1. Material & Plant Operations

• Aggregates pass gradation spec at BLT Crushing Plant.

• Only “Yuma Grey” is offered – non-color, non-decorative.

• BLT will continue to produce spec material according to City/County (MAG) specs when directed.

2. Demo Dumping

• Demo material (concrete and asphalt only) accepted at BLT Pit.

  • Dump Fee: $15.00/ton.

  • Restrictions: Max 1’ size; no rebar, trash, plastics, vegetation, or metals.

3. Orders & Availability

• Most aggregate inventory is pre-committed to jobs. Orders must be placed prior to arrival at the plant or for delivery.

• Call dispatch to confirm material availability.

• Minimum loads:

  • 18 tons aggregate

  • Less than minimum may incur additional minimum load fees.

4. Testing, Quality Control & Responsibility

• All testing is based on FOB at the plants – standard for material suppliers.

• Once product leaves the plant (via pickup or delivery), contractor assumes responsibility for maintaining material quality.

• BLT is not responsible for gradation, contamination, or consistency once material leaves the site.

• QC processes and methods are the contractor’s responsibility. QC is available at BLT’s facility with prior notice.

5. Natural Site Conditions

• BLT operates an open pit mine. BLT is not responsible for:

  • Bird droppings

  • Free seedlings

  • Wind-blown vegetation

• These are considered natural acts of God.

6. Quote Terms

• Price quotes:

  • Based on standard BLT specifications unless otherwise noted.

  • Subject to change without notice due to fuel, cement, asphalt oil, or material price volatility.

• Mix designs requiring deviation from BLT standards may incur additional fees.

• Quote expires:

  • 30 days from issuance unless otherwise stated.

• Quotes are not contracts and do not obligate BLT to supply material or guarantee approval of mix designs.

• Final pricing is contingent on submittal approval.

7. Contractor Responsibilities

• Contractor must verify:

  • Mix design meets project specifications.

  • Owner/engineer approvals are obtained.

  • Orders are placed using approved mix design references.

• BLT will not interpret specifications.

• Customer assumes full responsibility for specifications, testing, and all QC practices once material is delivered.

8. Access & Safety

• All roads must be passable by non-off-road vehicles.

• Sites must be safe for 2WD and heavy trucks; customer is responsible for all towing charges if site is inaccessible.

• No track-out services provided.

9. Delays, Cancellation, & Changes

• Cancellations for dedicated plant pours must be made by 5 PM prior day, or a $2,000 fee applies.

• Price subject to change:

  • After job has begun

  • If change orders are received

  • If materials or additives are modified post-contract

10. Billing & Payment

• Customers with credit accounts must pay by the 10th of the month following purchase.

• Non-credit customers must prepay.

• A 3.00% non-cash/credit card fee applies.

• Under no circumstances may Buyer/Contractor withhold payment due to performance disputes.

11. Limitations of Liability

• BLT’s responsibility is limited to delivering material with proper mix weights (PSI, slump).

• BLT is not responsible for:

  • Cracking, pop-outs, finish issues, wind cracks, crazing

  • Non-indigenous species concerns

  • On-site compaction or construction defects

  • Acts of God after delivery

• No responsibility for:

  • Permit acquisition (ADEQ, zoning, traffic control, etc.)

  • Standby or downtime costs

  • Rail-related charges (demurrage, wear/tear)

  • Wage compliance (e.g., Davis-Bacon Act)

12. Operating Fees & Conditions

• OT, DT, TT Rates:

  • OT: Before 5 AM / After 4 PM weekdays, or after 8 hours/day

  • DT: After 12 hours/day or Sat >10 hours

  • TT: Sun after 12 hours or any holiday work

• Saturday deliveries: +$10.00/yard or ton

• Sunday deliveries: $2,000 start-up + $20/ton

• Holiday deliveries: $8,000 start-up + $30/ton

Plant Start-up (Aggregate or Hot Plant):

• Saturday (non-production): $1,000

• Sunday (non-production): $2,000

• Holiday (non-production): $8,000

• If in production:

