_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com
Please complete and fax the following documents to 479‐203‐5434 or email to SupplierServices@bnsflogistics.com. 1. CARRIERS having an unsatisfactory safety rating with the FMCSA or in a Province of Canada where relevant will not
be accepted. CARRIERS having a Conditional safety rating with the FMCSA or in a relevant Province will only be considered for acceptance if ALL of the following documents are provided: A copy of the CARRIER’s formal request to the FMCSA (49 CFR 385.17), or where relevant, Canadian provincial authority to be upgraded to Satisfactory A copy of the compliance review from the FMCSA, or where relevant, Canadian provincial authority showing the number and types of violations A copy of the CARRIER’s improvement plan 2. Completed CARRIER profile including equipment profile 3. Copy of the CARRIER’s contract or common CARRIER authority Company name and address on insurance certificate must match name and address on authority
o Carrier must provide evidence of appropriate U.S. authority and where relevant, Canadian provincial authority. 4. Copy of the CARRIER’s hazmat transportation authority (if applicable) 5. Completed W‐9 or W‐8 form 6. Signed BNSF Logistics Broker / Carrier Agreement Non‐factored CARRIERs will automatically be enrolled in the 2 day Quick Pay program with a fee of 2.75%. To Opt out of the 2 day Quick Pay option, CARRIER must select another payment term option. Quick Pay terms are not available to factored carriers. If a Quick Pay option is chosen, the Electronic Funds Transfer (EFT) enrollment form should be completed to receive payments via EFT vs. hard copy check . ALL pages must be initialed. Signature page of the contract must be signed. 7. Insurance certificate A. Standard value carrier Proof of statutory minimum insurance in U.S. and all relevant Canadian jurisdictions in amount of not less than $100,000 cargo, $1,000,000 auto liability, $1,000,000 general liability (in U.S. Funds). * Intrastate CARRIERs not having a US DOT requiring a BMC‐91X on file with the FMCSA must provide a certificate of insurance naming BNSFL as an additional insured together with copy of a MCS‐90 endorsement issued by the named insurer. BNSF Logistics, LLC as additional insured or certificate holder with the address: BNSF Logistics, LLC. ,4700 S Thompson, Springdale, AR 72764 B. Premier high‐value carrier In addition to the standard value insurance requirements listed in Section 6 of the BNSF Logistics Broker / Carrier Agreement, carriers who are interested in hauling high‐value loads must provide proof of more than $100,000 cargo liability coverage and also include the following documents: A certificate of insurance listing ALL unapproved commodities or a copy of the policy exclusions (Property Not Covered) and any commodity specific caps. A certificate of insurance listing BNSF Logistics as an additional insured to the carrier’s cargo policy with a notice of cancellation no less than 30 days. A certificate of insurance or cargo insurance policy that does NOT state that the policy is for “scheduled” vehicles or “scheduled” drivers. Available loads Carriers may view available loads by visiting our website at http://www.bnsflogistics.com/eservices/carriers.html Questions‐Please contact SupplierServices@bnsflogistics.com or call 855‐788‐7771.
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com CARRIER PROFILE A. Carrier Information Carrier Name: _______________________________________________________________________________ Physical Address: ____________________________________________________________________________ City: ____________________________________________ State: ________________ Zip: __________________ EIN# __________________ MC#: ________________ *DOT#: _________________ SCAC: ________________ *
Carriers operating in intrastate commerce only must attach a copy of their current intrastate authority. Canadian CARRIER Business # _____________Safety Fitness Certificate ____________National Safety Code # ________________ B. Contact Information Primary Ops Contact: ______________________________ Title: ________________ _____________________ Email: _____________________________________________________________________________________ Toll Free Phone: _______________________ Phone: ________________________ Fax: ____________________ Sales/Pricing Contact: ______________________________ Title: ________________ _____________________ Email: _____________________________________________________________________________________ Toll Free Phone: _______________________ Phone: ________________________ Fax: ____________________ C. Insurance Information Insurance Agent Name: _______________________________________________________________________ Address: ___________________________________________________________________________________ City: ____________________________________________ State: ________________ Zip: __________________ Email: _____________________________________________________________________________________ Phone: _____________________________________ Fax: ____________________________________________ D. Payment Remit to Information Is the below name/address a factoring company? Yes No Payment Remit to Company Name: ______________________________________________________________ Address: ___________________________________________________________________________________ City: ____________________________________________ State: ________________ Zip: __________________ E. Equipment and Fleet Profile
