outlined in this paragraph can be found under section 4 of the Renewable Trucking Agreement and a sample certificate is also attached.
Owners with Multiple Trucks/Drivers Owner/Operator
Automobile Liability $1,000,000 each accident $1,000,000 each accident
General Liability $1,000,000 each occurrence Not Required
Worker's Compensation W/C statutory limits (if applicable) Not Required
Required for all Hired Truckers
1. Description of Operations/Locations/Vehicles section of Auto & GL policies
a. Lawrence-Lynch Corp. must be listed as an additionally insured
2. Certificate Holder:
Lawrence-Lynch Corp.
396 Gifford Street
Falmouth, MA 02540
3. Compliance for Canvas - The canvas must be made of solid material and meet Massachusetts Highway Department DOT Specifications for hauling Bituminous Concrete. You can contact Lawrence-Lynch Corp., who will help refer you to an appropriate vendor.
4. Overweight Permits Required - Every truck will be required to have overweight permits for Massachusetts and/or Rhode Island based upon your home plant prior to the start of employment. Permits shall be for the maximum allowed under law.
5. Safety Requirements -As a hired hauler for Lawrence-Lynch Corp., we ask that you abide by State Regulations/DOT Regulations and/ or Lawrence-Lynch Corp. safety policies. To haul on state projects on the Interstate Highway System, we require that you have "Construction Vehicle Do Not Follow" signs, strobes or beacon lights, properly functioning back-up alarms and OSHA 10 certification. If you are on one of these projects and are not equipped with these safety items, a Lawrence-Lynch Corp. Foreperson, Project Manager, Safety Manager, or State Inspector has the authority to take you off the haul until such time as you have com lied with the above listed items.
6. Federal or State Funded Projects - A regulation effective July 2006 requires that anyone working on any Federal or State Funded project needs to have an OSHA 10 Hour Certification Card. You must maintain copies of your driver's certification cards in your company files and require all driver to carry certification cards when on job-sites. Failure to have this certification may limit the use of your equipment during the season.
7. Lawrence-Lynch Corp. Trucker Tickets- It is the driver's responsibility to properly complete a daily truck ticket with specified date, start and stop times, company name, truck number, job information, hauled to (location), hourly/tonnage, rental, certified etc., notes/reasons for delays (in the bottom comment section), and printed name (not signature). The Trucker Tickets MUST be returned to our scale/dispatch location no later than weekly. Hot Mix Asphalt (HMA) tickets must be signed by Lawrence-Lynch Corp. Dispatch or Pit office employees. All Trucker Tickets must be returned and properly completed on a weekly basis (daily strongly preferred) for your payroll to be processed.
a. Haulers who perform hourly rentals to our customers MUST pass the Trucker Ticket into Lawrence-Lynch Corp. within a week; otherwise you will not be paid for the work.
b. Haulers have 60 days from date of performance to pass in or dispute Trucker Tickets for payment. We will no longer accept paperwork passed in after this time.
8. Near Misses, Accidents, and damage - Must be reported immediately to the job foreman, Safety Manager, and/or Compliance Manager. Please forward pictures, documentation, etc., to the Compliance Manager as soon as it is available to be recorded by company standards.
a. NOTE: Speeding tickets, tolls, fines, accidents, liabilities, etc. incurred, while in our employ, will be your responsibility. Please remember all Federal, State and Local laws must be adhered to.
** All application requirements are to be passed in before our seasonal work begins. Failure to do so will result in a delayed start for your company.
Hired Trucking Agreement
General Service Agreement - Terms & Conditions
This General Service Agreement is made this day of , 20 by and between LAWRENCE-LAWRENCE-LYNCH CORP. (and/or one of its wholly-owned subsidiaries or divisions (hereinafter "LAWRENCE-LYNCH CORP.") and of (herein referred to as the "HAULER").
1. TERM: Hauler agrees to furnish the hauling and trucking services ("Services") requested by Contractor during the following period of time: April 1, 20____ to March 31, 20____ in accordance with the provisions of this Agreement. The Services will be performed at the locations designated by Contractor and at the prices mutually agreed upon by the parties in writing. This Agreement shall automatically renew for successive 1-year terms, unless Contractor or Hauler terminates this Agreement by providing the other party written notice of non-renewal prior to the current term expiration.
a. Notwithstanding any provision herein to the contrary, in the event that Contractor enters into a separate written subcontract agreement and/or purchase order with Contractor with respect to any specific project, these Terms & Conditions shall remain in force, except for specific and contrary provisions in a writing executed by an officer of Contractor. In the event of any termination, Contractor:
1) may take over and prosecute the Hauler's work to completion either by use of its own employees or by engagement of another contractor;
2) may take possession of the work in progress, including all materials, appliances, equipment and tools which are necessary for completion of the work, without additional charge to Contractor; and
3) shall be entitled to recoup from Hauler for all excess costs or expenses resulting from the termination by payment holdback or any lawful means.
