Autumn Transport, Inc

REDD · Sep 19, 2010

I see there are a few threads here about Autumn Transport, but no real information.

I'm thinking about their Hopper & Pneumatic division. Does anyone have any true insight on them?

http://www.autumngrain.com/Drivers/index.cfm

REDD · Sep 19, 2010

While I'm waiting...... I took it upon myself & sent their recruiter Greg a email asking several questions that I thought were important. These questions are highlighted below. When & if I get a reply from them, I will post their answers.

Good Morning Greg!

I may be interested in joining the Autumn Transport team running in either your Hopper or Pneumatics division. Although your advertisement shows that your not hiring Pneumatics in my state, I believe that I may be an exception since I live 1 mile from the Tennessee state line & 1.5 miles from I-24.

Before I just jump & run from the carrier I'm pulling a flatbed for, I thought I should ask you some questions. A prompt reply isn't necessary, but would be appreciated.

What is the average annual compensation your leased owner operators can expect?

Will I be required to load/unload?

What is the cost of the PTO that will need to be installed on my tractor for the Pneumatic division? The top of my fifth wheel is currently 45.5 inches off the ground, but raising it to the 50" mininum won't be an issue!

Do you have forced dispatch?

What is your policy on riders?

How will I receive my pay?

Will I receive advances on loads?

Is an escrow, security deposit, performance bond, or any type of money held back by the company?

Does the company pay for layovers? Detention? Canceled loads? Tolls? Permits and license? Physicals and drug tests? Scale tickets? Over-weight tickets? Prepass?

What is your current fuel surcharge as of today's date? Is that amounted added into the quoted mileage rate average? Or additional?

What insurance will I be required to purchase and maintain?

Is there a fleet average of miles run per week? If so, what is the average?

How many days/weeks will I be kept out?

What is the policy on home time?

What is the company policy on check calls?

Does the company charge for trailer rental?

What is the company's turnover percentage?

Does the company offer any discounts to leased owner operators on various items that are essential to their trucking operation?

Am I required to attend orientation?

Do you have a sign-on bonus?

Will you fax me a copy of your lease to review before I make my decision?

Which fuel card network do you use?
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jellybean · Sep 19, 2010

redd i can help you with a few of those questions i talk to a few of their drivers i frequently see at a shipper we both haul out of. (the drivers i see there are pulling pneumatics and hauling lime)

they all seem to agree that the pneumatic division is the best (again but these guys are all pulling pneumatics so maybe take that with a grain of salt) they say that the hoppers run mostly northeast and they do not haul any grain they have about 40 pneumatic tankers. they do a lot of deadheading i see them in baltimore and they are usually deadheading 2-300 miles sometimes more. They all seem to be satisfied ive met about a dozen and none of them have been disgruntled. They all lived in ohio, michigan or minnesota.

Ptos/blowers can be difficult to install on trucks that have duel exhaust/2 mufflers. One of the autumn drivers i see frequently has a w900 and he installed 8in stacks with mufflers inside them so could remove the mufflers from underneath his truck to run the carrier shaft for the pto. Ra ross and associates out of ohio are very knowledgeable about blowers/pump they have a website. I hope this helps redd and best of luck to you for whatever decision you make. Be safe out there!

REDD · Sep 20, 2010

It looks like Autumn won't be for me. I got the answers to those questions above. Everything looks good except for one statement. I don't want to run Canada.

What is the average annual compensation your leased owner operators can expect? Based on 50 weeks of work, Approx. $195,000.00

Will I be required to load/unload? No load, Yes unload

What is the cost of the PTO that will need to be installed on my tractor for the Pneumatic division? The top of my fifth wheel is currently 45.5 inches off the ground, but raising it to the 50" mininum won't be an issue! Approx. $3,900.00 to be deducted at $200.00 per week until paid 0% interest

Do you have forced dispatch? Pre-planned, so at time it could feel like forced, and yes everyone is required to go to Canada.

What is your policy on riders? One rider at a time must be at least ten years old.

How will I receive my pay? Direct deposit weekly(there is a two week hold back to start.)

Will I receive advances on loads? Yes as needed

Is an escrow, security deposit, performance bond, or any type of money held back by the company? There is a $2,000.00 escrow.

Does the company pay for layovers? Detention? Canceled loads? Tolls? Permits and license? Physicals and drug tests? Scale tickets? Over-weight tickets? Prepass? Scales are handled by each customer as you go in and out, no charge. Permit free, you pay for license, tolls over-weights, and a one time drug consortium fee $45.00, and physicals. Layovers, detention, and truck ordered not used are paid on a case by case basis.

What is your current fuel surcharge as of today's date? Is that amounted added into the quoted mileage rate average? Or additional?

Current rate is 25.5%

What insurance will I be required to purchase and maintain? Collision and Bob Tail

Is there a fleet average of miles run per week? If so, what is the average? Approx. 2,700 miles per week.

How many days/weeks will I be kept out? 2-3 weeks

What is the policy on home time? Up to you when you get home.

What is the company policy on check calls? 2 per day, morning and afternoon.