If operating as a reefer carrier, are you California ARB compliant? Yes No Are you certified as a SmartWay freight carrier by the EPA? Yes No Are you Hazmat certified? *If yes, please submit Appendix A and Hazmat certificate. Yes No Are you CTPAT certified? *If yes, SVI#_____________________________________ Yes No
# Drivers ____________________ # Trucks ___________________
# of # of # of
Vans (48/53 ft‐Air) ______ Flatbed (48 ft) _______ Reefer (48/53 ft‐Air) ______ Vans (53ft) ______ Flatbed (53 ft) _______ Reefer (53 ft) ______ Vans (48 ft) ______ Drop/Step (___ ft) _______ Reefer (48 ft) ______
Hopper ______ RGN (___ ft) _______ Box Van ______
_____________________________________________________________________________________________ BNSF LOGISTICS BROKER / CARRIER AGREEMENT (U.S. and Trans‐border) This Broker / Carrier Agreement (this “Agreement”) shall govern the services provided by ______________________________, a licensed motor carrier pursuant to Docket No. MC‐_______________ 1(hereinafter referred to as “CARRIER”) and BNSF Logistics, LLC (hereinafter referred to as “BROKER”), a Delaware limited‐liability company and a licensed property broker pursuant to Docket Number MC‐439484. 1. TERM. This Agreement shall be for the period of one (1) year and shall be automatically renewed; provided, however, that either party may terminate this Agreement upon fifteen (15) days’ written notice. 2. PAYMENT TERMS. Unless selected otherwise below, non‐factored CARRIERs will automatically be enrolled in the 2 day Quick Pay program with a fee of 2.75%. Factored CARRIERs will be automatically enrolled in 30 day payment terms. Payment terms of the date of this agreement supersede previous payment terms. If BROKER, in its sole discretion, elects to advance payment to CARRIER prior to receipt from BROKER’S customer, such advance is with recourse. Interest and penalties shall not apply to late payments. *2 days: 2.75% discount QP1 As noted above, non‐factored CARRIERs will automatically be enrolled in the 2 day Quick Pay program with a fee of 2.75%.
To Opt out of the 2 day Quick Pay option, CARRIER must select another
payment term option below:
*5 days: 2.00% discount QP2 *15 days: 1.00% discount QP4 30 days: 0% discount
*Quick Pay terms are not available to factored carriers.
Electronic Funds Transfer (EFT) is available only to carriers enrolled in Quick Pay. To enroll
in EFT, complete Attachment #2.
3. RELATIONSHIP. Upon accepting tendered load from BROKER, CARRIER shall not broker, interline, co‐broker, assign or trip lease loads with another party and shall transport all tendered loads (also referred to herein as shipments) on equipment insured, placarded and controlled by CARRIER. CARRIER agrees to transport all shipments provided under this Agreement without delay, and all occurrences which would be probable or certain to cause delay shall be immediately communicated to BROKER by CARRIER. CARRIER shall, at its sole cost and expense: (a) furnish all equipment necessary or required for the performance of its obligations hereunder (the “Equipment”); (b) pay all expenses related, in any way, with the use and operation of the Equipment; (c) maintain the Equipment in good repair, mechanical condition and appearance; and (d) utilize only competent, able and licensed personnel. CARRIER shall have full control of such personnel; shall perform the services hereunder as an independent contractor; and shall assume complete responsibility for all state and federal taxes, assessments, insurance (including, but not limited to, workers’ compensation, unemployment compensation, disability, pension and social security insurance and) and any other financial obligations arising out of the transportation and other services performed hereunder. Canadian CARRIERS shall, in addition, be responsible for all federal and provincial taxes, Canada Pension Plan and provincial pension plan contributions, employment insurance and unemployment insurance payments, workers’ compensation premiums and all employee benefit costs. Failure to comply will result in non‐payment of freight charges. 4. SHIPMENT DOCUMENTATION. CARRIER is to be named on the bill of lading as the CARRIER of record. BROKER shall be identified as the agent of the shipper to whom invoices are sent for processing. Upon delivery of each shipment made hereunder, CARRIER shall submit signed proof of delivery and signed BROKER’S load
1 Intrastate carriers without MC Numbers must provide U.S. DOT number or evidence of compliance with intrastate operations.
