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L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING CONTRACT RECITALS L. Riley Trucking hereinafter referred to as "Carrier," desires the services of: Name ------------------------------------------- Cell~ _ Phone ---------------------------------- Fax ---------------------------------------- Email ---------------------------------------------------------------------------- Address _ City, State Zip _ FEDERAL ID/SS# CA# _ as a Sub-Hauler for the transportation of rock, gravel, sand, earth, cement, and other similar materials, and _________________________________ (your name), hereinafter referred to as "Sub-Hauler," desires as an independent contractor to act as a Sub-Hauler. Now, therefore in consideration of the mutual purposes herein contained, the Carrier and Sub-Hauler agree as follows: 1. Sub-Hauler represents and warrants that he (it) is engaged in the trucking business and owns trucks used in the conduct of his (its) business and that he (it) will maintain said equipment in compliance with the requirements of all regulatory bodies. 2. Sub-Hauler represents and warrants that he (it) is the holder of all necessary State, Federal, County and City certificates, permits and licenses, which are required to conduct the business of transportation for hire. This is to include Federal Regulation requirements that Sub- Hauler and all of the Sub-Hauler drivers are enrolled in a random drug and alcohol testing program, and that Sub-Hauler has complied with all Highway Patrol supervised program requirements which include the BIT (for all owner/operators equipment) and the Pull Notice (if Sub-Hauler has hired drivers), and will provide proof of all enrollments to Carrier. 3. Sub-Hauler represents and warrants that he (it) is fully protected by Workmen's Compensation, public liability and property damage ($1,000,000 combined single limit) insurance, and will continue in effect said coverage while acting as a sub-hauler hereunder and will furnish to Carrier satisfactory evidence of such coverage, and further agrees to indemnify and hold harmless Carrier from all claims or demands of any kind except the payment of compensation due to Sub-Hauler for hauling. Sub-Hauler agrees to name Carrier additionally insured under said Sub-Hauler's public liability and property damage insurance policy. 4. Carrier shall notify Sub-Hauler of material to be transported and of the time and location of the place to load same all within reasonable time prior to the required delivery time and thereafter Sub-Hauler will without delay cause said property to be transported to the place designated by Carrier, or its representative. 5. Carrier shall have no control over the vehicles or truck drivers or others used or employed by Sub-Haulers provided, however, Sub-Hauler agrees to employ capable and responsible employees to operate its vehicles safely and expeditiously, and to maintain his (its) vehicles so as to efficiently perform the services required. Sub-Hauler also warrants that he, she or it will provide an owner operated vehicle (not a hired driver) on any job that requires an owner operator. Sub-Hauler also warrants that in the event a "hired driver" works on an owner operated only job that he, she or it will provide the Carrier with certified payroll on the hired driver at prevailing wage. If Sub-Hauler is also a broker, said Sub-Hauler will provide certified payroll on all of the owner operators who pull Sub-HaulerlBroker's trailers. 6. Sub-Hauler shall maintain and operate his (its) vehicles and the employees at his (its) sole expense and shall pay any and all charges arising, including but not restricted to: labor, fuel, repairs, any and all insurance, permits, and taxes. Moneys advanced by Carrier on behalf of Sub-Hauler shall be immediately deducted from any amount due to Sub-Hauler. 7. Sub-Hauler is and hereby declares himself (itself) to be an independent contractor, and any and all employees are his (its) employees. 8. Carrier and Sub-Hauler acknowledge and agree that the working relationship between the two independent companies is occasional and voluntary, and that the terms of this agreement only apply when said Sub-Hauler is working for L. RILEY TRUCKING. Sub-Hauler does not forfeit his right to work for other carriers by signing this contract, not is Sub-Hauler obligated in any way to work for Carrier by signing this contract. 9. Carrier agrees to pay Sub-Hauler for services performed in the transportation of materials a sum equal to 90% of the gross for the specific haul, unless other arrangements are agreed to, between the parties in writing. 10. Sub-Hauler authorizes Carrier to withhold from any moneys due to Sub-Hauler any amounts due Carrier for repairs or maintenance, gasoline, fuel oil, labor, tires, or merchandise purchased by Sub-Hauler or his (its) employees, when charges to or authorized by Carrier, as well as any amounts for which Carrier may be liable by failure to conform to the terms of this agreement. 11. This agreement will commence on and terminate upon written or verbal notice given by either party, at any time, for any reason. Unless so terminated, this agreement shall be continuous until canceled or amended. 12. This agreement can only be amended or changed in writing executed by all parties. 13. Sub-Hauler agrees to and does hereby indemnify and save harmless Carrier from any and all loss, liability, damage or expense including reasonable attorney fees which Carrier may suffer or incur from any act of omission of Sub-Hauler. 14. Sub-Hauler shall pay all fees, licenses, taxes, and fines necessary or incidental to the performance of transportation performed. Executed in duplicate this day of 20 _ By L. RILEY TRUCKING By: _

L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

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Page 1: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

L. RILEY TRUCKING23746 Livewood Lane, Harbor City, CA 90710

Office: (323) 353-9332Fax: (310) 530-1740

SUB HAULING CONTRACT RECITALS

L. Riley Trucking hereinafter referred to as "Carrier," desires the services of:

Name -------------------------------------------Cell~ _

Phone ----------------------------------Fax ----------------------------------------

Email ----------------------------------------------------------------------------Address _

City, State Zip _

FEDERAL ID/SS# CA# _

as a Sub-Hauler for the transportation of rock, gravel, sand, earth, cement, and other similar materials, and_________________________________ (your name), hereinafter referred to as "Sub-Hauler," desires as an independent contractor to act asa Sub-Hauler.