Does the company charge for trailer rental? No charge

What is the companys turnover percentage? Pneumatics at 38 %

Does the company offer any discounts to leased owner operators on various items that are essential to their trucking operation? no

Am I required to attend orientation? Yes

Do you have a sign-on bonus? Not at this time

Will you fax me a copy of your lease to review before I make my decision? I will attach a copy to this E mail

Which fuel card network do you use? T-Check
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REDD · Sep 20, 2010

He also sent me a copy of their lease agreement. Although I couldn't figure out how to attatch the doc file here. So I copied the text & will paste it here for others to reference.

AUTUMN TRANSPORT, INC.

INDEPENDENT CONTRACTOR LEASE AGREEMENT

THIS AGREEMENT made September 13, 2010 between Autumn Transport, Inc., a Minnesota corporation (the Carrier) having its offices at 6550 Courtly Road, Woodbury, MN 55125. Contractor), _____________,SS#__________ , 1463 HOGAN RD. WEBSTER, NY 14580

WITNESSETH that,

WHEREAS, the CARRIER, an Interstate and Intrastate For-Hire Common and Contract Motor Carrier, wishes to obtain transportation with equipment it does not own through an agreement with CONTRACTOR: and

WHEREAS, the CONTRACTOR is the owner or lessee of the tractor equipment described in the attached Addendum 1 (Equipment) which is suitable for the transportation of property in CARRIERS business; and

WHEREAS, the CONTRACTOR is engaged in the business of transporting freight by motor vehicle on behalf of and pursuant to operating agreements with private or common and contract carriers or shippers,

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein, the parties mutually agree as follows:

The CONTRACTOR agrees to furnish and operate the above described Equipment together with drivers and all other necessary labor and to transport, load and unload on behalf of the CARRIER such commodities as the CARRIER may from time to time make available to the CONTRACTOR. The CARRIER agrees to make commodities available from time to time for transportation by the CONTRACTOR under the terms of this Contract, although this shall not be construed as an agreement by the CARRIER to furnish any specific number of loads or pounds of freight for transportation by the CONTRACTOR at any particular time or any particular place.

For the full and proper performance of each trip made by the CONTRACTOR under the terms of this contract, the CARRIER agrees to pay the amount agreed to between CARRIER and CONTRACTOR and specifically provided for on the attached Schedule 1. CONTRACTOR hereby authorizes the deductions set forth in Schedule 2 and those deductions identified and referenced elsewhere in this Agreement.

This contract is intended by the parties to create the relationship of INDEPENDENT CONTRACTOR and not to employer/employee, master/servant, lessee/lessor, partners or joint ventures. Neither CONTRACTOR nor his employees, agent or servants are to be considered employees of CARRIER at any time, under any circumstances or for any purpose. It is agreed by the parties hereto that CONTRACTOR assumes full and complete responsibility for all employees employed by him in the performance of all duties and obligations under this contract.

SPECIAL TERMS AND CONDITIONS

The CARRIER shall settle with CONTRACTOR within 15 days of the submission by the CONTRACTOR to the CARRIER those documents showing full and proper performance of the terms of this contract. The required documents shall include logs, monthly maintenance forms for the tractor and trailer, fuel receipts or copies there of, and such other documents as may be required by the rules and regulations of the Department of Transportation, and such documentation necessary for the CARRIER to secure payment for delivery from the shipper and or consignee such as delivery receipts, scale/weight tickets and bills of lading. Unless otherwise specified in Schedule 1, PC Miler Practical Routes Guide will be used to compute mileage. Copies of bills of lading will be provided when requested with reasonable notice as required by 49 CFR 376.12(g).

In any case where the CONTRACTOR has secured an advance of any kind from the CARRIER or if there shall be any other amounts due to the CARRIER from the CONTRACTOR or CONTRACTORS authorized agents or employees, the CARRIER shall be authorized to deduct such amounts due from the CONTRACTOR as set forth in the Contract or as otherwise set forth in the attached Schedule 2. In addition, the CARRIER shall have a period of forty-five (45) days after termination of this contract to verify the account of the CONTRACTOR as to the money owed the CONTRACTOR and to make appropriate deductions before final settlement. Further, CONTRACTOR must have returned to CARRIER all items provided by CARRIER to CONTRACTOR under paragraph 4 and 15 of this contract prior to any final settlement.

The CONTRACTOR recognizes that CARRIERS business of providing motor carrier transportation services to the public is subject to regulation by the federal government and that the form of this contract is governed by 49 CFR part 376, and by various state governments. The CONTRACTOR shall have the responsibility to the CARRIER and provide verification when requested of satisfying the following regulatory requirements:

A. Maintaining the Equipment in the state of repair required by applicable regulations and completing company monthly maintenance reports that are due by the 15th of the following month stating repairs and maintenance performed.

B. Operating the Equipment in accordance with all applicable regulations;

C. Operating the Equipment with only such drivers who have been verified by the CARRIER as being qualified under the applicable regulations; CARRIER may immediately terminate this Contract with CONTRACTOR if a violation occurs;

D. Pursuant to prohibitions under governmental regulations CONTRACTOR
agrees not to transport or allow to be transported any unauthorized person or persons in the Equipment while in operation in the performance of this Contract. CARRIER may immediately terminate this Contract with CONTRACTOR if violation occurs.