ALL CARRIERS Must Initial This Page Here___
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com confirmation with invoices to BROKER as agent for the shipper. Invoice will be in an amount equal to the rates and accessorial charges agreed to on the BROKER’S load confirmation sheet or other signed writing. Proof of delivery (or receipt) must show the kind and quantity of product delivered to the consignee of such shipment at the destination specified by BROKER or BROKER’S customer, and CARRIER shall cause such receipt to be signed by the consignee. Any terms, conditions and provisions of the bill of lading, manifest or other form of receipt or contract shall be subject and subordinate to the terms, conditions and provisions of this Agreement. Invoices not submitted within sixty (60) days of the ship date specified on the applicable bill of lading are waived. CARRIER shall notify BROKER immediately of any exception made on the bill of lading or delivery receipt. The terms and conditions of the Standard Truckload Bill of Lading incorporated herein by reference shall apply. 5. DETENTION. CARRIER agrees to allow two (2) free hours per location at origin, at destination, and at each intermediate stop before detention charges commence. BROKER must be notified at the end of the two (2) hours that CARRIER is still at location before any charges commence. CARRIER’S failure to contact BROKER will result in no detention charges being applied. 6. INSURANCE. CARRIER warrants to BROKER (and its customers) that it meets the following criteria:
a) CARRIER shall maintain cargo liability insurance in the amount of not less than $100,000 per shipment. Such insurance policy shall provide coverage to BROKER, BROKER’S customer and the owner and / or consignee for any loss, damage or delay related to any property coming into the possession of CARRIER under this Agreement. The coverage provided under the policy shall have no exclusions or restrictions of any type that would foreseeably preclude coverage relating to cargo claims.
b) CARRIER shall maintain public liability (Auto) insurance in the amount of not less than $1,000,000 as required by federal regulation (BMC‐91 on file).
i. Intrastate CARRIERS not having a US DOT requiring a BMC‐91X on file with the FMCSA must provide a certificate of insurance naming BNSFL as an additional insured.
c) CARRIER shall have commercial general liability coverage in the amount of not less than $1,000,000 per occurrence.
d) CARRIERS operating in Canada shall maintain insurance coverage at a level equal to the greater of the foregoing and such levels as are prescribed by provincial, territorial and federal laws relating to the jurisdictions in which CARRIER carries on business.
e) CARRIER shall maintain worker’s compensation insurance as required by all applicable state, or where relevant, provincial law.
f) CARRIER shall provide certificate of insurance naming BROKER as additional insured or certificate holder. 7. OPERATING AUTHORITY / SAFETY. CARRIER warrants that it has a United States Department of Transportation
(USDOT) safety rating of “satisfactory” or equivalent and is otherwise authorized to provide the proposed services. CARRIER shall at all times during the term of this Agreement be in compliance with all applicable laws. In the event that CARRIER is requested by BROKER to transport any shipment required by the USDOT to be placarded as a hazardous material, the parties agree that the additional provisions included in Appendix A shall apply for each such shipment. The additional provisions included in Appendix A‐1 shall apply for each such shipment carried in Canada. CARRIERS which do not have U.S. DOT Numbers must provide evidence of appropriate intrastate operating authority and warrant that their ability to operate has not been suspended or revoked. CARRIER warrants that they will not operate any shipment if their authority has been suspended or revoked. To the extent CARRIER operates in Canada, it warrants, in addition to the foregoing, that it has a safety rating of “satisfactory” or equivalent in the province that issued its safety fitness certificate. 8. GOVERNING RULES. This written Agreement, together with Appendix A (Hazardous Materials Requirements), Appendix A‐1 (Hazardous Materials Requirements – Canada) and Appendix B (High Value / High Risk Loads) each of which is attached hereto and incorporated herein by reference and any load confirmation contains the entire agreement between the parties and may only be modified by written agreement signed by both parties hereto. Arkansas law (except for any conflict of laws principles that would result in the application of the law of any other state), venue (which shall be exclusive and with respect to which the parties hereto waive any
_____________________________________________________________________________________________ right to argue that Arkansas is a forum non conveniens) and jurisdiction shall apply. CARRIER and BROKER
expressly waive any and all rights and remedies allowed under 49 U.S.C. §14101(b) to the extent that such rights and remedies conflict with this Agreement. Failure of BROKER to insist upon CARRIER’S performance under this Agreement or to exercise any right or privilege shall not be a waiver of any BROKER’S rights or privileges herein. The following rules shall apply:
a) The terms of the Standard Truckload Bill of Lading;
b) Standard claims rules otherwise applicable to common CARRIERS (49 C.F.R. §370); c) Cargo claims liability as set forth in the Carmack Amendment (49 U.S.C. §14706);
d) Destination market value for lost or damaged cargo, no special or consequential damages unless by special agreement;
e) Claims may be filed by BROKER or BROKER’S customer with CARRIER; and f) BROKER’S customer is a third party beneficiary of this Agreement.