2. NON-EXCLUSIVITY: This Agreement shall not constitute an exclusive arrangement. Contractor shall remain free to engage other persons or entities to perform hauling and trucking services. Hauler shall remain free to perform hauling and trucking services for any other person or entity.
3. EQUAL EMPLOYMENT. Hauler will comply with all existing federal, state and local laws and regulations regarding Equal Opportunity. The Hauler is encouraged to employ members of minority groups, in its labor forces and with vendors, and shall not discrimination and harassment of any type without regard to race, color, religion, age, sex, national origin, disability status, genetics, protected veteran status, sexual orientation, gender identity or expression, or any other characteristic protected by federal, state or local laws.
4. SAFETY & COMPLIANCE: In the performance of this Agreement, Hauler shall, at no additional cost to Contractor, comply with Contractor's safety rules and regulations, including those on Schedule 1 hereto, and with all applicable laws, rules, regulations, and ordinances of any nature whatsoever, including but not limited to: employment discrimination, wage and hour, drug-free workplace, OSHA, MSHA, Motor Vehicle Safety, weight limits and environmental laws. Hauler has a duty to monitor all applicable weight regulations and no driver shall leave or enter Contractor's property or projects with an overweight or unsecured load. Hauler shall also securely fasten a tarp to all loose loads or take any other necessary action to prevent material from escaping from the truck. In connection with the performance of Services, Hauler shall, and shall cause its suppliers and subcontractors to act in a respectful and professional manner at all times.
5. INSURANCE: Hauler shall provide and maintain worker's compensation, general liability, automotive liability, and property damage insurance, written by insurers acceptable to Contractor. The minimum required limits and coverages required are as follows: Owner-Operators - Auto Liability - $1,000,000 per occurrence; Multiple Trucks/Drivers- Auto Liability - $1,000,000 Combined Single Limit; General Liability - $1,000,000 per occurrence, Workers Compensation Coverage A - Statutory Limits. All policies, except for worker's compensation policies, shall name Contractor as an additional insured with primary coverage and shall, to the fullest extent permitted by law, defend, indemnify and protect Contractor from all claims, expenses and liabilities in any way related to or arising out of (i) the Services; (ii) any breach of this Agreement; or (iii) any act or omission of Hauler or any person or entity performing Services directly or indirectly on behalf of Hauler. Contractor's coverage shall be non-contributory. To the extent permitted by law, all insurance shall expressly provide that all rights of subrogation against the Contractor are waived and that no amendment or cancellation of any policy shall be effective until 30 days' written notice to Contractor. Before providing the Services and upon Contractor's request, Hauler shall provide Contractor with certificates evidencing the required insurance coverage. Contractor's payment to Hauler prior to receipt of the certificates shall not diminish Hauler's duty to maintain the required insurance and Contractor shall not have waived any rights by allowing Hauler to perform Services prior to supplying the certificates.
6. INDEMNITY: To the fullest extent permitted by law, Hauler shall defend, indemnify and hold Contractor, its officers, employees, agents, insurers, sureties, and affiliates, harmless from any and all losses, damages, expenses (including attorneys' fees), claims, suits, liabilities, fines and remedial or clean-up costs arising out of or in any way related to: (i) the performance of the Services; (ii) any breach of this Agreement; or (iii) any act or omission by or on behalf of Hauler, its employees, and agents. These defense and
indemnity obligations are in addition to, and in no way limited by, Hauler's duty to provide insurance. When required by law, Hauler's indemnification obligation shall be limited to $5,000,000 and the parties agree that said amount bears a reasonable commercial relationship to the work related to this Agreement.
7. LIENS & COSTS: Hauler shall obtain and pay for all fuel, materials, labor, permits, licenses, and inspections related to the Services. All funds paid by or to Contractor for Services shall be deemed in trust for the payment of all labor and materials supplied in the course of Hauler's performance of the Services. The funds shall not become Hauler's property until full payment is made for all such labor and materials. Any damages recoverable by Contractor from Hauler shall bear interest at the annual rate of 18%, or the highest rate permitted by law, whichever is lower.
