Independent Contractor Requirement Checklist

Transcription

1 Independent Cntractr Agreement Independent Cntractr Requirement Checklist The fllwing dcuments are required t be in ur ffice befre we may hire yur equipment. Please make sure all f the required items are in as sn as pssible. We will be unable t dispatch yu, r release any mney wed t yu, until we have received this infrmatin. Cmpleted Independent Cntractr Agreement (W-9 frm) Cpy f CDL Cpy f Medical Card Cpy f yur Mtr Carrier Permit Cpy f yur Tractr Registratin Current DMV print-ut Certificate f Insurance, naming Reliable Trucking Inc., as additinal insured. Expiratin Date: Additinal Insured Endrsement (separate certificate frm carrier) Certificate f Wrker s Cmpensatin Insurance Expiratin Date: If yu are Exempt, Sign here Certificate f Cmpliance, stating that the mtr carrier has enrlled in a randm Drug & Alchl Testing Prgram Cpy f carrier s last B.I.T. r cpy f the cnfirmatin letter, stating carrier s enrllment prgram. Expiratin Date: Signed Mtr Carrier f Prperty Certificate f Cmpliance List f Equipment Surety Bnd CARB Certificate f Cmpliance fr each vehicle If yu have any questins, please call r Carly / ceggers@cncnw.cm, between 8:00am and 4:00pm, Mn-Fri. 1

2 Independent Cntractr Agreement Reliable Trucking, Inc. Independent Cntractr Agreement Between Reliable Trucking, Inc Cmmercial Circle Cncrd, CA Tel: (925) PRIME CARRIER And ( CARRIER ) INDEPENDENT CONTRACTOR Name: DBA Name: Address: ("CONTRACTOR") Tel: Fax: Date: ("AGREEMENT DATE ) Sectin 1: Recitals Reliable Trucking, Inc., (hereinafter referred t as Carrier") is a Califrnia Crpratin engaged in the transprtatin f prperty in intrastate cmmerce under perating authrity f the Califrnia Department f Mtr Vehicles (hereinafter referred t as "DMV"). Independent Cntractr (hereinafter referred t as "Cntractr") is engaged in the trucking business and is fully familiar with the trucking services t be prvided and the cnditins under which the wrk is t be perfrmed. Cntractr has title t the vehicle(s) described in Appendix A t this Agreement (hereinafter referred t as "Cntractr Equipment"), r has the right t the exclusive use f this Cntractr Equipment, and has lawful pssessin f this Cntractr Equipment. Cntractr has all state, federal, 2

3 Independent Cntractr Agreement cunty, r city certificates, permits, registratins, authrizatins and licenses that are required r necessary fr the cnduct f business and the perfrmance f transprtatin services under the terms f this Agreement. Cntractr will cntinue t have such certificates, permits, registratins, authrizatins and licenses in full frce and effect at all times while prviding services under the terms f this Agreement. Carrier desires t enter int an agreement t engage Cntractr, as an independent cntractr, fr the purpse f transprting bulk aggregates, cnstructin materials and/r heavy equipment in intrastate cmmerce, as may be prvided by Carrier. Cntractr desires t cntract with Carrier t transprt said cmmdities. Therefre, in cnsideratin f mutual prmises and agreements set in Independent Cntractr Agreement (Agreement"), Carrier and Cntractr agree as fllws: Sectin 2: Scpe f Operatins During the term f this Agreement, Cntractr may cntact Carrier frm time t time t determine whether Carrier has any shipments that require transprtatin. In the event Carrier has shipments that Cntractr agrees t transprt, Carrier shall ntify Cntractr f material t be transprted and f the time and lcatin t lad same, all within a reasnable time prir t the required delivery time. Thereafter, Cntractr will, withut delay, cause said material t be transprted t the place designated by Carrier r by Carrier s representative. This Agreement shall nt be cnstrued as an agreement by Carrier t furnish any specific amunt f gds, materials, r lads fr transprtatin by Cntractr in any particular time r place. Carrier makes n guarantee f minimum payment fr use f the Cntractr Equipment. Likewise, Cntractr shall have the right, at its discretin, t decline t transprt any shipment tendered t it by Carrier, r t refuse t perfrm specific requests by Carrier t prvide transprtatin. Cntractr shall have the right t perfrm transprtatin services fr ther Carriers, but this Agreement shall be terminated at such times. Cntractr shall perfrm transprtatin and related services as may be necessary t serve Carrier s Custmers t prtect custmers carg against lss and damage. Except as prvided in Appendix A, all services hereunder will be prvided by the Cntractr Equipment under Cntractr's DMV perating authrity. Cntractr r anther emplyed persn with an apprpriate cmmercial driver s license may prvide the transprtatin services required hereunder. 3