9. FREIGHT LOSS, DAMAGE OR DELAY. CARRIER shall have the sole and exclusive care, custody and control of Customer’s property from the time it is delivered to CARRIER for transportation until delivery to the consignee accompanied by the appropriate receipts as specified in Paragraph 3 above. CARRIER assumes the liability of a common carrier (i.e., Carmack Amendment liability) for loss, delay, damage to or destruction of any and all of Customer’s goods or property while under CARRIER’S care, custody or control. CARRIER shall pay to BROKER (for BROKER’S customer), or allow BROKER to deduct from the amount BROKER owes CARRIER, the full actual loss for the kind and quantity of commodities so lost, delayed, damaged or destroyed. CARRIER agrees to transport and deliver loads within reasonable dispatch unless a specific delivery date is shown on the bill of lading or load confirmation. In the event a claim is not resolved to the satisfaction of BROKER or its customer within 90 days of presentation or CARRIER is unable to demonstrate the loss is properly insured, BROKER in its sole discretion may elect to offset the claimed amount against freight charges otherwise due and owing to CARRIER until the merits of the claim are resolved. At the election of BROKER, any cargo claim or claim for CARRIER’S negligence may be submitted for binding arbitration under the procedures established by the Transportation Lawyers Association with the cost of same to be evenly divided between the parties.
10. INDEMNIFICATION. CARRIER agrees to indemnify, defend and hold BROKER and its customers harmless from any claims for loss or damage, including, but not limited to, claims for or related to personal injury (including death) and property damage; to the extent caused by any act or omission of CARRIER, its employees or agents, in the performance of this Agreement or the services provided hereunder.
11. FREIGHT CHARGE COLLECTION. CARRIER agrees that BROKER has the exclusive right to handle all billing of freight charges to BROKER’S customers for the services provided herein, and, as such, CARRIER agrees to refrain from all collection efforts against the shipper, receiver, consignor, consignee or BROKER’S customer unless authorized in writing by BROKER.
12. WAIVER OF CARRIER’S LIEN. CARRIER shall not withhold any goods of any BROKER’S customer on account of any dispute as to rates or any alleged failure to receive payment of freight charges incurred under this Agreement. CARRIER further agrees that BROKER has the discretionary right to offset any payments owed to CARRIER hereunder for liability incurred by CARRIER pursuant to Section 9 of this Agreement.
13. BACK SOLICITATION. CARRIER agrees to not back solicit any customer of BROKER, either directly or indirectly. As liquidated damages, CARRIER agrees to pay BROKER a fifteen percent (15%) commission on all traffic handled for customers first introduced to CARRIER by BROKER for a period of eighteen (18) months following cancellation of this Agreement.
14. ASSIGNMENT / BENEFIT OF AGREEMENT. Neither this Agreement nor any of the rights or obligations hereunder may be assigned (including, without limitation, by operation of law, merger, change of control or otherwise), delegated or subcontracted, without the prior written consent of BROKER. Any unauthorized assignment, delegation or subcontracting of this Agreement or any of the rights or obligations hereunder shall be null, void and of no effect. This Agreement supersedes all other agreements and all tariffs, rates, classifications and schedules published, filed or otherwise maintained by CARRIER. This Agreement shall be
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com binding upon and inure to the benefit of the parties hereto. Except as otherwise expressly set forth herein, no third party is intended to have or shall have any rights under this Agreement. 15. INTERPRETATION / SEVERABILITY. The headings inserted at the beginning of each Section are for convenience only, and do not add to or subtract from the meaning of the contents of each Section. To the maximum extent possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable Law, but if any provision of this Agreement shall be prohibited by, or held to be invalid under, applicable Law, such provision shall be severable and ineffective solely to the extent of such prohibition or invalidity, and the remaining provisions of this Agreement shall not be impaired or otherwise affected by such Prohibition or invalidity, and the parties shall negotiate in good faith to replace such prohibited or invalid provision with a permitted and valid provision that achieves, to the greatest lawful extent under this Agreement, the economic, business and other purposes of such prohibited or invalid provision.