  • Sat: +$2.00/ton

  • Sun: +$4.00/ton

  • Holiday: +$6.00/ton

Minimums:

• Hot plant: 500-ton minimum or $500 fee

• Asphalt deliveries: 50-ton minimum or $500 fee

13. Standby Charges

• Plant standby: $125/hour

• Jobsite equipment:

  • Concrete truck: $1.00/min after 60 min

  • Dump truck: $45/hour after 15 min

• Pass/Clearance delay: $150/hour per truck/operator

14. Safety & Access Requirements

• Any required safety training, base passes, FAA/MSHA clearances, or other site-specific access steps will:

  • Require advance notice

  • Be charged hourly at a quoted rate

• Customer is responsible for managing documentation for military or government site access.

15. Warnings & Disclaimers

• Concrete is perishable and becomes property of the purchaser upon leaving the plant.

• Any changes or cancellations must be called in before loading begins.

• Skin contact with cement/concrete/asphalt may cause irritation. Wash immediately.

• Asphalt may release toxic hydrogen sulfide gas—avoid inhalation.

• BLT is not liable for damages inside the curb line or for any claims not made at time of delivery.

16. Concrete Strength Warning

EXCESS WATER IS CONCRETE’S ENEMY NO. 1

REMEMBER – QUALITY CONCRETE IS EVERYONE’S RESPONSIBILITY

17. Warranties & Legal Certification

• All implied warranties (Merchantability, Fitness for Particular Purpose) are expressly excluded.

• Aggregates may be alkali reactive under certain conditions. Customer assumes full responsibility for effects.

• Customer agrees to pay all collection costs, including reasonable attorney’s fees if invoiced items are unpaid.

• This certification is provided to allow BLT to claim sales tax exemption when applicable.

General Provisions

1. This quote expires as of the date expressly written on the bid or, if no expiration date is provided, 30 days after issuance.

2. This price quote is only a quote. It is not a contract, purchase agreement, or commitment by BLT to perform the quoted job.

3. BLT is not obligated to sign any customer Purchase Agreements, Supply Contracts, or Purchase Orders.

4. All jobs are billed port-to-port at the full quoted rate.

5. All roads must be passable by trucks/equipment. Customers are responsible for marking underground utilities.

6. Jobs and/or orders placed over the phone may be voice recorded for quality assurance.

7. A daily fuel surcharge is applied based on current index. Contact dispatch for the current rate.

8. A 3.00% non-cash adjustment applies to all credit and debit card payments.

9. BLT quotes do not include sales tax, bonding, or compliance with wage laws (e.g., Davis-Bacon Act).

10. Quoted prices may change if specifications change after acceptance or during job execution.

11. Customer signature is required upon execution. Cancellation fees apply regardless of reason.

12. Under no circumstances may Buyer/Contractor retain payments due to BLT.

13. Curb Release: No delivery or equipment operation beyond curb line without customer’s written authorization. Customer accepts all risk for damage; BLT assumes no responsibility beyond curb/property line.

14. All customers with credit terms must pay by the 10th of the month following invoice date. Non-credit customers must prepay.

Crane Operation & Safety Requirements

15. A 4-hour minimum applies to all Arizona crane jobs (except boom truck cranes).

16. An 8-hour minimum applies to all California crane jobs.

17. Cancellations after dispatch incur a 2-hour minimum charge of the crane or equipment scheduled.

18. All equipment and operators will remain under the site’s exclusive supervision and control.

19. Per OSHA 29 CFR 1926.1400 and ASME P30.1/B30.5, the lift director must be appointed by the General Contractor, Subcontractor, or Site Supervisor. If not appointed, the role defaults to the Site Supervisor.

20. The Site Supervisor is responsible for ensuring accurate communication of jobsite conditions, including crane-safe areas, weights, and radius, prior to dispatch.