4 Independent Cntractr Agreement Cntractr shall maintain all insurance cverage required by law and Sectin 9 f this Agreement in full frce and effect fr the full term f this Agreement. In the event f a lapse in Cntractr's insurance cverage, said lapse will cnstitute a material breach f this Agreement. Cntractr warrants that the Cntractr Equipment is in gd state f repair, meets all safety requirements f all applicable Federal and State laws and is prperly licensed and permitted fr peratin in the State f Califrnia, and that all licensing cnditins and safety requirements that may be applicable fr cntinued legal peratin f the Cntractr Equipment shall be fllwed. Cntractr shall nt bligate Carrier fr payment f any expense assciated with licensing f the Cntractr Equipment. Cntractr shall immediately ntify Carrier and cease t prvide all services under this Agreement in the event Cntractr's perating authrity is suspended r revked by DMV, CHP, DOT and/r FMSCA during the time this Agreement is effective. Suspensin f Cntractr s perating authrity will cnstitute a material breach f this Agreement. Cntractr shall be respnsible fr all csts and expenses incident t its perfrmance f services, including all perating and maintenance csts fr the Cntractr Equipment prvided by Cntractr, including fuel and il, special permits, all detentin and accessrial services, grss revenue taxes, rad taxes, tlls and ferries, equipment use fees r taxes, base plates, and any ther tax, fine, r fee impsed r assessed against the Cntractr Equipment, carg, r Carrier by any lcal, state r federal authrity as a result f the acts r missins f Cntractr r the emplyees, agents r servants f Cntractr. Carrier shall act as a dispatching agent fr Cntractr. Cntractr shall be respnsible fr carg hauled fr Carrier's custmer and shall btain and deliver t Carrier a cmpleted and duly receipted dcument (hereinafter knwn as a "freight bill") cvering such shipments transprted. Prir t payment fr services rendered, it shall be the Cntractr's respnsibility t btain freight bills, t prcure the necessary signatures, and t deliver, scan r mail all freight bills t Carrier's ffice, r ther lcatin designated by Carrier, n later than 72 hurs after cmpletin f the wrkday cvered by the freight bill. Subject nly t requirements impsed by law, Cntractr shall direct, in all respects, the peratin f its Cntractr Equipment used, and shall exercise full discretin and judgment as an Independent Cntractr in determining the means and methds f perfrmance f service under the terms f this Agreement. 4

5 Independent Cntractr Agreement Sectin 3: Safety Cntractr shall cmply fully with all laws, rder, citatins, rules, regulatins, standards and statutes with respect t safety. Cntractr shall cnduct inspectins t determine that safe wrking cnditins exist at all times and that the Cntractr Equipment cmplies with safety regulatins at all times. Cntractr accepts sle respnsibility fr the safety f its emplyees, if any, and agrees t perfrm all services hereunder in a safe, respnsible and lawful manner. Cntractr shall ensure that all vehicles used by Cntractr t prvide the services cvered by this Agreement are in safe perating cnditin and that they are perated in cmpliance with all applicable prvisins f lcal, state and federal law, including, but nt limited t, the Federal Mtr Carrier Safety Regulatins, the Califrnia Vehicle Cde, including the Califrnia Highway Patrl (hereinafter referred t as CHP") BIT Prgram, the DMV Pull Ntice Prgram, Title 13 f the Califrnia Cde f Regulatins, and safety regulatins prmulgated by the Califrnia Occupatinal Safety and Health Administratin and the Mine Safety and Health Administratin. Cntractr shall immediately ntify Carrier f any accident r incident invlving prperty damage r bdily injury t persns that ccurs while perfrming service fr Carrier r when pulling Carrier's trailer equipment (the Trailer Equipment"). Such ntificatin shall include a descriptin f damage r injury; an estimated cst f repair with dcumentatin supprting the cst estimate, date, time and lcatin f ccurrence; name, address, and telephne number f witnesses t either the ccurrence r the existence f any damage claimed; and the name, address and telephne number f the persn using the Cntractr Equipment and/r the Trailer Equipment at the time f the accident/incident. Failure t immediately ntify Carrier f an accident/incident shall cnstitute a material breach f this Agreement, in accrdance with Sectin 12. Cntractr shall fllw all safety rules and regulatins and safety gear requirements required at jbsites t which Cntractr is dispatched. Cntractr shall be required t enrll in a Drug and Alchl Testing Cnsrtium pursuant t 49 CFR Sectin and t cmply with all applicable rules, laws, regulatins and reprting requirements. Cntractr shall furnish t Carrier a Certificate f Cmpliance stating that Cntractr is enrlled in such Drug and Alchl Testing Cnsrtium. This requirement is made t ensure Carrier s cmpliance with the drug and alchl testing regulatins prmulgated in Sectin f the Califrnia Vehicle Cde. Sectin 4: Timely Perfrmance Timely perfrmance is the essence f this Agreement. Insfar as practical, Carrier shall prvide Cntractr with reasnable scheduling infrmatin. Cntractr agrees t begin the wrk prmptly as scheduled and as requested by Carrier, t perfrm diligently, in a safe manner, in gd faith and in full 5

6 Independent Cntractr Agreement cperatin with Carrier and with Carrier's custmers, and t cmplete the wrk as requested by Carrier. Failure t maintain the timely perfrmance standard herein set frth shall cnstitute a material breach f this Agreement. Sectin 5: Trailer Rental Cntractr is nt required t purchase r rent any prducts, Trailer Equipment r services frm Carrier as a cnditin f entering int this Agreement. Hwever, Cntractr may rent Trailer Equipment frm Carrier in the event it is available. The term "Trailer Equipment" as used herein shall include the trailers and all attached cmpnents-if prvided-including tie dwn gear, tarps, tires and brakes; and shall include trailers wned by and/r therwise under cntrl f Carrier. Carrier will make Carrier's Trailer Equipment available fr use by Cntractr at Carrier's sle discretin. Prir t use f Carrier's Trailer Equipment, Cntractr shall prvide Carrier with a current written reprt shwing that Cntractr's tractr has been inspected by a cmpetent maintenance and repair facility and has passed the 90-day vehicle inspectin (BIT inspectin). Carrier will designate the Trailer Equipment t be rented t Cntractr. Cntractr shall use nly the Trailer Equipment specified by Carrier, and shall nt switch trailers withut express write permissin frm Carrier. Said Trailer Equipment shall be used nly by Cntractr and/r Cntractr's qualified emplyees r agents, and then nly t prvide service in accrdance with the terms f this Agreement. Carrier's Trailer Equipment shall nt be used by Cntractr t prvide transprtatin service t ther parties. Nne f the tires r ther cmpnents f Carrier's Trailer Equipment are t be used r altered in any way ther than as expressly prvided fr in this Agreement. Cntractr shall make n physical change r alteratin (exclusive f repairs described belw) t Carrier's Trailer Equipment withut prir written cnsent f Carrier. Any alteratin requested by Cntractr, which is agreeable t Carrier, will be made by Carrier at Cntractr's sle expense. If expenses are incurred by Carrier in returning the Trailer Equipment t its riginal cnditin, such expenses will be brne by Cntractr and shall be deducted frm payment due Cntractr. Carrier makes n warranties, expressed r implied, as t the cnditin f the Trailer Equipment r the adequacy f any repair. Cntractr will make Carrier's Trailer Equipment available fr inspectin and repair at any lcatin determined by Carrier at a time arranged by Carrier in rder t cnfrm t Carrier's maintenance prgram. 6