16. CONFIDENTIALITY. In addition to confidential information protected by law, statutory or otherwise, the parties agree that all of their financial information and that of their respective customers, including, but not limited to, freight and brokerage rates, amounts received for brokerage services, amounts of freight charges collected, freight volume requirements, as well as personal customer information, customer shipping or other logistics requirements shared or learned between the parties and their respective customers, shall be treated as confidential, and shall not be disclosed or used for any reason without prior written consent. In the event of violation of this paragraph, the parties agree that the remedy at law, including monetary damages, may be inadequate and that the parties shall be entitled, in addition to any other remedy they may have, to an injunction restraining the violating party from further violation of this Agreement, in which case the prevailing party shall be entitled to payment or reimbursement from the violating party for all costs and expenses incurred by or on behalf of the prevailing party, including, but not limited to, reasonable attorney’s fees. 17. USE OF SUBCONTRACTORS. CARRIER warrants that all service will be provided on motor vehicles insured,
placarded and controlled only by CARRIER (and that CARRIER will not double broker any services to be provided hereunder) in accordance with the terms of this Agreement. In the event CARRIER violates this warranty and double brokers any shipment to a CARRIER not authorized in writing by BROKER, CARRIER agrees that it shall be fully liable to BROKER and its customer for all insurance claims, for any vicarious liability resulting from breach of this warranty and for any demand for freight charges by the actual service provider. In addition to CARRIER’S obligation to indemnify and hold harmless BROKER and its customers from any liability or claim arising out of breach of this warranty, CARRIER agrees that as liquidated damages, BROKER may retain all unpaid freight charges due and owing to CARRIER and may seek recompense including state law remedies for tortious interference with contract in the event subcontractors demand payment of freight charges from BROKER’S contract on shipment double brokered in violation of this provision. Furthermore, BROKER shall be entitled to the sum of $1,000 for each occurrence of double brokering without written consent, which may be set‐off from any unpaid freight charges due to CARRIER.
18. COUNTERPARTS. This Agreement and any amendments hereto may be executed in multiple counterparts, each of which shall constitute an original, but all of which taken together shall constitute one and the same agreement. The delivery of signed counterparts by facsimile or email transmission (including PDF and TIF formats) that includes a copy of the sending party’s signature is as effective as signing and delivering the counterpart in person.
19. WAIVER. No wavier will apply to any term, condition or covenant other than that which is specified in the waiver. No waiver by a party of any breach of any term, covenant or condition hereof shall be deemed a waiver of the same as to any subsequent breach. No covenant, term or condition of this Agreement shall be deemed waived by any party unless waived and executed in writing by such party. No failure or delay by any party in exercising any right or remedy under this Agreement, and no course of dealing among the parties, operates as a waiver of such right or remedy, and no single or partial exercise of any such right or remedy precludes any other or further exercise of such right or remedy or the exercise of any other right or remedy. The rights and remedies set forth in this Agreement are in addition to, and not in limitation of, any other rights and remedies at law or in equity.
_____________________________________________________________________________________________ 20. LIMITATION OF LIABILITY. In no event shall BROKER be liable for any incidental, consequential, indirect or
special damages with respect to the subject matter of this Agreement. 21. NON‐SOLICITATION. The parties agree that neither party shall directly or indirectly solicit the employment of or hire any officers or employees of the other for a period of one (1) year after the termination date of this Agreement without prior written consent of the other party; provided, however, that nothing herein shall be construed to prohibit either party from (a) placing general advertisements for employment and hiring people who respond to those advertisements; or (b) recruiting and hiring through employment agencies (so long as the recruiting party does not direct such agencies to solicit the employees of the other party).
22. CARRIER COMMUNICATION. With respect to any in‐cab communications regarding shipments handled for BROKER, CARRIER warrants that all drivers will comply with federal requirements regarding hands free communications while operating commercial motor vehicles.