E. Furnishing the CARRIER with the exclusive possession, control, and use of the equipment for the duration of the contract to the extent necessary to allow the CARRIER to fulfill all applicable regulations as required by 49 CFR Sec. 376.12(c). However, nothing herein shall vest in CARRIER any control over the Equipment or drivers beyond that which is required to comply with the aforesaid regulations. Although CARRIER is subject to such regulations in connection with CONTRACTORS operations conducted under CARRIERS operating authority, CONTRACTOR represents it is familiar with such regulations, shall comply with them, and shall indemnify CARRIER for damages caused by CONTRACTORS violations thereof.

F. Removing from CONTRACTORS vehicle any and all identification and documentation pertaining to CARRIER if during the term of the Agreement, CONTRACTOR using this vehicle provides service for another CARRIER.

G. Doing all other things necessary to conduct the transportation services provided in this contract in accord with all applicable regulations.

The CONTRACTOR or its subcontractors shall determine the means and methods of the performance of all transportation services undertaken by the CONTRACTOR under the terms of this contract.

The CONTRACTOR or its subcontractors have and shall retain all responsibility including reporting and financial responsibility for:

A. Hiring, setting the wages, hours and working conditions and adjusting the grievances of, supervising, training, disciplining and firing all drivers, drivers helpers and other workers necessary for the performance of the CONTRACTORS obligations under the terms of this contract. All drivers, drivers helpers and other workers are and shall remain the employees of CONTRACTOR or its subcontractors;

B. Maintaining in force at all times proper Workers Compensation insurance coverage covering all drivers, drivers helpers and other workers used by it in the performance of this Contract;

C. Filing all Federal, state and local income, withholding, and employment and Federal highway use tax forms and returns, which may be required by law to file, on account of itself and all drivers, drivers helpers and other workers used by it in the performance of this Contract at the time and place which may be specified in the applicable federal, state and local laws, and to pay when due all taxes and contributions reported in such forms and returns;

D. Selecting, purchasing, financing, and maintaining the equipment;

E. Paying all operating expenses and repairs to the Equipment, taxes, fines which are a result of the acts or omission on the CONTRACTOR for parking, moving or weight violations, licenses, permits, sales taxes or any other levies or assessments based upon the operating authority of CARRIER and its connecting carriers with the exception, and subject in each case only to any regulatory requirements which may be placed on CARRIER by various governmental agencies under 49 CFR Sec. 376.12(e) and on the CONTRACTOR by paragraph 5 of this contract;

F. Paying for the vehicle base plate license issued in CARRIERS name. CONTRACTOR shall be entitled to receive a refund for any unused portion only for which CARRIER has actually received a refund or a credit as described more fully in Schedule 2;

G. Selecting all routes, except where special permits require governmental designated routes and/or where customer designates routes;

H. Furnishing CARRIER with such evidence of compliance with the foregoing and CONTRACTOR further agrees to save and hold harmless the CARRIER from any claim by drivers, drivers helpers, passengers, and other workers used by the CONTRACTOR, or by any federal, state or local governmental agency on account of withholding and employment taxes, or any other actions arising from the CONTRACTORS relationship with its employees;

I. Providing CARRIER with proof, as required by CFR Parts 383, 391, and 392, that all of CONTRACTORS drivers have met the criteria of federal and state regulations dealing with driver qualifications (Proof shall be in the form of a copy of: (1) the drivers license and an abstract of violations; (2) physical examination report including Drug/Alcohol Test results if taken; (3) certificate of road test and (4) drivers qualification and identification certificate.) This required information shall be updated when any change occurs such as violations of loss of license subsequent to the date of this agreement;

J. Exercising all diligent efforts to conduct the operations under this Agreement in such a manner as to assure continued customer satisfaction and specifically by (1) completing deliveries on time, (2) loading and unloading at times requested by the shipper, (3) delivering at the correct location, (4) being courteous to shipper and consignee;

K. Qualify Equipment and drivers under CARRIERS Insurers requirements;

L. Keeping a certificate in permit book in CONTRACTORS Equipment which identifies this Contract for the purpose of state or federal enforcement agencies.

DRUG/ALCOHOL TESTING All drivers must be subjected to U. S. Department of Transportation drug/alcohol testing to qualify to operate the vehicles. Testing shall include all tests required by State and Federal Rules and Regulations, i.e., random, post accident, reasonable suspicion, pre-employment, return to duty, and follow-up. CONTRACTOR shall be responsible to assure that each driver is qualified through the U.S. Drug/Alcohol Testing requirements as administered by the CARRIER. Costs for testing incurred by the CARRIER may be assessed to CONTRACTOR. Any driver who is disqualified due to failure of testing or refusal of the test is no longer qualified under paragraph 7.I and cannot operate equipment under this Agreement.

THE CONTRACTOR EXPRESSLY WAIVES ANY CLAIM, DEMAND, ACTION, OR CAUSE OF ACTION AGAINST CARRIER AS A RESULT OF THE DEATH OR INJURY OF CONTRACTOR OR CONTRACTORS EMPLOYEES IN CONNECTION WITH THE PERFORMANCE OF CONTRACTOR OR THE CONTRACT AND FURTHER AGREES TO HOLD CARRIER HARMLESS AND INDEMNIFY CARRIER FROM SUCH CLAIMS.