7 Independent Cntractr Agreement Prir t any use, Cntractr shall inspect all Trailer Equipment rented r prvided by Carrier and prmptly reprt, in writing, any defects r prblems t Carrier. All mechanical defects n said Trailer Equipment nt reprted in writing t Carrier prir t Cntractr's use f said Trailer Equipment shall be the respnsibility f Cntractr. Cntractr shall be respnsible fr inspecting, in accrdance with applicable law, any Trailer Equipment wned by r under cntrl and authrity f Carrier and used by Cntractr with Carrier's permissin while perfrming services fr Carrier. Cntractr shall inspect Carrier's Trailer Equipment n a daily basis; recrd such inspectins n a Driver s Vehicle Inspectin Reprt, and frward cpies theref t Carrier. Cntractr will ntify Carrier in writing when any defects are nted. All repairs f Carrier s Trailer Equipment will be made at Carrier's maintenance facility unless therwise apprved by Carrier. Cntractr shall verify and inspect all repairs f Carrier s Trailer Equipment and apprve in writing the Driver s Vehicle Inspectin Reprt indicating such. Maintenance f prper brake adjustment fr the Trailer Equipment will be Cntractr's respnsibility. Repairs f damage t Carrier s Trailer Equipment attributable t nrmal wear-and-tear will be made at Carrier s expense. Cntractr agrees t cmpensate Carrier fr damage t Carrier's Trailer Equipment (ther than that attributable t nrmal wear-and-tear), including damage caused by negligence, accident, theft r vandalism. Sectin 6: Relatinship f Parties It is the express intent f all the parties heret that Cntractr is an independent cntractr, and nt an emplyee, agent, jint venture, r partner f Carrier fr any purpse whatsever. This Agreement is intended by the parties t create the relatinship f Carrier and independent cntractr, and nt an emplyer-emplyee relatinship. Neither the Cntractr nr its emplyees shall be cnsidered emplyees f Carrier at any time under any circumstances, r fr any purpse. Neither party is the agent f the ther, and neither party shall have the right t bind the ther by cntract r therwise, except as herein specifically prvided in the Agreement. Carrier hall have n right t, and shall nt, cntrl the manner r prescribe the methd f accmplishing thse services which shall be cntracted t and perfrmed by Cntractr pursuant t this Agreement. The prvisins f this Agreement that reserve ultimate authrity t Carrier have been entered int t ensure cmpliance with federal and state laws, rules, and interpretatins theref. Nne f the prvisins f this Agreement shall be interpreted r cnstrued as creating r establishing an emplyeremplyee relatinship between Carrier and Cntractr r between Carrier and any driver, agent, servant, r ther emplyee f Cntractr. 7

8 Independent Cntractr Agreement Sectin 7: Cmpliance with Law Cntractr is respnsible fr cmplying with all applicable laws, rules, regulatins, rdinances and ther requirements impsed by federal, state, cunty r municipal gvernment authrity in the cnduct f its business. Cntractr is respnsible fr ensuring that its emplyees are in cmpliance with all applicable laws, rules, regulatins, rdinances, and ther requirements impsed by federal, state, cunty r municipal gvernment authrity in the cnduct f its business. Cntractr agrees t furnish Carrier a certificate f cmpliance, fleet summary printut frm the CARB TRUCRS system and/r apprpriate reprting dcumentatin demnstrating that the Cntractr Equipment is in cmpliance with the Final Regulatin Order t Reduce Emissins f Diesel Particulate Matter, Oxides f Nitrgen, and Other Pllutants frm In-Huse Heavy-Duty Diesel-Fueled Vehicles, as set frth in Sectin 2025, Title 14, Article 4.5, Chapter 1 f the Califrnia Cde f Regulatins. Cntractr shall defend, indemnify and hld Carrier harmless frm any vilatin f any applicable laws, rules, regulatins, rdinances and ther requirements impsed by federal, state, cunty r municipal gvernment authrity. If Carrier incurs any lss r expense due t a vilatin, such lss r expense shall be brne by Cntractr and shall be deducted frm payment due t Cntractr. Carrier shall have n bligatin r respnsibility t Cntractr r Cntractr s emplyees, agents, r servants fr any fine, cst r penalty, mnetary r therwise, arising ut f Cntractr r Cntractr's emplyees' vilatin f any law, rule, rdinance, r regulatin f any and all gvernmental authrity in and thrugh whse jurisdictin Cntractr r its emplyees may be perating while prviding service fr Carrier under this Agreement. Sectin 8: Cntractr's Emplyees Cntractr shall furnish at its discretin, selectin and expense any labr required incident t the peratin f the Cntractr Equipment and the Trailer Equipment and the pickup, packing, lading, unlading, assembling, disassembling, deliver, and dcumentatin f shipments in perfrmance f services t be prvided under this Agreement. Cntractr shall be slely respnsible fr the directin and cntrl f its emplyees, agents and servants, if any, perfrming services fr Cntractr under this Agreement. Cntractr shall be respnsible fr the selectin, hiring, terminating, training, supervisin, wrk assignment, and directin f its emplyees, agents and servants. Cntractr shall be respnsible fr the wages, hurs, and wrking cnditins f its emplyees, and fr addressing its emplyees' grievances. Cntractr shall determine the 8