23. CARRIERS OPERATING REEFERS IN CA. On behalf of shipper, consignee and broker interests, to the extent that any shipments subject to this Agreement are transported within the State of California on refrigerated equipment, CARRIER warrants that it shall only utilize equipment which is in full compliance with the California Air Research Board (ARB) TRU ACTM in‐use regulations. CARRIER agrees to provide CARRIER’s driver with BROKER’s contact information including BROKER company name, street address, state, zip code, BROKER contact name specific to the load and BROKER contact number for each refrigerated shipment transported within the state of California. CARRIER shall be liable to BROKER for any penalties, or any other liability, imposed on BROKER because of CARRIER’S use of non‐compliant equipment or CARRIER’S non‐ compliance of providing drivers with contact information listed above. In Witness Whereof, the parties hereto have caused this Agreement to be executed in their respective names by their duly authorized representatives as of the date written below. BROKER CARRIER BNSF Logistics, LLC Authorized Representative Signature Authorized Representative Signature Print Name Print Name Title Title Date Date
Address 4700 S Thompson Address
Springdale, AR 72764 Phone # Fax # MC #/DOT# Federal ID #
**Please remember to make a selection and initial the following
pages for both Appendix A and B**
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com Please check appropriate box: Standard: I am requesting to be set up to haul only non‐hazmat cargo loads. Hazmat: I am requesting to be set up to haul both non‐hazmat and hazmat cargo loads and have the necessary insurance listed below and have included proof of hazmat certification. APPENDIX A: HAZARDOUS MATERIAL REQUIREMENTS With respect to the transportation of hazardous materials or waste requiring vehicle placarding under 49 C.F.R. Part 181, CARRIER agrees that the following additional provisions shall apply for all such shipments: 1. CARRIER represents and warrants that it has obtained all necessary federal and state permits and registrations to transport hazardous materials or waste in inter‐provincial, interstate and / or intrastate commerce. Upon request, CARRIER shall provide BROKER with a copy of all such federal and state permits and registrations. Additionally, CARRIER agrees to notify BROKER immediately upon any revocation or suspension of CARRIER’S state or federal hazardous material permits or registrations as well as the suspension or revocation of CARRIER’S “Satisfactory” safety fitness rating issued by the USDOT, which satisfactory rating is a prerequisite to providing transportation for hazardous materials under this Agreement. 2. CARRIER represents and warrants that all drivers used to transport hazardous material shipments have undergone the necessary training requirements of state and federal laws, including, but not limited to, the training requirements under 49 C.F.R. Part 126(F). CARRIER further warrants and certifies that each driver used to transport hazardous material has the proper endorsements on his or her Commercial Driver’s License to legally transport such shipments. CARRIER further agrees to comply with all federal, state and local laws regarding the transportation of hazardous material, including, but not limited to, the requirements specified under 49 C.F.R. Part 181, and 49 C.F.R. Part 397. 3. CARRIER shall procure and maintain, at its sole cost and expense, public liability and property damage insurance with a reputable and financially responsible insurance company insuring CARRIER in an amount not less than the limits under 49 C.F.R. 387.303(b). Such insurance policy shall name BROKER and CARRIER as additional insureds with respect to any and all liabilities for personal injuries (including death) and property damage, including, but not limited to, environmental damage due to the release of any hazardous material or waste, arising out of the ownership, maintenance, use or operation, including, but not limited to, loading and unloading, of the equipment operated by CARRIER under this Agreement. 4. CARRIER shall follow all Bill of Lading notations and procedures applicable to the hazardous materials transported as well as all directions transmitted to it by BROKER.
ALL CARRIERS Must Initial This Page Here___
_____________________________________________________________________________________________ Please check appropriate box: Standard: I am requesting to be set up to haul only standard cargo loads Premier: I am requesting to be set up to haul high‐value loads in addition to standard cargo loads. I have more than $100,000 cargo insurance and have included the additional documents listed on the instructions page. APPENDIX B: HIGH‐VALUE LOADS When a CARRIER transports on behalf of BROKER products that have exceptionally high value and marketability, including, but not limited to, computers and other electronics, cigarettes, jewelry, or pharmaceuticals (i.e., “High‐ Value Cargo”) in truckload quantities, CARRIER shall comply with the requirements set forth below. BROKER, at its sole discretion, reserves the right to make amendments or modifications to these requirements. 1. INSURANCE. In addition to the standard value insurance requirements listed in Section 6.A, carriers who are interested in hauling high‐value loads must have more than $100,000 cargo liability coverage and also include the following documents: a) A certificate of insurance listing all excluded or unapproved commodities or a copy of the policy exclusions (Property Not Covered) and any commodity specific caps. b) A certificate of insurance listing BNSF Logistics, LLC as loss payee to the carrier’s cargo policy with a notice of cancellation according to policy provisions. c) A certificate of insurance or cargo insurance policy that does not state that the policy is for “scheduled” vehicles or “scheduled” drivers. 2. BACKGROUND CHECKS. CARRIER shall perform background checks on all drivers transporting High‐Value Cargo. CARRIER shall not dispatch any drivers to transport High‐Value Cargo who have, or reasonably could have, in their records a “disqualifying criminal offense” as defined and described in 49 C.F.R. §1572.103, the federal regulation which relates to the transportation of hazardous materials. 