Additional Charges & Access Requirements

21. Overtime (OT) applies:

• Mon–Fri before 5 AM / after 4 PM

• After 8 hours/day

• All day Saturday

22. Double Time (DT) applies:

• After 12 hours/day on weekdays

• After 10 hours/day on Saturdays

• All day Sunday

23. Triple Time (TT) applies:

• After 12 hours/day on Sundays

• All hours on holidays

24. These time-based surcharges are in addition to fuel surcharges and any regulatory charges.

25. Subsistence, safety classes, environmental fees, and other project-specific requirements are charged at a quoted hourly rate.

26. If military base access, FAA/MSHA clearance, or any special credentials are required, customer must provide advance notice, and hourly access fees will apply.

Legal, Risk, and Indemnity

27. Lessee is responsible for:

• All persons operating leased equipment

• Compliance with equipment manufacturer’s specifications

• Use of proper signals and direction

• Accuracy of lifting lug design and object weight

28. Lessee agrees to comply with all local, state, and federal laws regarding the use of leased equipment.

29. Lessee must call Blue Stake and ensure all staking is complete before BLT equipment arrives on site. Lessee is liable for all damage caused by failure to comply.

30. Indemnification Clause: Lessee agrees to indemnify BLT (Lessor) against all liability, claims, or damages resulting from the operation, presence, or failure of leased equipment on the Lessee’s site, including:

• Injury, disability, or death

• Damage to property or other equipment

• Operator error or site hazards

• Legal fees, arbitration, and collection costs

31. BLT makes no warranties, express or implied, regarding the leased equipment’s condition, suitability, or performance. Equipment is accepted “as-is” by the Lessee.

32. Performance Excuse: Any delays due to strikes, shortages, weather, governmental action, or acts of God will excuse BLT’s performance for the duration of the disruption. Lessee waives all claims for such delays.

33. This agreement is governed by the laws of the State of Arizona and is enforceable in courts within Yuma County.

34. All taxes and assessments on services shall be paid by the customer.

35. Payment is due upon completion of service unless prior terms are arranged. A 1.5% per month late fee applies to overdue accounts, equating to 18% APR.

36. If legal action is required to enforce this contract, Lessee agrees to pay all court costs, filing fees, and attorney’s fees.

Complete Agreement

This document constitutes the entire agreement between BLT and the customer regarding crane equipment rental. No changes are valid unless in writing and signed by both parties. If any clause is deemed invalid, it shall not affect the validity of the remaining provisions.

General Provisions

1. This quote expires as of the date expressly written on the bid or, if no expiration date is provided, 30 days after the date of this quote.

2. This price quote is only a quote. It is not a contract or purchase agreement and does not commit BLT to perform the quoted job.

3. BLT is not obligated to sign customer Purchase Agreements, Purchase Orders, or Supply Contracts.

4. Quoted prices are subject to change, even after bid acceptance, if:

   • Specifications change,

   • The job is already underway, or

   • Change orders are received.

5. A daily fuel surcharge is applied based on a live index. Please contact dispatch for the current rate.

6. A 3.00% non-cash adjustment applies to all credit and debit card payments.

7. Customer signature is required to execute the job. Cancellation after signature may result in applicable cancellation fees.

8. Under no circumstances may Buyer/Contractor retain any monies due to BLT.

9. All equipment is quoted and charged port-to-port at the full rate.

10. All roads must be passable with trucks. Customers are responsible for site accessibility.

11. Orders placed over the phone may be voice recorded for quality and clarity.

12. Per OSHA 29 CFR 1926.1400 / GI 1910.180 / ASME P30.1–B30.5, the General Contractor, Subcontractor, or Site Supervisor is required to appoint a lift director. If not appointed, the role reverts to the Site Supervisor.

13. Customers with credit accounts must pay in full by the 10th of the month following the purchase. Non-credit customers must prepay.

14. CURB RELEASE: By signing the delivery ticket, customer confirms authority to sign and accepts all risk beyond the curb line. Drivers and operators are prohibited from delivering beyond the curb without written authorization. Customer assumes all risk for any resulting damage, including towing or wrecker fees. BLT assumes no responsibility for damage inside the property line.