9 Independent Cntractr Agreement methd, means, and manner f the perfrmance f the wrk f its emplyees, agents, and servants, if any, and perfrmance f services pursuant t this Agreement. Carrier shall neither have, nr exercise, disciplinary authrity r cntrl ver Cntractr s emplyees. Carrier shall have n authrity t supervise r direct Cntractr s emplyees in the perfrmance f wrk fr Cntractr, and shall have n authrity r right t select, apprve, hire, terminate, r discipline any f Cntractr's emplyees. Cntractr assumes full and sle respnsibility fr the payment f all wages, benefits and expenses f its emplyees, agents, r servants (including withut limitatin, the payment f prevailing wages), if any, and fr all state and federal incme tax withhlding, unemplyment insurance, and scial security taxes as t all persns emplyed by Cntractr. Cntractr shall be respnsible fr meeting and fulfilling the requirements f all regulatins nw r hereafter prescribed by gvernmental authrities with respect heret. In n event shall Carrier be respnsible fr the wages, benefits r expenses due Cntractr s emplyees, agents r servants. Carrier is nt authrized t withhld state r federal incme taxes, Scial Security taxes, unemplyment insurance taxes, r any ther lcal, state r federal tax and/r levy n behalf f Cntractr r Cntractr's emplyees. Cntractr shall defend, indemnify, save and hld harmless Carrier frm any and all liability, lsses, csts r expenses Carrier may incur by Cntractr's failure t cmply with the terms f this Agreement. Cntractr agrees t make certain and warrants and represents that all persns retained t drive vehicles hereunder will hld the apprpriate cmmercial driver's license required by state r federal authrity. Cntractr agrees that all persns retained by Cntractr t drive vehicles shall fully satisfy and cmply with any and all applicable federal and state regulatins gverning the peratin f cmmercial vehicles n the public highways. Cntractr shall nt allw any persn identified as a negligent peratr" by any state r federal law t perate a vehicle hereunder. Upn written request, Cntractr shall prvide Carrier the drive file maintained fr each driver allwed t drive a vehicle hereunder and/r cpies f all driver daily lgs fr thse days when the driver perfrmed any service hereunder. Cntractr assumes full respnsibility fr maintaining adequate wrker s cmpensatin insurance cverage fr itself and all emplyees, agents r servants whm Cntractr retains t perfrm services related t this Agreement. Cntractr shall prvide Carrier with apprpriate written evidence f said cverage by which Carrier agrees, upn reasnable request by Carrier, t prvide Carrier with a list f all driver emplyees cvered by Cntractr's wrker's cmpensatin insurance plicy. Cntractr agrees t defend, indemnify and hld Carrier harmless frm any and all liability, regardless f the cause theref, including attrney's fees, impsed r claimed, arising ut f any injury, disability r death f any persn wh perfrms services under this Agreement. 9

10 Independent Cntractr Agreement In the event that any judgment is enfrced against Carrier fr any csts r expenses resulting frm any emplyment r ther relatinship f emplyees, agents, r cntractrs f Cntractr, Cntractr agrees t defend, indemnify and hld Carrier harmless frm and against any liability, expense r csts arising ut f such judgment. Sectin 9: Liability and Insurance During the term f this Agreement, Cntractr shall btain and maintain insurance with cverage and limits n less than required by law and such higher limits and cverage as specified herein t fully prtect Cntractr, Carrier, General Cntractr(s) and Owner(s). In the event this Agreement is terminated, such insurance shall prvide cverage fr claims that ccurred during the term f the Agreement, but were nt reprted until after this Agreement was terminated, fr a perid f tw (2) years after terminatin. Such insurance shall be issued by a carrier authrized t cnduct business in the State f Califrnia with a minimum A.M. Best rating f "A-VI r better. Carrier is nt respnsible fr premiums fr the required insurance. These requirements shall autmatically increase t the extent required by law. Cntractr shall prcure and maintain at its wn expense fr the term f this Agreement, the fllwing insurance cverage, and thse set frth in the attached Insurance Rider; prvided that if there is a cnflict between any f the terms f this Sectin 9 and any f the terms f the Insurance Rider, the latter terms shall cntrl: 1. Aut Liability insurance cvering all vehicles, whether wned, hired, r nn-wned, including unidentified trailer, used in prviding service under the terms f this Agreement; and cvering bdily injury (including death) and prperty damage. Liability cverage shall be at least ne millin dllars ($1,000,000) cmbined single limit, prvided hwever Carrier reserves the right t require Cntractr t carry higher cverage. This insurance shall prvide cverage t all persns and prperty including, withut limitatin, Cntractr and Carrier and their emplyees, agents and servants. Cntractrs using Carrier s Trailer Equipment are required t carry additinal insurance accrding t the fllwing schedule: Equipment Physical Damage Carg Duble Bttm $50,000 fr the set r $25,000 per trailer if nted individually N/A End Dump $50,000 N/A Duble Pneumatic Tank $80,000 fr the set r $40,000 per trailer if nted individually $5,000 Semi Pneumatic Tank $80,000 $5,000 Flatbed $25,000 TBD 10

