2017 VENDOR MANUAL
Index Purpose... 1 About us... 2 Locations.. 3 Insurance requirements. 4 Vendor relations and accounts payable... 5 Charges/Deductions.. 7 References.. 8 Vendor information form... 9 Acknowledgement..... 10 W-9.. 11 ACH authorization form.... 12 Examples of certificates of insurance.... 13 i
Purpose The purpose of the Blackhawk Mining, LLC (the Company) credit application package is to keep our vendors informed of our policies, procedures and expectations. The credit application package is considered to be a set of guidelines we ask our vendors to follow. Following these guidelines will allow vendors to establish themselves with Blackhawk Mining, LLC and will enable our accounts payable group to properly record invoices allowing us to pay them in a timely fashion. Effective November 1, 2015, Blackhawk Mining, LLC determined that all invoices should be billed directly to Blackhawk Mining, LLC with a ship to location for the facility served. This will allow vendors the ability to potentially expand their reach within the Blackhawk Mining, LLC companies. To become a Blackhawk Mining, LLC vendor, you MUST complete and return the vendor information form, W-9, ACH application form and a certificate of insurance to vendorrelations@blackhawkmining.com. All documents must be provided together in order for you to be added as a vendor for Blackhawk Mining, LLC. The vendor relations department will discard any incomplete information provided. Additionally, the credit application package outlines the Company s expectations related to the receipt of invoices and the required information within those invoices. Failure to provide this information could result in delayed payment or expense offsets to the vendor. 1
About Us Blackhawk Mining, LLC is a diversified coal mining company headquartered in Lexington, Kentucky. The mission of Blackhawk is to operate in accordance with its five core principles. Safety Is Our First Priority - The safety of our employees is our first priority. We have been fully committed to the health and safety of our miners since the company began mining operations in 2010. Our goal is for every miner to go home each day accident free. Commitment to Customer Satisfaction - We intend to build strong, long-term relationships with our customers by providing them with quality products and excellent, timely service. Provider of Secure and Challenging Jobs - We recognize that our team members are our most valuable asset and deserve to be treated with respect and dignity. We want to help them grow and develop their skills and unleash their creative abilities. Corporate Integrity - Our business operations will be conducted honestly with the highest level of integrity and will be in compliance with applicable laws and regulations. Leader of Local Communities - We seek opportunities to engage with the local communities in which we operate and encourage our employees to take an active role. We emphasize protecting the environment in order to enhance the quality of life in those communities where we live and operate. 2
Locations All invoices are to be billed to Blackhawk Mining, LLC indicating ship to location. Facility Address City, State Zip Purchasing manager Phone number Director of Purchasing 3228 Summit Square Place, Suite 180 Lexington, KY 40509 Jason Harmon 859.543.0515 Corporate office 3228 Summit Square Place, Suite 180 Lexington, KY 40509 Tim Combs 859.543.0515 Blackhawk Rebuild Shop 488 Trus-Joist Lane Chavies, KY 41727 Doug Neace 606.436.6873 Blackhawk River Quincy Dock Road Belle, WV 25015 Chris Hatfield 304.380.0240 Blue Creek 3 Mile Hollow Campbell s Creek Dr Tad, WV 25201 Dave Miller 304.340.1786 Blue Diamond 488 Trus-Joist Lane Chavies, KY 41727 Rusty Thornsberry 606.436.6873 Eagle Shield 3228 Summit Pl, Suite 180 Lexington, KY 40509 Steve Branham 606.436.6873 Guyandotte Rt 16 Buffalo Creek Road Amhersdale, WV 25607 Chris Hatfield 304.380.0240 Hampden Coal 136 Donaldson Branch Gilbert, WV 25621 Chris Hatfield 304.380.0240 Kanawha Eagle 4449 LH Fork Joes Creek Comfort, WV 25049 Chris Hatfield 304.380.0240 Panther Creek Cantenary 800 Toms Fork Road Eskdale, WV 25075 Dave Miller 304.340.1786 Panther Creek Coal Plant Wet Branch Road Dry Branch, WV 25061 David McCormick 304.340.1784 Panther Creek Speed Mining 100 Toms Fork Road Eskdale, WV 25075 David McCormick 304.340.1784 Pine Branch 488 Trus-Joist Lane Chavies, KY 41727 Steve Branham 606.436.6873 Redhawk 488 Trus-Joist Lane Chavies, KY 41727 Rusty Thornsberry 606.436.6873 Rockwell 54912 Pond Fork Road Wharton, WV 25208 Bobby Stover 304.380.1785 Spurlock 488 Trus-Joist Lane Chavies, KY 41727 Steve Branham 606.436.6873 West Virginia 2 nd Shift 100 Technology Drive Charleston, WV 25309 Jared Hatfield 304.380.0346 3