8. INDEPENDENT CONTRACTOR; CONTROL OF SERVICES: Hauler agrees that it is, and will remain throughout the life of this Agreement, an independent contractor solely responsible for performing the details of the Services, and an employing unit subject to and in compliance with all applicable tax, unemployment compensation, worker's compensation and other laws, including all recordkeeping, wage payment, payroll withholding, and all other requirements for full compliance. Hauler shall provide proof of such compliance upon Contractor's request. Contractor and Hauler agree that Contractor has no right to control the manner in which the Hauler performs the Services hereunder. Hauler shall also provide proof of its experience and qualifications upon Contractor's request.
9. FLOW-DOWN: In the event that Services are performed in connection with Contractor's performance of a contract with a third party, the provisions of that contract (including flow-down provisions) are incorporated into this Agreement by reference and Hauler shall fully comply with such provisions. If Hauler is required to obtain any prequalification in order to perform the Services, Hauler shall promptly obtain all required pre-qualifications.
10. SUBCONTRACTING: Hauler shall not subcontract the performance of any of the Services prior to obtaining Contractor's advance written consent. If Hauler is authorized to subcontract any of the Services, Hauler shall continue to be responsible for the performance of the Services and the terms of this Agreement.
11. ASSIGNMENT & MODIFICATION: This Agreement and any payments related to the same may not be assigned by Hauler to any person or entity without Contractor's advance written consent. Further, this Agreement sets forth the complete agreement of the parties
with respect to the Services and any modification of the Agreement must be in writing and signed by both parties.
12. CONFIDENTIALITY: Hauler shall treat Contractor's business information, including Contractor's products and customers, as confidential information and shall not disclose the information to any third party.
13. MONITORING: Hauler shall closely monitor the drivers and vehicles used in the performance of this Agreement so that the drivers and vehicles comply with all applicable regulations.
14. ENFORCEABILITY: If any provision of this Agreement is found unenforceable by any arbitrator or court, Contractor and Hauler agree that such provision shall be modified to the minimum extent necessary to render it enforceable, and that the remainder of this Agreement shall not be affected by the modification of such provision.
15. DISADVANTAGED BUSINESS ENTERPRISE: If Hauler is to perform as a Disadvantaged, Small, Minority or Female-Owned Business Enterprise ("DBE"), Hauler (i) shall ensure that all Services it undertakes in this Agreement are performed and supervised by Hauler's own forces, except for Services subcontracted to others with Contractor's prior written consent, and (ii) shall comply with all applicable federal, state, and local laws, regulations or ordinances governing the Hauler's performance and continuing certification as a DBE so that its performance will count toward Contractor's DBE requirements in the Contract.
16. MANDATORY BINDING ARBITRATION: ANY DISPUTE ARISING UNDER OR RELATED TO THIS AGREEMENT SHALL BE SUBMITTED TO AND RESOLVED BY BINDING ARBITRATION BY A SINGLE ARBITRATOR IN THE STATE AND COUNTY OF CONTRACTOR'S OFFICE. THE AMERICAN ARBITRATION ASSOCIATION (AAA) SHALL CONDUCT THE ARBITRATION AND THE COSTS OF THE ARBITRATION SHALL BE BORNE EQUALLY BY THE PARTIES. NOTWITHSTANDING ANY LANGUAGE TO THE CONTRARY IN THE CONTRACT DOCUMENTS, THE PARTIES AGREE: THAT THE UNDERLYING AWARD MAY BE APPEALED PURSUANT TO THE AAA'S OPTIONAL APPELLATE ARBITRATION RULES ("APPELLATE RULES"); THAT THE UNDERLYING AWARD RENDERED BY THE ARBITRATOR(S) SHALL, AT A MINIMUM, BE A REASONED AWARD; AND THAT THE UNDERLYING AWARD SHALL NOT BE CONSIDERED FINAL UNTIL AFTER THE TIME FOR FILING THE NOTICE OF APPEAL PURSUANT TO THE APPELLATE RULES HAS EXPIRED.
17. LIMITATION OF LIABILITY: TO THE FULLEST EXTENT PERMITTED BY LAW, CONTRACTOR SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES WITH REGARD TO ANY CLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.
18. COUNTERPARTS: This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall be deemed to be one and the same agreement. A signed copy of this Agreement delivered by electronic transmission shall be deemed to have the same legal effect as an original.