11 Independent Cntractr Agreement 2. Wrker's Cmpensatin and Emplyer's Liability insurance with limits nt less than thse required pursuant t Califrnia law r thse required in the Insurance Rider (whichever is greater), r an exempt waiver if Cntractr is an wner-peratr and therefre nt required t carry Wrker's Cmpensatin insurance. 3. General Liability Insurance and Excess Liability Insurance as prvided in the Insurance Rider. 4. All such insurance shall prvide cverage n an "ccurrence" basis and shall be primary cverage. Any ther cverage and ther insurance, including any insurance f Carrier, shall be excess cverage and insurance fr any lss arising ut f r relating t the peratins f Cntractr under this Agreement. All insurance plicies prviding such cverage shall name Carrier, General Cntractr(s) and Owner(s) as an additinal insured with prceeds payable t r n behalf f the parties as their respective interests appear. 5. All insurance plicies shall prvide cverage fr all legal liability f Cntractr, including withut limitatin, any cntractual liability assumed pursuant t the terms f this Agreement. 6. Cntractr will supply Carrier with certificates f insurance fr all plicies prviding the cverage hereinabve required; said certificates shall require that issuing cmpanies prvide thirty (30) days advance written ntice f cancellatin t Carrier. Such certificates shall be substantially in accrdance with thse attached as an exhibit t this Agreement. Cntractr agrees t btain the written cnsent (t the insurance, indemnity and ther applicable prvisins heref) frm all insurers wh have r will issue a plicy r plicies which might be applicable t a lss hereunder and, if required, all named insureds n said plicy r plicies. Certificates f insurance shall be issued evidencing all cverage under the abve. The remarks sectin f the certificate shuld include: VIN fr tractrs and type f unidentified trailers. Fr each type f trailer(s) the amunt f insurance cverage fr physical damage shall be specified. A separate endrsement r endrsements will be issued n Cntractr's plicy r plicies cvering Aut Liability and Cmprehensive General Liability prvisin s as t include Carrier, General Cntractr(s) and Owner(s) as additinal insureds as respects liability arising ut f peratins perfrmed by Cntractr n behalf f Carrier If any cverage prvided hereunder is subject t deductibles, Cntractr shall be liable t Carrier fr such 11

12 Independent Cntractr Agreement deductibles. The insurance requirements set frth in this Sectin 9 and in the Insurance Rider shall nt be limited by, nr shall they limit, the indemnity requirements set frth elsewhere in this Agreement. Cntractr shall defend, indemnify and hld harmless Carrier, General Cntractr(s) and Owner(s), including their fficers, directrs, agents, emplyees, affiliates, parents and subsidiaries, and each f them, f and frm any and all claims, demands, causes f actin, damages, csts, expenses, actual attrneys' fees, cnsultants fees, expert fees, lsses r liability, in law r in equity, f every kind and nature whatsever arising ut f r related t r in cnnectin with Cntractr's perfrmance under this Agreement fr, but nt limited t: 1. Persnal injury, including, but nt limited t, bdily injury, emtinal injury, sickness r disease, r death t persn, including, but nt limited t, any emplyees r agents f Cntractr, Carrier, General Cntractr(s) and Owner(s) and/r damage t prperty f anyne (including lss f use theref), caused r alleged t be caused in whle r in part by any act r missin f Cntractr r anyne directly r indirectly emplyed by Cntractr r anyne fr whse acts Cntractr may be liable regardless f whether such persnal injury r damage is caused by and regardless f the thery f liability asserted against an indemnified party. 2. Prperty damage including, but nt limited t, damage t bth real and persnal prperty, physical damage t any prperty, whether r nt such prperty was manufactured by Carrier, General Cntractr(s) r Owner(s), csts t repair defects in prperty, diminutin in prperty value, lss f use, lss f ecnmic value, cnsequential lsses, and any ther damages assciated with damage t, destructin f, defects in, r lss f real r persnal prperty, regardless f whether such damage is caused by a party indemnified hereunder and regardless f the thery f liability asserted against an indemnified party. 3. Penalties impsed n accunt f the vilatin f any law, rder, citatin, rule, regulatin, standard, rdinance, r statute, caused in whle r in part by the actin r inactin f Cntractr. 4. Claims r liens fr labr perfrmed r materials used r furnished t be used n the jb, and all incidental r cnsequential damages resulting t General Cntractr(s) r Owner(s) frm such claims r liens. 5. Failure f Cntractr t cmply with any prvisins f this Agreement regarding insurance. 12

13 Independent Cntractr Agreement 6. Any vilatin f infractin by Cntractr r its emplyees, agents r servants f any law, rder, citatin, rule, regulatin, standard, rdinance, r statute in any way relating t the ccupatinal health r safety f emplyees, including, but nt limited t, the use f Carrier's Trailer Equipment, General Cntractr(s), Owner(s), r thers' equipment. The indemnificatin prvisins f 1 thrugh 6 abve shall extend t claims ccurring after this Agreement is terminated as well as while it is in frce. Such indemnity prvisins apply regardless f any active and/r passive negligent act r missin f Carrier, General Cntractr(s) r Owner(s) r any ther indemnified persn. Cntractr, hwever, shall nt be bligated under this Agreement t indemnify Carrier, Owner r General Cntractr(s) if any claims arise frm the sle negligence r willful miscnduct f Carrier, General Cntractr(s) r Owner(s) r their agents, emplyees, r independent cntractrs wh are directly respnsible t Carrier, General Cntractr(s) r Owner(s). Cntractr shall: 1. At Cntractr's wn cst, expense, and risk, defend all claims that may be brught r instituted by third persn, including, but nt limited t, gvernmental agencies r emplyees, agents r servants f Cntractr, against Carrier, General Cntractr(s) r Owner(s) r their emplyees r agents, r any f them. 2. Pay and satisfy any judgment r decree that may be entered against Carrier, General Cntractr(s) r Owner(s) r their emplyees r agents, r any f them, arising ut f any such claim; and/r 3. Reimburse Carrier, General Cntractr(s) r Owner(s) r their emplyees r agents fr any and all legal r investigative expense incurred by any f them in cnnectin herewith r in enfrcing any indemnity granted in the Agreement. The indemnities set frth in this Sectin 9 shall nt be limited by the insurance requirements set frth in this Agreement. Sectin 10: Payment fr Services Prir t, r within a reasnable time after cmmencement f wrk n a prject, Carrier and Cntractr shall agree n the rate f cmpensatin fr the prject. Rates fr each prject may be memrialized in writing by Carrier t Cntractr, prvided hwever, that negtiatin (cashing, depsiting r therwise endrsing) by Cntractr f Carrier's check cvering wrk dne n a prject shall be binding cnclusive prf f Carrier and Cntractr's Agreement t the rate, amunt and type f cmpensatin 13