The CARRIER shall not assume any liability for the CONTRACTOR when not in the performance of a service for the CARRIER. The CONTRACTOR agrees, at its own expense, to keep effective during the entire term of the Contract a Non-Trucking policy of insurance which includes bobtail liability coverage, insuring the CARRIER and the CONTRACTOR as named insured against such liability in such form and amount and with such insurance companies as shall be required and approved by the CARRIER. A copy of any such insurance policy shall have a minimum Limit of Liability of Combined Single Limit per occurrence as concerns all Equipment hereunder when not used in performing a service for CARRIER under this Contract as set forth in Schedule 2.

Any collision, physical damage, or comprehensive insurance on the Equipment furnished by the CONTRACTOR shall be the sole responsibility of the CONTRACTOR. The CARRIER shall in no way be liable for any damage which may occur to the Equipment of the CONTRACTOR.

Pursuant to governmental rules and regulations, the CARRIER shall maintain in force public liability, property damage and cargo insurance coverage as concerns shippers and the general public; however, the CONTRACTOR shall indemnify and be liable to CARRIER for any loss or damage to third persons or property, including any equipment of CARRIER, which results from the operations of CONTRACTOR, its agents or employees and shall reimburse CARRIER for the costs of public liability, property damage and cargo insurance as more fully described in Schedule 2. In addition, CONTRACTOR shall be responsible and liable to CARRIER and agrees to pay for shortage of, loss of, or damage to cargo transported by CONTRACTOR in the event that such shortage, loss or damage is caused directly or indirectly by the operation of CONTRACTOR or its employees or agents. Such monies shall be deducted from any monies due CONTRACTOR under this contract with an itemization and a written explanation for each deduction. CONTRACTORS liability per occurrence for each type of claim arising out of accident or loss as set forth above shall not exceed the amounts set forth in Schedule 2, with the exception that in the event of gross negligence or willful misconduct of the CONTRACTOR, its employees, agents, or servants, then liability shall have no limit.

If CONTRACTOR purchases any insurance from or through CARRIER, the CONTRACTOR shall be provided a certificate of insurance for each such policy as required by 49 CFR Sec. 376.12 (J.)(2.).

To insure compliance with governmental rules and regulations, the CONTRACTOR shall immediately report any and all accidents/incidents to CARRIER irrespective of the amount of apparent damage caused by said accident/incident. The CONTRACTOR further agrees to complete, or have completed, a written report on any and all accidents on such form as provided by CARRIER or the insurer of CARRIER.

If any Equipment is furnished by the CARRIER to the CONTRACTOR for use in the performance of this contract, the CONTRACTOR shall return such equipment to the CARRIER in the same condition as when received by the CONTRACTOR, reasonable wear and tear excepted. CONTRACTOR is not required to purchase or rent any products, equipment, or services from CARRIER as a condition of entering into the Contract.

CARRIER agrees to furnish identification for the equipment. CONTRACTOR agrees to permit CARRIER to identify the Equipment and display such identification thereon in the manner required by all applicable laws or regulations. Immediately upon the cancellation or termination of this contract by either party,

CONTRACTOR shall remove from said Equipment all signs or other identification referring to CARRIER and shall also immediately surrender to CARRIER all shipping documents, licenses, plates, permits, stickers, operating authorities, equipment and any and all other materials and things furnished or rented to CONTRACTOR by CARRIER or issued in CARRIERS name.
CONTRACTOR shall permit and allow CARRIER to display such advertising as may be desired or directed by CARRIER in the performance of CONTRACTORS function and operation. Removal of all such advertising shall be by and at the expense of CONTRACTOR at the termination of this Agreement.

If, for any reason, CONTRACTOR shall fail to complete transportation of commodities in transit, or abandons a shipment or otherwise subjects CARRIER to liabilities to shippers or governmental agencies on account of the acts or omissions of CONTRACTOR en route, CONTRACTOR expressly agrees that CARRIER shall have the right to complete performance using the same or other equipment, and hold CONTRACTOR liable for the cost thereof and for any other damages. CONTRACTOR hereby waives any defense against CARRIER for such action and agrees to reimburse CARRIER for any costs and expenses arising out of such completion or such trip, and to pay CARRIER any damages for which CARRIER may be liable to shipper arising out of such breach of contract by CONTRACTOR.

Payments made beyond those set forth in Schedule 1 shall be determined on a case by case basis. Any payments made by the CARRIER to the CONTRACTOR for services and equipment beyond the payment schedule set forth in Schedule 1 shall not be construed to create any additional liabilities by the CARRIER for similar services or equipment provided by the CONTRACTOR at a different time wither previous to or subsequent to the service or equipment provided wherein payment was made.

In the event either party commits a material breach of any term of this Contract, the other party shall have the right to terminate this Contract immediately and hold the party committing the breach liable for damages.

This Contract constitutes the entire agreement and understanding between the parties and shall not be modified, altered, changed or amended in any respect unless in writing and signed by both parties.

Neither of the parties herein are considered an agent of the other, and neither party has the right to bind the other by contract (oral or written, expressed or implied) or otherwise, except as herein specifically provided.

This agreement shall be governed, construed, and interpreted exclusively in accordance with the laws of the State of Minnesota, applicable to transactions wholly performed within such state and without regard to choice of law provisions. Any proceeding suit or action, whether at law or equity concerning, arising out of or in any way connected to this Agreement shall be brought in the District Courts of Washington County, Minnesota and such jurisdiction and venue, subject to the next sentence, shall be exclusive; both parties hereby submit to the personal jurisdiction of such Court.