3. DRIVER INSTRUCTION / CERTIFICATION. CARRIER shall inform drivers of all High‐Value Cargo. CARRIER shall instruct each driver who transports High‐Value Cargo of driver’s responsibility to adhere to the procedures set forth herein. CARRIER shall cause each driver who is transporting High‐Value Cargo to adhere to a checklist, attached to this exhibit as Attachment 1 (“Driver Checklist”) if provided by the dispatcher, acknowledging compliance with the procedures contained in the Driver Checklist. 4. DRIVER DISPATCHING. a) CARRIER shall use team drivers when transporting any cargo that requires rest periods. BROKER may, at its sole discretion, pre‐approve an exception in writing to this requirement. b) Prior to the driver’s arrival at the original location, CARRIER shall cause the driver to inspect each piece of equipment and to ensure that it is roadworthy and in compliance with the law. c) CARRIER shall cause the driver to check and ensure an adequate supply of fuel in the equipment that will be providing the transportation to prevent unnecessary stops to refuel after making the High‐Value Cargo pickup provided that the driver may stop for refueling after making such pickup when the refueling occurs on a secured facility of the CARRIER. d) CARRIER shall attempt to ensure that solo drivers are rested prior to performing any services. e) CARRIER shall confirm, or cause its employees, agents, or authorized representatives to confirm, the identity of the driver(s) picking up cargo on behalf of BROKER. f) CARRIER shall ensure that all trailer doors (or cargo container doors if applicable) are / have been sealed and / or locked by the origin facility vendor before leaving the origin facility property. CARRIER shall cause each driver to witness the trailer / container doors being sealed at origin shipper locations when possible and to always verify that the seal number and loaded trailer / container number is on the bill of lading and matches the actual seal number and trailer / container number. CARRIER shall cause the receiving personnel to compare the actual seal number and the loaded trailer / container number with the seal
ALL CARRIERS Must Initial This Page Here___
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com number and loaded trailer / container number on the bill of lading and confirm the numbers match by signing the bill of lading. All discrepancies must be documented and reported by the CARRIER to the entity having custody and control 0f the trailer / container prior to the CARRIER signing for and accepting the trailer / container. CARRIER must also notify BROKER as soon as possible thereafter of said discrepancies, not to exceed twenty‐four (24) hours from time of discovery. g) CARRIER shall instruct drivers not to speak with any unauthorized person about the specifics of the services, including the load contents, origin, destination or stops, at any time, including upon completion of the services. h) CARRIER shall instruct the drivers not to carry any unauthorized passengers while performing the services. 5. ON‐ROAD ACTIVITY. a) CARRIER shall instruct drivers to stay on main highways and to avoid secondary roads where possible. b) CARRIER shall instruct drivers to be watchful of vehicles following the trailers, and, upon noticing suspicious activity, to notify the nearest law enforcement agency and the dispatcher or security department. c) CARRIER shall instruct drivers not to make any unscheduled stops prior to traveling two hundred (200) miles from the origin pick up. CARRIER shall instruct drivers that deliveries or pickups occurring less than two hundred (200) miles from the origin facility are to be made the first stop. BROKER may, at its sole discretion, pre‐approve an exception in writing to this requirement. d) CARRIER shall ensure that the drivers inform the dispatcher when stopping for food, fuel, rest or repair and provide details as to the location and time of the stop. CARRIER shall ensure that the drivers notify the dispatcher upon their return to the tractor that the drivers and the cargo are secure and are in‐transit. CARRIER shall provide each driver with a password or code to use in the event the driver encounters trouble. e) If section 4(a) of this Appendix B applies to the transportation of cargo, then CARRIER shall ensure that, during a scheduled or unscheduled stop, one member of the driver team stays with the load at all times and CARRIER shall instruct drivers to make written notes of vehicles that are parked next to their vehicle at truck stops. f) CARRIER shall ensure that, if a solo driver must leave a tractor trailer that is hauling cargo, the driver complies with the following procedures: (i) parks the vehicle in a well‐lit area; (ii) keeps the vehicle in sight at all times; (iii) turns off the engine; (iv) locks all doors; (v) removes all keys and keeps such keys in their possession; (vi) inspects the trailer locks upon returning to the tractor trailer, compares the seal numbers to the bill of lading and immediately notifies the dispatcher of any discrepancies. g) CARRIER shall ensure that during a stop for a prolonged period of time, the driver backs the trailer to a wall, pole or any other object that can help prevent persons from opening the rear doors of the trailer. h) CARRIER shall ensure that if a driver is unable to deliver cargo to the recipient listed on the bill of lading, the cargo is stored in a pre‐authorized and secure lot. i) CARRIER shall ensure that the drivers never take cargo to the home of the drivers. j) CARRIER shall ensure that the drivers do not uncouple the tractor and trailer unless CARRIER has either authorized the drivers to make an unplanned repair or the tractor and trailer are in a secured facility of CARRIER. CARRIER shall ensure that if a tractor is uncoupled from the trailer in a location other than a secured facility of CARRIER, the driver uses a securing device, including, but not limited, to a high‐security kingpin lock.