14 Independent Cntractr Agreement paid in said check. Cntractr shall recrd weights, time, vlumes and/r lads n a freight bill as required by Carrier fr wrk perfrmed. Upn the cnclusin f each wrkday, Cntractr shall btain n the freight bill the signature f an authrized jbsite representative. The signed freight bill shall be frwarded t Carrier within 72 hurs. Freight bills submitted after 72 hurs will be subject t a prcessing delay, and late payment. Freight bills submitted 30 calendar days r mre after cmpletin f the wrkday will be cnsidered a waiver f any right t payment if such delays limit Carrier s right t payment. Cntractr will be paid nly fr the wrk included n the freight bill signed by an authrized jbsite representative. Carrier has n bligatin t pay Cntractr amunts nt supprted by a prperly cmpleted freight bill. Carrier has n bligatin t pay Cntractr fr any wrk related t a freight bill which is false and/r fraudulent. Carrier has n bligatin t pay Cntractr fr any wrk unless a prperly cmpleted freight bill is submitted t Carrier within 30 calendar days after cmpletin f the wrkday cvered by the freight bill. Carrier shall have n liability t Cntractr n any disputed payment unless Cntractr ntifies Carrier in writing, within 15 days f receipt f the disputed payment, that the payment received did nt cver all wrk perfrmed in the previus mnth and that additinal mnies are due t Cntractr. Cntractr may purchase parts, fuel, il, tires, and ther supplies frm any supplier it chses. With prir written apprval f Carrier, Cntractr may purchase supplies t be charged t the accunt f Carrier, and Cntractr shall reimburse Carrier such charges frm payments t be made t Cntractr. Carrier reserves the right t impse an additinal charge nt t exceed ten percent (10%) f said purchases t cver Carrier's administrative expenses. Except as prvided herein, payment fr freight bills received timely by Carrier will be made t Cntractr nt later than the last calendar day f the mnth fllwing the mnth in which the wrk was perfrmed. In the event this day falls n a weekend r hliday, payment will be made n the next wrkday. Payment therwise due t Cntractr may be withheld in whle r in part by Carrier as prvided herein; including withut limitatin, n accunt f Cntractr's defective perfrmance nt remedied, imprper insurance, claims filed r reasnable evidence indicating prbability f filing f claims against Cntractr r Carrier, failure f Cntractr t make payments t its emplyees r subhauler, r fr material, supplies, labr, r a reasnable dubt that the wrk can be cmpleted fr the balance then unpaid. If the freging causes are reslved t Carrier s satisfactin, the withheld payments shall prmptly be made. If the said causes are nt s reslved, Carrier may, but is nt required t, rectify the same at Cntractr s expense. 14

15 Independent Cntractr Agreement Carrier is hereby expressly granted the right t setff f any payments due Cntractr under the prvisins f this Agreement against any ther bligatins that may be due frm Cntractr t Carrier. Sectin 11: Terminatin f Agreement This Agreement shall cmmence n the date f executin and shall cntinue in effect until March 31, This Agreement may be terminated at an earlier date nly in accrdance with the fllwing prvisins: 1. At any time upn the mutual written cnsent f the parties heret. 2. By either party withut cause upn five (5) days prir written ntice by certified mail t the ther party, with the date f mailing cmmencing said five (5) day perid. 3. By either party with cause, by written ntice f terminatin t the ther party, if the ther party cmmits a material breach r default f the terms f this Agreement. Said ntice shall specify the breach relied upn and the date f terminatin, which terminatin may be effective immediately upn service f said ntice. 4. Carrier reserves the right t terminate this Agreement immediately fr any f the fllwing reasns: a. Cntractr's causing r allwing excessive damage t Carrier's Equipment. b. Cntractr's imprper maintenance f Cntractr's Equipment. c. Cntractr's failure t fllw applicable laws f the United States and the State f Califrnia. d. Cntractr s failure t bey lawful and prper rders in carrying ut wrk assignments and failure t cmplete a jb assignment in accrdance with the terms f such assignment. e. Cntractr's failure t maintain the insurance required under this Agreement r under the laws f the State f Califrnia and the regulatins f the Califrnia DMV. f. Cntractr's failure t ntify Carrier when Cntractr, its emplyees, agents r servants are invlved in an accident, withut regard t fault r the nature and/r severity f the accident. g. Cntractr's lss f driving privilege and/r disqualificatin frm driving. h. Cntractr's submissin f freight bills which are false and/r fraudulent. Upn terminatin f this Agreement, Cntractr shall cmplete delivery f any shipment it may be 15

16 Independent Cntractr Agreement engaged in transprting at the time f said terminatin. Shuld Cntractr fail t cmplete delivery f any shipment and/r fail t return all f Carrier's Trailer Equipment t Carrier's specified lcatin, Cntractr will be liable fr all expenses incurred by Carrier t cmplete delivery f shipment and t recver its Trailer Equipment. Pending any final settlement, Carrier is authrized t retain sums as deemed necessary by Carrier t cver Cntractr s liability t Carrier. parties. This Agreement can be renewed n an annual basis, but nly in writing, and signed by bth Sectin 12: Miscellaneus 1. By agreeing t prvide services requested by Carrier, and/r by undertaking such services, Cntractr warrants that all cnditins precedent in this Agreement have been satisfied and shall remain effective fr the term f this Agreement. Cntractr shall defend, indemnify and hld Carrier harmless frm and against any damages, threatened r actual, resulting frm a breach f these warranties. 2. If any prvisin in this Agreement is deemed invalid, vid, r unenfrceable, the remaining prvisins f this Agreement will nevertheless cntinue in full frce and effect withut being deemed impaired r invalidated in any way. 3. The failure f Carrier t enfrce at any time any f the prvisins f this Agreement, r t exercise any ptin herein prvided, r t require at any time perfrmance by Cntractr f any f the prvisins herein, shall in n way be cnstrued t be a waiver f such prvisins, nr in any way affect the validity f this Agreement r any part theref, r the right f the Carrier t thereafter enfrce each and every such prvisin. 4. The laws f the State f Califrnia as t interpretatin and perfrmance shall gvern this Agreement. Each party has had the pprtunity t be represented by independent cunsel f its wn chice thrughut all negtiatins preceding executin f this Agreement and addenda t this Agreement, the parties agree that the terms f this Agreement shall be given a neutral interpretatin and any ambiguities r uncertainty in the Agreement shall nt be cnstrued against either party. 5. This Agreement cnstitutes the entire agreement and understanding between the parties and shall nt be mdified, altered, changed r amended in any respect unless dne in writing and 16