Insurance requirements In order to fulfill all express and implied warranty and indemnification obligations under the Terms and Conditions of Blackhawk Mining, LLC, vendors are required to maintain insurance requirements based upon the work performed. At the end of the manual are example certificates of insurance that should be followed by vendors. Depending on the services provided by the vendor, additional insurance requirements may be required. The Risk department s contact information is provided below for any questions you may have. The vendor at its sole cost and expense agrees to maintain the insurance, in full force and effect at all times. Such policy shall name Blackhawk Mining, LLC (together with its affiliates and subsidiaries) as an additional insured. Vendor will provide to Blackhawk Mining, LLC with a certificate evidencing the required insurance and additional insured vendor endorsement. By requiring insurance, herein, Blackhawk Mining, LLC does not represent that coverage and limits will be adequate to protect Vendor. Additionally, such coverage and limits shall not be deemed as a limitation on Vendor s liability under the Purchase Order. No work may be performed with Blackhawk Mining, LLC until the insurance has been received and approved by the risk department at Blackhawk Mining, LLC. Please provide your insurance agent or broker with a copy of this letter and the example certificates provided to simplify the process. The Risk department will make reasonable efforts to notify the vendor of coverages expiring within 30 days via US postage. Should the vendor have a lapse in coverage, Blackhawk Mining, LLC reserves the right to have the vendor vacate Blackhawk Mining, LLC premises until such time that coverage is reinstated. For questions please contact: Blackhawk Mining, LLC Attn: Risk Department 3228 Summit Square Place, Suite 180 Lexington, Kentucky 40509 859.543.0515 ndenisio@blackhawkmining.com efoley@blackhawkmining.com 4
Vendor relations and accounts payable Vendor relations The goal of the Blackhawk Mining, LLC Vendor Relations department is to work together with its vendors to create strong and lasting partnerships. Vendor Relations is your single point of contact for any questions or issues our vendors may have. We encourage open and proactive communication to avoid issues before they arise. Accounts payable Invoicing The rules below are vital to our invoices being processed correctly. It is imperative that these rules are being followed to ensure you are paid in a timely manner: Original invoices are to be emailed in.pdf format to invoice@blackhawkmining.com. Invoices are expected to match shipments. Purchase orders are required prior to service and for payment. Signed POD must accompany invoice. The correct mine/job must be identified on the invoice. Invoice line item details are required for each invoice. Summary invoices will not be allowed. Freight must be included on any invoice submitted. Freight only invoices will not be paid. Each invoice must contain the invoice number unique to us and the relevant PO number. Company expressly disclaims any obligation to vendor for late fees or interest charges and will not pay any such charges to Vendor. Duplicate invoices Invoices sent with the same invoice number and invoice date will reject out of our accounts payable system as a duplicate invoice. If an invoice needs to be sent for additional monies owed, a new invoice number must be sent. Invoice numbers should not be recycled within 365 days. Doing so will result in a chargeback and potential delay in payment. 5
Pricing Pricing for the following year is to be established and provided to Blackhawk Mining, LLC no later than December 31 annually. Any deviation from the price listing is subject to chargebacks and deductions. Terms Company payments terms are 3% 20/Net 60 days from receipt of product/service. Shorter terms are available dependent upon discounts offered. Payment Vendor payments are to be processed the same week (1 st, 2 nd, 3 rd or 4 th ) of every month. Payments are generally processed Thursday of each week. Our goal is to pay some invoices early knowing that some invoices will be late so that we may maintain an average of 60 day terms. Vendor payments will only be made using ACH transactions. ACH transactions generally take two business days to settle to a vendor s account. An ACH authorization form may be found following the credit application package. If a Vendor needs payment overnighted to them, we will only do so at their expense. Tax Status Blackhawk Mining, LLC is exempt from sales tax for many of the products purchased. Each subsidiary of Blackhawk Mining, LLC has a direct pay permit that is available for vendors. This permit transfers the burden of collecting sales taxes to Blackhawk Mining, LLC. If you do not have a copy of the permit on file, please contact our sales tax group at (859) 264-0745. Additional inquiries may be sent to ap@blackhawkmining.com. To the extent the terms and conditions contained in this Vendor Manual conflict with any purchase order or other contract between you and the Company, the terms of this Vendor Manual shall control. 6
Charges/Deductions Please note there are different forms of charges/deductions that may appear on your check. Correspondence regarding any deduction must be initiated within six (6) months of receipt of the deduction. We encourage our vendors to inquire about these deductions as they occur. We request that our vendors do not accumulate deductions for inquiry on a monthly, quarterly, seasonal or annual basis. Vendor disputes of deductions will only be researched if the deduction has occurred within the last six months. Below is list of charges/deductions that may appear on your check: Description Chargeback Description Chargeback NP No PO number 200 RS Received short 75 NI No invoice number 200 DI Duplicate invoice 200 PD Price difference 200 NJ Job/mine location omitted 200 OP POD not included w/invoices 100 DP PO date after invoice date 125 7