ALL CARRIERS Must Initial This Page Here___
_____________________________________________________________________________________________ ATTACHMENT 1: HIGH‐VALUE LOADS ADDENDUM Acceptance of this load is acceptance of the following Driver Checklist and Special Instructions below. CSR Contact: CSR Phone: BNSF Logistics Load Reference #: Driver Checklist and Special Instructions: Driver(s) has performed and has completed daily condition report for all equipment. Driver(s) has not discussed and will not discuss details of the load with anyone. Driver(s) has fueled before pick‐up. Driver(s) is well rested prior to pick‐up. Driver(s) does acknowledge receipt of a High‐Value security load. Driver(s) witnessed the trailer / container door sealing and / or did verify the seal number as well as the loaded trailer / container number on the Bill of Lading (BOL). Driver(s) and the shipper signed the BOL. Driver(s) agrees to take the following precautions to ensure security of the transported load: Driver(s) will not take the load home. Driver(s) will not make unauthorized stops. Driver(s) will never leave the trailer and / or truck at a truck stop or any unsecured, unauthorized location over the weekend. Driver(s) will stay on major roads and avoid secondary roads where possible. Driver(s) will watch for signs of being followed. Driver(s) will contact their dispatch and local law enforcement agency if they suspect they are being followed. Driver(s) will not stop before traveling two hundred (200) miles from origin, unless at final destination. Driver(s) will communicate the status of their trip to their dispatch every two (2) hours unless otherwise communicated automatically. Driver(s) will avoid rest areas if possible. If team, one driver will always stay with the unit. Driver(s) will notify dispatch if they stop. Driver(s) will make written note of vehicles they are parked next to at truck stops. Driver(s) will keep unit in sight. Driver(s) should never uncouple unit. If necessary for repair, driver(s) will attach a high‐security kingpin lock, if uncoupled. If a stop is necessary, driver(s) will back trailer against a wall or pole to prevent doors from being opened. Driver(s) will stop engine, remove key, lock truck, and keep keys in their possession whenever they need to be away from the vehicle. Driver(s) will survey area around unit before walking away.
This Page is a Sample of What Must Be Agreed to When a Carrier is Tendered a High‐Value Load.
_____________________________________________________________________________________________ Global Headquarters: 1600 Lakeside Pkwy, Ste. 100 • Flower Mound, TX 75028 www.bnsflogistics.com ATTACHMENT 2: QUICK PAY ELECTRONIC FUNDS TRANSFER (EFT) ENROLLMENT FORM ***Fax the EFT enrollment form to 479‐203‐5434*** BNSF Logistics, LLC offers an optional EFT Program that enables all Quick Pay carriers to be paid via EFT. Return this form only if you selected Quick Pay terms and you wish to receive payment via EFT. EFT is only offered to carriers that have signed up for Quick Pay and have a U.S. bank account. How does Quick Pay work? Once an active Quick Pay carrier, carrier submits all necessary paperwork via 1) fax to 937‐526‐3465, 2) email email@example.com or 3) mail to PO Box 176, Versailles, OH 45380. Quick pay cutoff time for receipt of documents is 12:00 pm Eastern time. The BNSF Logistics Load Reference # must appear on each document. Failure to include this information may result in payment delay. All documents must be legible and include signatures, where applicable, and clear of damages / shortages. All supporting documents such as labor receipts must be submitted at the same time. BNSF Logistics reserves the right to require the original bills of lading for payment, as may be required for certain customers. This requirement is identified on the rate confirmation you will receive. Please check your rate confirmation for this requirement. Carrier payment is submitted according to the Quick Pay terms selected, via hard copy check or EFT if enrolled. Signing up for EFT Signing up for EFT will be in effect for ALL shipments hauled for BNSF Logistics. Your first payment may be sent out as a check, depending upon EFT processing time. Please provide either a voided check or fill in the bank routing and account information requested below to receive your payments via direct deposit into the account of your choosing: By executing this agreement, you agree to hold BNSF Logistics harmless from any claims or damages that may arise from payment by BNSF Logistics according to your instructions. You understand and agree that it may take up to ten (10) business days from the execution of the EFT form to begin receiving payment via EFT. Quick Pay terms and this EFT Agreement are null and void if you do not complete all requirements set forth in the Rate Confirmation. Either party may cancel this Agreement with five (5) days’ written notice. Carrier Name: ____________________________________Officer Signature __________________________________ MC#/DOT# ______________________________________Print Name: ______________________________________ Telephone #: _____________________________________Title ____________________________________________ Federal ID# ______________________________________Date: ___________________________________________