17 Independent Cntractr Agreement signed by bth parties. This Agreement shall supersede, replace and take precedence ver any prir ral r written agreements regarding the subject matter heref between the parties heret, and shall nt be mdified, altered, changed r amended in any respect unless dne in writing and signed by bth parties. 6. This Agreement shall bind and inure t the benefit f the respective heirs, representative, successrs and assigns f the parties heret. This Agreement may nt be assigned by either party withut the prir written cnsent f the ther, which cnsent may be withheld fr any reasn r n reasn. 7. Any and all ntices between the parties heret shall be in writing and shall be deemed duly served when persnally delivered t the party r, in lieu f such persnal service, ne (1) day after depsit in the United States Mail certified mail, return receipt requested, and addressed t such party at the address shwn abve. 8. Time is f the essence in the Agreement, bth as t the terms and the services t be rendered hereunder. 9. This Agreement may be executed in ne r mre cunterparts, each f which shall be deemed an riginal, but all f which tgether shall cnstitute ne and the same agreement. Fr purpses f this Agreement, the facsimile r scanned signatures f any party heret shall cnstitute and be deemed an riginal signature. 17

18 Independent Cntractr Agreement IN W ITNESS WHEREOF, authrized representatives f the parties t this Agreement have executed it, including Appendix A, incrprated as a part f this Agreement, n this day f, 20. CONTRACTOR CARRIER Reliable Trucking, Inc Cmmercial Circle Cncrd, CA Signature: Title: Signature: Title: 18

19 APPENDIX A 19

20 INSURANCE RIDER Insurance Requirements A. General Liability We require the Occurrence frm. Claims Made is nt acceptable. Insurer must be admitted in the State f Califrnia and have a rating f at least an A-VII. Cverages t include: Premises and Operatins Cntractual liability insuring the bligatins assumed by Cntractr in this Agreement. Brad frm prperty damage Persnal injury liability Independent cntractr Limits required are as fllws: (Cmmercial General Liability Plicy) $2,000,000 General Aggregate $1,000,000 Prducts-Cmp/Ops Aggregate $1,000,000 Persnal & Advertising Injury $1,000,000 Each Occurrence B. Autmbile Liability Insurance Cntractr shall carry cverage fr: (1) any aut, (2) all wned, hired and nn-wned auts, and (3) scheduled auts, hired and nn-wned auts. Cverage must be n less than $1,000,000 CSL ( Cmbined Single Limit ). Insurer must be admitted in the State f Califrnia and have a rating f at least an A-VI. C. Excess Liability Insurance Cntractr shall carry cverage prvided in sectins A and B abve. In additin, Cntractr shall carry umbrella liability insurance with at least $2,000,000 in excess f cverage prvided in sectins A and B abve. Insurer must be admitted in the State f Califrnia and have a rating f at least an A-VI. D. Wrkers Cmpensatin and Emplyers Liability If there is an expsure f injury t Cntractr s emplyees under the U.S. Lngshremen s and Harbr Wrker s Cmpensatin Act, the Jnes Act r under laws, regulatins r statutes applicable t maritime emplyees, cverages shall included fr such injuries r claims. Carrier must be admitted in the State f Califrnia and have a rating f at least an A-VI. Limits required are as fllws: (Wrkers Cmpensatin-Statutry, Emplyers Liability) $1,000,000 Each Accident $1,000,000 Disease Plicy Limit $1,000,000 Disease Each Emplyee 20

21 E. Certificates f Insurance Certificates f Insurance ( Certificates ) shall be furnished by the Cntractr prir t delivery f materials. Three (3) endrsements must be included as ne r mre additinal pages ( endrsements ). Additinal Insured Endrsement CG r Equivalent General Liability and Aut Primary Nn-Cntributry Wrding Endrsements Thirty-Day (30) Cancellatin Clause issuing cmpany required t mail 30 days written ntice certificate hlder. F. General The mst recent Accrd Frm 25S must be used if yu have the newer Occurrence Frm Cmmercial General Liability. Mre than ne certificate may be required if plicy perids fr different cverage s verlap. Certificates and Endrsements must be received and apprved prir t any wrk being dne. N payments will be released until the Certificates are in rder. Renewal Certificates shall be prvided at the end f the plicy perid. Wrkers Cmpensatin Emplyers Liability and any necessary Excess Liability must be nted if plicies are written by different agency r cmpany, separate Certificates may be required The required Additinal Insured Endrsement (CG r equivalent) must be attached t the Certificate. Carrier must be named n the Additinal Insured Endrsement. Ntatin n the ACORD Frm is NOT ACCEPTABLE. The Primary Clause Endrsement shwn as paragraph 2 n the example must be n the General Liability Endrsement Frm. A Thirty-Day (30) Cancellatin Ntice is required, and the Acrd frm can be mdified as fllws: Shuld any f the abve described plicies be cancelled befre the expiratin date theref, the issuing cmpany will endeavr t mail 30 day written ntice t the certificate hlder named t the left, but failure t mail such ntice shall impse n bligatin r liability f any kind upn the cmpany, its agents r representatives. 21