Additional Provisions from Previous Terms (Non-Duplicated)

Operational Terms

• HOURS: Standard billing is based on an 8-hour day, 40-hour week. Overtime charges apply for hours:

  • Before 5 AM or after 4 PM (Mon–Fri)

  • Over 8 hours/day

  • Any Saturday work

  • Double Time (DT) applies:

    • After 12 hours on weekdays

    • After 10 hours on Saturdays

    • All day Sunday

  • Triple Time (TT) applies:

    • After 12 hours on Sundays

    • All hours on holidays

• Minimum Charges:

  • 4-hour minimum applies for all Arizona crane jobs (excluding boom truck)

  • 8-hour minimum for California crane jobs

• Summer Mobilization: Excessive heat may require separate mobilization/demobilization days at additional customer expense.

• Cancellation after Dispatch: Subject to a two-hour minimum equipment charge.

• Subsistence: If applicable, based on current daily rates. Contact dispatch for confirmation.

• Safety & Compliance Charges: Any mandatory safety or environmental training (MSHA, FAA, base access, etc.) will be billed at a quoted hourly rate. Advance notice required.

Equipment Operation, Liability & Risk

• All BLT equipment and personnel are under the exclusive supervision and control of the Lessee during operation.

• Lessee is responsible for:

  • Competent supervision and direction of use

  • Use of proper signals per American Standard 830-2-1943

  • Conformance with manufacturer load specs and support requirements

  • Compliance with all local, state, and federal laws

• Lifting Lugs: Lessee assumes all liability for the design and adequacy of any embedded or attached lifting devices.

• Blue Staking: Lessee must contact Blue Stake prior to job start. Failure to do so makes Lessee liable for damages to BLT equipment.

Indemnity & Legal Clauses

• Lessee agrees to indemnify and hold harmless BLT from all claims, damages, losses, injuries, or property damage arising from use of leased equipment, regardless of fault — including but not limited to:

  • Operator negligence

  • On-site injury or death

  • Property damage

  • Damage to or loss of leased equipment

  • Any legal fees, arbitration, court costs, or collections related to these incidents

• LIMITATION OF WARRANTIES: Lessee accepts equipment as-is. BLT makes no warranty (express or implied) as to suitability, durability, or performance. Lessee assumes all risks of delay, breakage, or failure, including lost materials or late delivery.

• EXCUSE OF PERFORMANCE: BLT is not liable for delays due to strikes, acts of God, equipment failure, labor shortages, or any other causes beyond its reasonable control.

• NO OTHER AGREEMENT: This document is the full and exclusive agreement unless otherwise agreed in writing by both parties.

• JURISDICTION: This is an Arizona contract. Any disputes are governed by Arizona law and are subject to venue in the County or District Court of Yuma.

• TAXES: All applicable taxes and assessments are the responsibility of the customer.

• PAYMENT TERMS:

  • Full payment is due upon completion of service unless prior terms are approved.

  • If invoiced, payment is due by the 10th of the following month.

  • 1.5% monthly finance charge (18% APR) applies to balances over 15 days late.

  • Lessee agrees to pay all legal and collection costs, including attorney fees, if payment defaults.

General Terms

1. All pricing is FOB unless otherwise noted.

2. All mix orders must be placed by Mix Code. It is the customer’s responsibility to confirm that the mix is approved by the project owner.

3. BLT mix passes oil content, voids, gradation, and asphalt mix content at the BLT Asphalt Plant.

4. All mix designs are produced by approved engineers. No deviations are allowed for any reason.

5. Liquid asphalt is heated to 300°F or more. Contractors and delivery drivers must follow strict safety protocols while handling.

6. BLT is not responsible for maintaining asphalt temperature once it leaves the plant. The contractor is responsible for timely placement using proper methods.

Curb Release

7. Drivers are prohibited from delivering asphalt beyond the curb line without written customer authorization. By signing the Curb Release section of the delivery ticket, the customer assumes all risk for damage to property or equipment, including towing or wrecker charges. BLT assumes no responsibility beyond the curb/property line.