References The following companies are provided as credit application references for Blackhawk Mining, LLC as well as affiliates and subsidiaries. Please contact Jason Harmon at 859.543.0515 if any additional information is required. Banking Reference: 1 st Trust Bank P.O. Box 1059 24 Commerce Drive Hazard, KY 41702 Contact: Hugh Mitchell President/CEO Phone: 606.439.0463 Austin Sales, LLC P.O. Box 133 Vansant, VA 24656 Contact: Celeste Mullins Phone: 276.597.4449 Rogers Petroleum Services, Inc. P.O. Box 162 Pikeville, KY 41502 Contact: Tammy Charles Phone: 606.432.1421 Trade References: Jennmar Corporation PO Box 640339 Pittsburg, PA 15264 Contact: Phyllis Conte Phone: 412.963.9071 Whayne Supply Company 10001 Linn Station Road Louisville, KY 40223 Contact: Cathy Mills Phone: 606.437.6265 The undersigned hereby authorizes the above named bank and trade references to release credit information as is necessary to establish credit with the inquiring vendor. Will Harward Treasurer 8
Vendor information Name: Product/services provided: Address: City, St Zip: Phone: Email: Website: Contact: Projected sales volume: Discount: Mine(s) serviced: 9
Acknowledgment By signing and returning this form to Blackhawk Mining, LLC you agree to the terms provided within the Credit Application Package and acknowledge that Blackhawk Mining, LLC reserves the right to revise the terms and conditions within this document at any time and you agree to abide by the most recent version of this agreement in force. To obtain a revised copy, please contact Vendor Relations at 859.264.0745. Vendor Name: Address: City, State Zip: By: Print Name: 10
3228 Summit Square Place Suite 180 Lexington, KY 40509 Main Office: (859) 543-0515 Accounting: (859) 264-0745 ACH/EFT APPLICATION FORM Vendor Name: Bank Name: Routing Number: Account Number: Remittance E-mail: By signing and returning this form to Blackhawk Mining, LLC you confirm that the above ACH/EFT Information is correct for all future payments. Applicant Signature: Printed Name: Title: Date:
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Meter Insurance Group 505 Wellington Way, Ste. 350 PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX (A/C, No): Lexington, KY 40503 INSURER(S) AFFORDING COVERAGE INSURED VENDORS A X X A OWNED AUTOS ONLY SCHEDULED AUTOS X X HIRED NON-OWNED AUTOS ONLY AUTOS ONLY A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A X **WV ***IN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : Carrier - AM Best A-VII or Better COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) 100,000 10,000 OTH- ER GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AGGREGATE PER STATUTE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 2,000,000 2,000,000 NAIC # DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured - Primary & Non-Contributory applies to the General Liability and Auto Liability Waiver of Subrogation applies to the General Liability and Auto Liability 30 Days Notice of Cancellation **For WV Workers Compensation - Must have Waiver of Subrogation *** For IN Workers Compensation - Must have Waiver of Subrogation CERTIFICATE HOLDER Blackhawk Mining, LLC & Subsidiaries 3228 Summit Square Place, Ste. 180 Lexington, KY 40509 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Signature Required ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1988-2015 ACORD CORPORATION. All rights reserved.
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Van Meter Insurance Group 505 Wellington Way, Ste. 350 PHONE (A/C, No, Ext): E-MAIL ADDRESS: FAX (A/C, No): Lexington, KY 40503 INSURER(S) AFFORDING COVERAGE INSURED SUB-CONTRACTORS TRUCKING COMPANIES A X X A OWNED AUTOS ONLY SCHEDULED AUTOS X X HIRED NON-OWNED AUTOS ONLY AUTOS ONLY A THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. DED RETENTION WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N A ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? N / A X **WV ***IN (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : Carrier - AM Best A-VII or Better COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDL SUBR LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) 100,000 10,000 OTH- ER GEN'L AGGREGATE LIMIT APPLIES PER: PRO- POLICY JECT LOC OTHER: AUTOMOBILE LIABILITY ANY AUTO COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE EXCESS LIAB CLAIMS-MADE PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG AGGREGATE PER STATUTE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT 2,000,000 2,000,000 5,000,000 5,000,000 NAIC # DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Additional Insured - Primary & Non-Contributory applies to the General Liability and Auto Liability Waiver of Subrogation applies to the General Liability and Auto Liability 30 Days Notice of Cancellation **For WV Workers Compensation - Must have Waiver of Subrogation **For WV Coal & Contract Miners must have Black Lung Coverage and Broad Form Coverage on the Workers Compensation Policy *** For IN Workers Compensation - Must have Waiver of Subrogation CERTIFICATE HOLDER Blackhawk Mining, LLC & Subsidiaries 3228 Summit Square Place, Ste. 180 Lexington, KY 40509 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Signature Required ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD 1988-2015 ACORD CORPORATION. All rights reserved.