This Contract shall remain in effect from the day and date first above written and shall remain in effect for a period of one (1) year from such date, and shall automatically renew from year to year thereafter. This Agreement may be cancelled, with or without cause, by either party at any time by written notice to the other; provided, however, that CONTRACTOR may not terminate this Agreement until CONTRACTOR has completed any unfinished trip CONTRACTOR has undertaken at the time, unless authorized to do so by CARRIER.

Notices shall be effective if in writing and sent by Fax, Registered or Certified Mail, telegram or cable addressed to the other party at the address stated in this Agreement or as changed by written notice.

IN WITNESS WHEREOF, the parties have executed this Contract on this 13TH DAY OF September, 2010 and said Contract shall be considered binding upon both parties and shall remain in force and effect unless and until canceled according to the terms of the Contract.

CARRIER CONTRACTOR

Gregg E. Martin ___________________

ADDENDUM 1

CERTIFICATE OF EQUIPMENT

This is to certify that the following described equipment:

TRACTOR: Unit No.:0904 Make: FRHT Year: 1994

Serial No.: 2FUYDXYB5RA416755

License: State: MN

OWNED BY: ______________

Address: 1463 HOGAN RD. WEBSTER, NY 14580
Is being operated in the service of CARRIER under this contracted dated 09/13/10 for a period of time beginning this date and continuing thereafter until canceled.

This certificate shall be considered as valid and in force and effect so long as it is in the possession of said owner, his agent, servant and employee unless notice of cancellation hereof has been filed with the State Board, Commission or official (or Governor if there is no such Board, Commission or official) having jurisdiction over the business or transportation by motor vehicle of each state in which CARRIER is authorized to transport, and any and all commodities the transportation of which require no such authority.

The original of the Contract dated is kept at the office of the CARRIER.

CARRIER CONTRACTOR

Gregg E. Martin ____________________________
Dated 09/13/10 Dated 09/13/10

ADDENDUM 2

EQUIPMENT TO BE PROVIDED BY CONTRACTOR

TRACTOR: Unit No.:0904 Make: FRHTYear: 1994

Serial No.: 2FUYDXYB5RA416755

License No. State: MN

ACCESSORIAL EQUIPMENT: CRANK HANDLE AND VIBRATOR

EXHIBIT A-1 RECIEPT FOR EQUIPMENT BY CARRIER

Autumn Transport, Inc., CARRIER, hereby acknowledges receipt of the equipment under lease described above on 09/13/10in the city of Woodbury, State of Minnesota.
CARRIER:

Gregg E. Martin

EXHIBIT A-2 RECIEPT FOR EQUIPMENT BY CONTRACTOR

______________hereby acknowledges return of Equipment, described above on

09/13/10 in the City of Woodbury, State of MN .

CONTRACTOR:

_______________________

SCHEDULE 1

CONTRACTORS COMPENSATION

In accordance with Paragraph 2 of the Contract Hauling Agreement dated 09/13/10
CARRIER and CONTRACTOR agree that this Contract Hauling Agreement is a:
⊠ Percentage Agreement

CARRIER SHALL PAY CONTRACTOR:

1. Seventy-five percent (75%) for all dispatched miles for the transportation of regulated freight within the scope of its authorities; when pulling CARRIERS Hopper trailers.

2. Seventy-five percent (75%) for all dispatched miles for the transportation of exempt agricultural commodities and transportation of regulated freight under trip lease to other authorized carriers; when pulling CARRIERS Hopper trailers.

3. Seventy percent (70%) for all dispatched miles for the transportation of regulated freight within the scope of its authorities; when pulling CARRIERS Auger or End Dump trailers.

4. Seventy percent (70%) for all dispatched miles for the transportation of exempt agricultural commodities and transportation of regulated freight under trip lease to other authorized carriers; when pulling CARRIERS Auger or End Dump trailers.

5. Sixty-five percent (65%) for all dispatched miles for the transportation of regulated freight within the scope of its authorities; when pulling CARRIERS Liquid Tank trailers.

6. Sixty-five percent (65%) for all dispatched miles for the transportation of exempt agricultural commodities and transportation of regulated freight under trip lease to other authorized carriers; when pulling CARRIERS Liquid Tank trailers.

7. Sixty-five percent (65%) for all dispatched miles for the transportation of regulated freight within the scope of its authorities; when pulling CARRIERS Pneumatic trailers.

8. Sixty-five percent (65%) for all dispatched miles for the transportation of exempt agricultural commodities and transportation of regulated freight under trip lease to other authorized carriers; when pullingCARRIERS Pneumatic trailers.

9. Eighty percent (80%) of the gross revenue on transportation of regulated freight within the scope of its authorities; when pulling Van Hoven Trailers.

Provided, further, that this computational formula is subject to charges mandated by the OMC such as requiring certain surcharges to be passed through in their entirety to independent CONTRACTORS. CARRIER will make every reasonable attempt to give CONTRACTOR as much notice as possible of any such charges.