Minimum Load Requirements

8. There is a 50-ton minimum per asphalt customer. If not met, a $500 fee applies (Monday through Friday).

Hot Plant Operations (Weekend & Holiday Fees)

9. Saturday Hot Plant Request:

   • $1,000 startup fee

   • $10.00/ton surcharge

10. Sunday Hot Plant Request:

    • $2,000 startup fee

    • $20.00/ton surcharge

11. Holiday Hot Plant Request:

    • $8,000 startup fee

    • $30.00/ton surcharge

Financial Terms

12. A 3.00% non-cash adjustment applies to all credit/debit card payments.

13. Customers with credit accounts must pay by the 10th of the month following purchase. Non-credit customers must prepay.

14. The purchaser agrees to pay all collection costs, including reasonable attorney’s fees.

15. Sales tax exemption certification is acknowledged for this sale unless otherwise noted.

Additional Clauses (Unique to Old Version)

Quoting, Pricing & Responsibilities

• BLT is a material supplier only. It is not responsible for interpreting contractor specifications.

• Contractors are responsible for ensuring all mix designs meet project specifications and for all additional testing costs beyond industry standards.

• All quotes are based on BLT standard designs, subject to supply and availability.

• Quotes expire 30 days after issuance (if no date is noted).

• Quotes may change even after acceptance if there are:

  • Specification changes

  • Change orders

  • Ongoing jobs affected

• Quotes do not act as contracts or obligate BLT to supply or execute a project.

• Final pricing applies only after full submittal approval.

• BLT does not guarantee any specific test results. It is the contractor’s responsibility to confirm mix design approval before ordering.

• BLT will not sign customer Purchase Orders, Supply Contracts, etc.

Site Access & Conditions

• All roads must be passable with trucks and non-off-road vehicles.

• Customers are responsible for all towing charges due to inaccessible sites.

• If a 2WD vehicle cannot access the site, neither can a heavy truck.

• Track-out is not provided.

Testing & Quality Control

• All testing is based on FOB at BLT plants, consistent with industry standards.

• Once material leaves the plant, the contractor assumes full responsibility for maintaining its condition and quality.

• BLT is not responsible for material gradation once delivered.

• Quality Control (QC) is the contractor’s responsibility. BLT provides QC services only during production and with advance notice.

Delays, Cancellations & Limitations

• Cancellations after contract execution are subject to fees regardless of reason.

• BLT shall not be liable for any delays or damages caused by scheduling conflicts, breakdowns, or acts beyond its control.

• Buyer/Contractor is responsible for standby time, outside equipment, and labor in the event of conflict or plant downtime.

• BLT is not liable for:

  • Demurrage or railcar service fees

  • Standby charges

  • Wear/tear on third-party equipment

Conditions & Additions

• Overtime (OT): Applies before 5 AM, after 4 PM, or after 8 hours/day Mon–Fri, and all day Saturday.

• Double Time (DT):

  • After 12 hours/day on weekdays

  • After 10 hours/day on Saturdays

  • All day Sunday

• Triple Time (TT):

  • After 12 hours on Sundays

  • Any time on holidays

• Weekend and holiday work may include additional surcharges for:

  • Trucking

  • Plant operation

  • Safety compliance

• Standby Fees:

  • $125/hour plant standby

  • $1.00/min after 60 minutes (concrete trucks)

  • $45/hour after 15 minutes (dump trucks)

• Pass/Clearance wait time: $150/hour per truck/operator

Restrictions & Exclusions

• Quotes exclude:

  • Material placing (ABC, concrete, asphalt)

  • QC/testing (on site or after delivery)

  • Bonding, taxes, wage compliance (e.g., Davis-Bacon Act)

  • Government or tribal regulations

• BLT is not responsible for:

  • Surface issues (e.g., cracking, pop-outs, pigment variations)

  • Acts of God (e.g., bird droppings, seed germination)

  • Non-indigenous species specifications

  • Compaction issues on job sites

  • Permit acquisition (e.g., ADEQ, zoning, traffic)