2. SERVICES:
Trucker agrees to provide all necessary equipment and personnel for the transportation of sand, aggregate, hot mix asphalt, and other materials, and LMNV agrees to pay for the transportation of said materials at the rates and prices agreed upon between the parties. Further, Trucker agrees to follow the rules set forth in Exhibit "A" attached hereto.
3.TERM:
The term of this Agreement shall commence with the date of signing and shall continue thereafter for a period ofone year. Any earlier termination may be in accordance with the terms and conditions set forth herein.
4. DUTIES AND RESPONSIBILITIES:
4A. Trucker
1. Trucker retains the sole and exclusive right to select the equipment, retain drivers, and otherwise determine the mode and manner in which the materials are to be transported.
2. Trucker agrees to fulfill its responsibilities under this Agreement in a workmanlike manner and warrants that (i) on Louisiana State Highway projects, it will only utilize equipment and drivers approved by the Louisiana Department of Transportation and will compensate its subcontractors, employees (if any), and agents, in accordance with the Louisiana Department of Labor' minimum wage schedule; and (ii) on projects funded in whole or in part by the United States Department of Transportation, it will only utilize equipment approved by or in accordance with the Department of Transportation regulations, and to compensate its subcontractors, employees (if any) and agents in accordance with the applicable federal regulations, and (iii) to comply with any other state or job-specific regulations and requirements.
3. Trucker and any of its subcontractors, agents or employees agree to furnish LMNV evidence of its satisfaction of the obligations under Clause 2, above, when demanded by the regulatory authority. In any event, LMNV will not be responsible for any violation of the federal, state, or local laws by Broker or any of its subcontractors, employees, or agents in connection with the execution of this Agreement.
5. INTEGRATED AGREEMENT:
This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the hauling of materials and contains all the covenants and agreements between the parties. Each party to this Agreement acknowledges that no representations, inducements, promises, or agreements, oral or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding.
6. COMPLIANCE:
16.1 The Trucker agrees to comply with all laws, regulations, and rules (including, but not limited to Louisiana Department of Transportation and Development, Louisiana Department of Environmental Quality, United States Department of Transportation, OSHA, and the attached LMNV Site and job Site Trucking Rules -Addendum A), and applicable driver licensing and truck licensing rules on all vehicles owned or operated, or caused to be operated, by the Trucker. 16.2 The Trucker agrees to inform all drivers of these rules and regulations to provide copies (upon written request) of all licenses, current physicals, and that all drivers have participate in drug and alcohol training and testing in the past twelve months. Also, the Trucker will notify the LMNV truck dispatcher or office of any truck incident.