CARRIER CONTRACTOR

Gregg E. Martin ___________________________

SCHEDULE 2

CARRIERS AUTHORIZED DEDUCTIONS

1. CARRIER and CONTRACTOR agree CARRIER shall have authority to deduct from settlement with CONTRACTOR, the following items:
A. Any advance or loans of any kind made to CARRIER to CONTRACTOR, CONTRACTORS drivers or agents. Reimbursements made on an installment basis for advances made to CONTRACTOR by CARRIER for repairs to CONTRACTORS Equipment shall be subject to a $5.00 handling charge per installment.

B. Any amount due CARRIER by CONTRACTOR by reason of CONTRACTORS failure to make proper collection of C.O.D or collect shipments.

C. Minimum Limit of Liability for Combined Single Limit under paragraph 10 of $1,000,000.00

D. Payments for any loss or damage to third persons as provided for in paragraph 11 of this Contract up to $1,000.00.

E. Payments for any loss or damage to property as provided for in paragraph 11 of this Contract up to $1,000.00 per incident.

F. Payments for damage to or loss of cargo as provided for in paragraph 11 of this Contract up to $1,000.00 per incident.

G. Payment for loses or costs incurred by CARRIER as a result of loss of or damage to its equipment, as provided for in paragraph 11 of this Contract up to $2,500.00.

H. Payment for a liability loss to CARRIER where no insurance deductible applies as a result of loss or damage to third persons; $500.00 will be deducted and applied to additional safety training.

I. Fines or other charges as posted at the terminal for violations of log reports or mileage reports.

____ J. CONTRACTOR shall be charged $1.00 per mile for recovery of equipment owned
Intial by and/or under permanent lease to CARRIER when left at an unauthorized destination or drop.

K. Unless CONTRACTOR provides items listed below, CARRIER may initially pay for and later charge back to the CONTRACTOR and/or deduct from the CONTRACTORS settlement, and/or reserve funds immediately at time of settlement, any of the following including but not limited to; PTO installations, license registration fees, mud flaps, fuses, reflectors, lights, light bulbs, citations, outside services, repairs, cash advances, cargo claims, accident claims, mileage and/or fuel taxes, insurance, tires, telephone, towing charges, express mailings, inspections, and any other equipment or repairs for CONTRACTORS
Equipment.

L. CONTRACTOR shall pay all base plate fees which include amounts paid to the State of Minnesota and all other amounts paid to other member prorate jurisdictions. Base prorate license fees shall be charged at the beginning of the registration year. When date of contract is after the first month of registration year, fees shall be charged from the first day of the month in which contract is in force. Upon termination of the contract, a refund to CONTRACTOR of the unused portion of transferable registration fees shall be made for the amount of credit or refund CARRIER actually receives from the state effective as of the date the plate if transferred to a new operator.

M. CARRIER shall deduct any fuel purchases including any service charges made by CONTRACTOR, CONTRACTORS drivers or agents at any of CARRIERS terminals or through any CARRIER approved fuel purchase program.

N. CARRIER shall deduct premiums and service fees for physical damage, business liability insurance, workers; compensation and any other insurance required by CARRIER and purchased by CONTRACTOR through CARRIER for which CARRIER shall furnish CONTRACTOR copies of such policies as requested by CONTRACTOR.
O. CONTRACTOR shall pay $30.00 per year for random drug screens. This amount will be deducted from CONTRACTORS settlements at CARRIERS convenience.

P. Fuel and mileage taxes for each CONTRACTOR are calculated by CARRIER and paid quarterly by CONTRACTOR by deduction from settlement.

Q. If CARRIER escrows truck payments for CONTRACTOR (at CONTRACTORS request), CONTRACTOR shall be charged a handling fee of $5.00 per payment.

_____R. CONTRACTOR understands and agrees that CARRIER has undergone Initial significant expense in preparation for CONTRACTOR to begin hauling services for CARRIER as and independent contractor. CONTRACTOR accordingly agrees that in the event CONTRACTOR terminates the Agreement between CONTRACTOR and CARRIER prior to 180 days from date of the Agreement, or original hire date, CONTRACTOR agrees to pay the CARRIER, upon demand or as a deduction from any final amounts owed by CARRIER TO CONTRACTOR, as liquidated damages, and not as a penalty, in satisfaction of the claims of CARRIER for the expenses of adding CONTRACTOR as an independent contractor into CARRIERS fleet, the sum of two thousand dollars ($2,000.00). It is agreed that this provision for liquidated damages is fair and equitable and the amount set forth above is reasonable under the circumstances.

S. If CARRIER is successful in recovering on a claim against CONTRACTOR in a court of law, CARRIER shall be entitled to recover all of its costs incurred in collecting its claim, including but not limited to, attorneys fee, and interest from the date of termination.

T. CONTRACTOR agrees to pay CARRIER $50.00 per load for paperwork reconstruction on loads not turned in within 15 days from the date of delivery. CONTRACTOR also agrees that no settlement will be issued for any loads that are not accompanied by the proper paperwork as required by the CARRIER.