22 Rev MOTOR CARRIER OF PROPERTY CERTIFICATE OF COMPLIANCE (CHP809) AND CONTRACTOR COMMERCIAL MOTOR CARRIER CERTIFICATION (Vehicle Cde & Subsectins) Issued t cntracting mtr carrier Reliable Trucking, Inc. I, the undersigned, certify that hlds a Mtr Carrier f Prperty permit number CA which is valid thrugh, a cpy which is attached. I further certify that I, r a cmpany fficer, will immediately ntify users f this cmpany s services if the permit is suspended, revked, r therwise rendered invalid. The undersigned cntracted majr carrier als certifies they are and will remain in full cmpliance with all the prvisins f Sectin , including subsectins, f the Califrnia Vehicle Cde, BIT Prgram. Signature Date Telephne Address CA Driver s License Number City, State, Zip 22

23 MAJOR INCIDENT RESPONSE PROCEDURES VEHICLE ACCIDENT/INCIDENT PROCEDURES These prcedures are a recmmended guideline fr Reliable Trucking, Inc. subhaulers t fllw in the event f an accident/incident invlving vehicle damage, prperty damage, r persnal injury f any type while perating a vehicle r trailer that is in anyway cnnected t the subhauler s cntractual agreement with Reliable Trucking, Inc. Call r ther emergency services if there is severe damage t any f the vehicles invlved and/r if a persnal injury is sustained as part f the accident. (Nte: When calling frm a cellular telephne knw the apprximate lcatin and stay n the line until emergency services arrive.) IN CASE OF EMERGENCY CALL The driver shuld mve the vehicle ut f the radway (if pssible) t prevent the pssibility f further prperty damage and/r persnal injury. THE DRIVER SHOULD STAY IN THE VEHICLE UNTIL COMPLETELY OFF THE ROADWAY (If the driver must exit the vehicle while it is within the radway, use extreme cautin arund mving vehicles, RELIABLE TRUCKING, INC. EMERGENCY CONTACT INFORMATION MAIN OFFICE (800) r (800) (Alternate) DISPATCH (925) MECHANIC SHOP (530) r (510) (Alternate) etc.) Place warning cnes, triangle reflectrs and/r flares t the rear f the vehicle, as necessary t warn ncming traffic. Drivers shuld nt put themselves at risk f injury when placing warning devices n r near the radway. Cntact a Reliable Trucking, Inc. manager r dispatcher, and mechanic (if necessary) immediately. Exchange drivers licenses, registratins, cntact infrmatin and insurance infrmatin with all parties invlved. Obtain the name and phne number f any witness at the scene. Phtgraph the scene f the accident and any damage sustained by the vehicles invlved. Make sure t take clse-up phtgraphs f the damage as well as wide angle phtgraphs f the entire accident scene. D nt admit r place blame, and d nt ffer infrmatin r discuss the accident with thers (except fr law enfrcement fficials). Obtain the name f any plice agency dispatched t the scene, any plice fficer names, reprt numbers, etc. Mst law enfrcement agencies will prvide an accident infrmatin card prviding the fficers name, reprt number, etc. Submit all reprts, statements, cameras, etc. t the Reliable Trucking, Inc. safety department immediately. Drivers are required by the Califrnia Department f Mtr Vehicles t reprt any vehicle accident ( whether r nt the driver caused the accident and even if the accident ccurred n private prperty) t the DMV within 10 days, if: Mre than $750 in damage was dne t the prperty f any persn. Anyne was injured (n matter hw slightly) r killed. The driver must make a reprt t the DMV using the Reprt f Traffic Accident Occurring in Califrnia frm SR-1. The CHP r plice will nt make this reprt fr yu. Drivers with questins will call and ask fr the SR-1 r g nline at Nte: Fr any accident invlving an injury r fatality, the driver must stay at the scene and fllw the instructin f the law enfrcement fficials. Under DOT regulatins, the driver must submit t a drug and alchl test. 23

24 MECHANICAL BREAKDOWN PROCEDURES These prcedures are a recmmended guideline fr Reliable Trucking, Inc. subhaulers t fllw in the event f a mechanical breakdwn ccurring with a Reliable Trucking, Inc. vehicle, trailer r ther equipment: The driver shuld mve the vehicle ut f the radway (if pssible) t prevent the pssibility f prperty damage and/r persnal injury. THE DRIVER SHOULD STAY IN THE VEHICLE UNTIL COMPLETELY OFF THE ROADWAY (if the driver must exit the vehicle while it is within the radway, use extreme cautin arund mving vehicles, etc.) Place warning cnes, triangle reflectrs and/r flares t the rear f the vehicle, as necessary t warn ncming traffic. Drivers shuld nt put themselves at risk f injury when placing warning devices n r near the radway. (See Insert, this page.) Ntify the head mechanic t arrange fr any mechanical services r transprtatin required. Ntify the supervisr/dispatcher immediately f the situatin and exact lcatin, and lad status. Nte: Dispatchers must ntify custmers f delays and make ther lad arrangements if necessary. It is nt recmmended t leave vehicles/trailers unattended unless abslutely necessary. If s, make sure keys are remved and all drs are lcked. Nte: Driver s hurs f service maximums may be exceeded in the event f an emergency situatin. Please refer t federal and/r state regulatins fr specifics. RELIABLE TRUCKING, INC. EMERGENCY CONTACT INFORMATION MAIN OFFICE (800) r (800) (Alternate) DISPATCH (925) MECHANIC SHOP (530) r (510) (Alternate) MECHANIC SHOP (530) r (510) (Alternate) Warning Device Placement ( CA Cmmercial Drivers Handbk) 24