CARRIER CONTRACTOR
Gregg E. Martin ___________________________

ADDENDUM 3

RESERVE FUND ACCOUNT

CONTRACTOR and CARRIER agree to the establishment of a Reserve Fund Account under the following terms and conditions:
CONTRACTOR shall make a Two Thousand Dollar ($2,000.00) deposit with the CARRIER in order to insure financial performance under this lease agreement and to cover the regular operating expenses specified under Schedule 2 of the Independent Contractor Lease Agreement between the parties. This deposit will be created by a weekly deduction by CARRIER from CONTRACTORS settlements in the amount of One Hundred Dollars ($100.00) until such time as CONTRACTOR has Two Thousand Dollars ($2,000.00) on deposit with CARRIER. Once the account reaches the prescribed deposit amount of Two Thousand Dollars ($2,000.00), any excess monies collected in excess of Two Thousand Dollars ($2,000.00) will be paid to the CONTRACTOR at CONTRACTORS next regular settlement and deductions which would draw the reserve account below Two Thousand Dollars ($2,000.00) will be charged directly to earnings of CONTRACTOR.
The CONTRACTOR shall receive an accounting for transactions involving the Reserve Fund on a monthly basis. CONTRACTOR shall also have the right to an accounting for transactions involving the Reserve Fund at any time. CARRIER shall pay interest to the CONTRACTOR on a quarterly basis. For purposes of calculating the balance of the Reserve Fund on which interest must be paid, the CARRIER may deduct a sum equal to the average advance made to the CONTRACTOR during the period of time for which interest is paid. The interest rate shall be established commencing as of the first date monies are paid into the Reserve Fund. The interest rate will be equal to the average yield or equivalent Coupon issue yield on 91 day, 13 week treasury bills as established in the weekly auction by the Department of Treasury.
The Reserve Fund shall be returned to the CONTRACTOR by the CARRIER within forty-five (45) days of the termination of this lease accompanied by a final accounting to the CONTRACTOR of all final deductions made to the Reserve Fund.

CARRIER CONTRACTOR

Gregg E. Martin ___________________________

ADDENDUM 4

ACCESSORY EQUIPMENT

This Accessory Equipment Addendum to the Independent Contractor Lease Agreement (Agreement) entered into between Autumn Transport, Inc. (CARRIER) and
is entered into _09/13/10_.

RECITALS

WHEREAS, CARRIER and CONTRACTOR have entered into an Agreement whereby the CONTRACTOR is supplying to CARRIER certain Equipment identified in Addendum 1 to the Agreement for use in CARRIERS transportation business; and
WHEREAS, CONTRACTOR, in order to be able to perform transportation services for CARRIER may, from time-to-time, require the installation of certain CARRIER owned Accessorial Equipment to the equipment identified in Addendum 1 to the Agreement and;
WHEREAS, CARRIER and CONTRACTOR desire to set forth with particularity the rights and responsibilities of both parties relative to said Accessorial Equipment,
NOW, THEREFORE, the parties agree as follows:

AGREEMENT

1. The CARRIER and CONTRACTOR mutually agree on the installation of such
Accessorial Equipment. The term Accessorial Equipment shall mean any equipment
identified by CARRIER to CONTRACTOR, in writing, as Accessorial Equipment and
shall include;
Serial #:
Value at Installation:

2. CONTRACTOR agrees to keep all Accessorial Equipment in good repair and working
order at CONTRACTORS cost and expense. CONTRACTOR further agrees not to
make any alterations, additions or improvements to the Accessorial Equipment without
the prior written approval of CARRIER. Until such date as the Accessorial Equipment is
physically surrendered to CARRIER, the CONTRACTOR assumes all risk of loss or
damage to the Accessorial Equipment from every cause whatsoever. If any
Accessorial Equipment is damaged, CONTRACTOR shall place such Accessorial
Equipment in good repair and working order to the satisfaction of CARRIER.
3. CONTRACTOR agrees that within five (5) days of termination of the Agreement,
CONTRACTOR shall make available to CARRIER any Accessorial Equipment for
removal from CONTRACTORS Equipment. CARRIER shall have the following
remedies for CONTRACTORS failure to timely return Accessorial Equipment:
A. take possession of the Accessorial Equipment and remove the same from any
Equipment without notice or demand;

B. declare the present value of the Accessorial Equipment at an amount equal to its value at installation (as set forth herein) less a 10% discount in value for each full
year the Accessorial Equipment was in the possession of CONTRACTOR and
deduct said present value from any amounts due CONTRACTOR;

C. assert and pursue any other remedies available to CARRIER under law.

CARRIER CONTRACTOR

Gregg E. Martin __________________________

ADDENDUM 5

MISCELLANEOUS DEDUCTIONS

Optional Items to purchase through settlement deduction at Autumn: Unit# 0904

Autumn Transport reserves the right to change the weekly deduction as set forth below. The deduction amount listed is to make you aware of the potential costs and what may be deducted from your weekly settlement. Weekly deductions for PTO installs are approximate, and will range from $150.00 to $500.00 per settlement and will be at the discretion of Autumn Transport.

1. Insurance

_____ Physical Damage($2.66 per 1000)

The amount of $_20.00_will be deducted from your settlement on the 1st and 3rd weeks of the month (unless it is a 5 week month, then it will deduct on the 1st and 4th week of the month)

_____ Deductible Buydown(reduces $4500 total deductible to $500)

The amount of $ 27.00 will be deducted from your settlement the last week of every month.

_____ Non-Trucking Liability

The amount of $31.00 will be deducted from your settlement the last week of every month.

2. License Plate

_____ The full purchase price of Autumns license plate is $2000. per year. You
are leasing on in the month of SEPTEMBER, 2010 and therefore you will be charged the pro-rated amount of $ 1300.00 (approx) . You will have a weekly deduction of approximately $ 90.00 until the plate is fully paid.

3. Special Equipment
_____ END DUMP ONLY A Wet Kit was installed at WINDY HILL REPAIRthe amount of Approx. $4,000.00 You will have a weekly deduction of approximately $200.00 per week or more until paid.
_____ PNEUMATIC TANK ONLY A PTO was installed at WINDY HILL REPAIR in the amount of Approx. $3,900.00. You will have a weekly deduction of approximately $200.00 per week or more until paid.

_____ LIQUID TANK ONLY A hydraulic PTO kit was installed at Windy Hill Repair in the amount of Approx. $ 3,100.00. You will have a weekly deduction of approximately $200.00 per week or more until paid.

_____ HOPPER ONLY A deduction of $60.00 will be made when a
Grain shovel, broom, and rubber mallet are issued.

4. PrePass Transponder

_____ A one-time deduction of $100 will be made from your first settlement should you decide to use a PrePass transponder. A recurring monthly fee of $15.51 will be deducted from your settlement for unlimited use of the transponder unit.

Items that are required for deduction:

1. Escrow

_____ Autumn escrows a $2000 interest bearing Reserve Fund account that is
deducted at $100 per week for 20 weeks until satisfied.

2. Drug screening costs

_____ Pre-employment drug screen collection fees are passed on
directly to you and the cost is dependent on the clinic that you go to.

_____ You are subject to participate in a random drug pool. The annual cost of
this is $30 and is charged on your first settlement and then again in
January of subsequent years.

3. Fuel Tax

_____ Autumn will calculate and file your quarterly mileage fuel tax. You will be
charged on your settlement quarterly as well.

4. Sign-On Bonus

_____ You will be receiving a sign-on bonus for $ 2,000.00 which will be APPLIED TO YOUR WET LINE INSTALL. Should you terminate your lease agreement with Autumn within 180 days of receiving your sign-on bonus, this amount will be withheld from your final settlement.

5. Passport Requirement & Refund

_____Autumn Transport will reimburse you up to $45.00 for the acquisition of a passport upon receipt of your paid application for said passport. However, should you not remain in Autumns employ for a minimum of six months, the reimbursement will be deducted from your final settlement.
Additionally, if for any reason, you are denied a passport, Autumn Transport, Inc. reserves the right to terminate this contract immediately.

ADDENDUM 6

NON COMPETE/ SOLICITATE

Contractor agrees not to solicit traffic from any shipper, consignor, consignee, or customer of Carrier where (1) the availability of such traffic first became known to Contractor as a result of Carriers efforts, or (2) where the traffic of the shipper, consignor, consignee, or customer of the Carrier was first tendered to the Contractor by the Carrier. If Contractor breaches this Agreement and back-solicits the Carriers customers, and obtains traffic from such a customer, the Carrier then is entitled, for a period of 15 months after the involved traffic first begins to be transported by Contractor, to a commission from the Contractor of 20% of the gross transportation revenue received on the movement of such traffic by the Contractor.
IN WITNESS WHEREOF, the parties have entered into this Addendum to Independent Contractor Lease Agreement dated SEPTEMBER, 2010_and set their hands and seals thereto this 13TH day of SEPTEMBER, 2010.

CARRIER: CONTRACTOR:

Gregg E. Martin ___________________________

TERMINATION OF CONTRACT HAULING AGREEMENT

UNIT No. 0904

Pursuant to the provisions of the Contract Hauling Agreement entered into by the undersigned parties on__________, it is hereby mutually agreed that said Contract Hauling Agreement shall be terminated on this ______ day of _______________, 200__.

CARRIER CONTRACTOR

___________________________ ___________________________
Click to expand...

Magnum1 · Sep 24, 2011

Hi Red. I see you are in the same hunt as I am. Pneumatic tanker hauling, correct ? I know that you were looking into Bruce Oakley and autumn, I believe you did not like autumn due to canada runs. I never went to Canada. What's so bad about Canada ?

What did you find out about Oakley ?

Are you still looking or have you found a "home"? If so, with who and some info please. Thnx.

Pm the response Plz. Thnx.

DriverBill · Dec 31, 2011

I was wondering if anyone had any info on Autumns tanker division?

drifter60 · Sep 12, 2016

Magnum1 said: ↑

Hi Red. I see you are in the same hunt as I am. Pneumatic tanker hauling, correct ? I know that you were looking into Bruce Oakley and autumn, I believe you did not like autumn due to canada runs. I never went to Canada. What's so bad about Canada ?

What did you find out about Oakley ?

Are you still looking or have you found a "home"? If so, with who and some info please. Thnx.

Pm the response Plz. Thnx.
Click to expand...

Going into Canada isn't bad, just coming back into the US sucks. As long ad your paperwork is in order it shouldn't be a problem. It will really be nice if you can pre-regisiter your loads so all you have to do is use a bar code at the border and just slip on through. Also depends on where you cross if it will be a hassle or not. Crossing at Detroit REALLY sucks. Lol

wolf man · Jul 8, 2017

Do anyone know anything about autumn transport end dump division?

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