Now, therefore in consideration of the mutual purposes herein contained, the Carrier and Sub-Hauler agree as follows:1. Sub-Hauler represents and warrants that he (it) is engaged in the trucking business and owns trucks used in the conduct of his (its)

business and that he (it) will maintain said equipment in compliance with the requirements of all regulatory bodies.2. Sub-Hauler represents and warrants that he (it) is the holder of all necessary State, Federal, County and City certificates, permits and

licenses, which are required to conduct the business of transportation for hire. This is to include Federal Regulation requirements that Sub-Hauler and all of the Sub-Hauler drivers are enrolled in a random drug and alcohol testing program, and that Sub-Hauler has complied withall Highway Patrol supervised program requirements which include the BIT (for all owner/operators equipment) and the Pull Notice (ifSub-Hauler has hired drivers), and will provide proof of all enrollments to Carrier.

3. Sub-Hauler represents and warrants that he (it) is fully protected by Workmen's Compensation, public liability and property damage($1,000,000 combined single limit) insurance, and will continue in effect said coverage while acting as a sub-hauler hereunder and willfurnish to Carrier satisfactory evidence of such coverage, and further agrees to indemnify and hold harmless Carrier from all claims ordemands of any kind except the payment of compensation due to Sub-Hauler for hauling. Sub-Hauler agrees to name Carrier additionallyinsured under said Sub-Hauler's public liability and property damage insurance policy.

4. Carrier shall notify Sub-Hauler of material to be transported and of the time and location of the place to load same all within reasonabletime prior to the required delivery time and thereafter Sub-Hauler will without delay cause said property to be transported to the placedesignated by Carrier, or its representative.

5. Carrier shall have no control over the vehicles or truck drivers or others used or employed by Sub-Haulers provided, however, Sub-Hauleragrees to employ capable and responsible employees to operate its vehicles safely and expeditiously, and to maintain his (its) vehicles soas to efficiently perform the services required. Sub-Hauler also warrants that he, she or it will provide an owner operated vehicle (not ahired driver) on any job that requires an owner operator. Sub-Hauler also warrants that in the event a "hired driver" works on an owneroperated only job that he, she or it will provide the Carrier with certified payroll on the hired driver at prevailing wage. If Sub-Hauler isalso a broker, said Sub-Hauler will provide certified payroll on all of the owner operators who pull Sub-HaulerlBroker's trailers.

6. Sub-Hauler shall maintain and operate his (its) vehicles and the employees at his (its) sole expense and shall pay any and all chargesarising, including but not restricted to: labor, fuel, repairs, any and all insurance, permits, and taxes. Moneys advanced by Carrier on behalfof Sub-Hauler shall be immediately deducted from any amount due to Sub-Hauler.

7. Sub-Hauler is and hereby declares himself (itself) to be an independent contractor, and any and all employees are his (its) employees.8. Carrier and Sub-Hauler acknowledge and agree that the working relationship between the two independent companies is occasional and

voluntary, and that the terms of this agreement only apply when said Sub-Hauler is working for L. RILEY TRUCKING. Sub-Hauler doesnot forfeit his right to work for other carriers by signing this contract, not is Sub-Hauler obligated in any way to work for Carrier bysigning this contract.

9. Carrier agrees to pay Sub-Hauler for services performed in the transportation of materials a sum equal to 90% of the gross for the specifichaul, unless other arrangements are agreed to, between the parties in writing.

10. Sub-Hauler authorizes Carrier to withhold from any moneys due to Sub-Hauler any amounts due Carrier for repairs or maintenance,gasoline, fuel oil, labor, tires, or merchandise purchased by Sub-Hauler or his (its) employees, when charges to or authorized by Carrier, aswell as any amounts for which Carrier may be liable by failure to conform to the terms of this agreement.

11. This agreement will commence on and terminate upon written or verbal notice given by either party, atany time, for any reason. Unless so terminated, this agreement shall be continuous until canceled or amended.

12. This agreement can only be amended or changed in writing executed by all parties.13. Sub-Hauler agrees to and does hereby indemnify and save harmless Carrier from any and all loss, liability, damage or expense including

reasonable attorney fees which Carrier may suffer or incur from any act of omission of Sub-Hauler.14. Sub-Hauler shall pay all fees, licenses, taxes, and fines necessary or incidental to the performance of transportation performed.

Executed in duplicate this day of 20 _

By L. RILEY TRUCKING By: _

Page 2: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

L. RILEY TRUCKING23746 Livewood Lane, Harbor City, CA 90710

Office: (323) 353-9332Fax: (310) 530-1740

Dear Sub-Hauler:

THE FOLLOWING INFORMATION MUST BE RECEIVED BEFORE WORK IS DISPATCHED:

Signed Sub-Haul Agreement

Copy of valid Motor Carrier Permit and Certificate of Compliance (attached)

Certificate of Insurance naming L. Riley Trucking as additionally insured

Additionally Insured Endorsement naming L. Riley Trucking as additionally insured (must be maileddirectly from insurance company)

Certificates of Worker's Compensation Insurance (if you have employees) or signed Declaration ofOwner-Operator

Proof of your BIT Enrollment (call CHP at 800-735-2922 to verify enrollment and request proof)

Proof of your Pull Notice (if you have employees)

Signed W-9 Tax Form

Copy of valid Vehicle Registration (for all trucks L. Riley Trucking will dispatch)

Copy of valid Driver's License, Social Security Card, and Medical Card

Copy of Certification or Proof of enrollment in a Random Drug and Alcohol Testing Program asmandated by Federal Regulation. (You can call C-DATA at 800-820-9314 or another program of yourchoice)

Other: ----------------------------------------------------------------

IF WE DO NOT HAVE THESE RECORDS ON FILE (AND UP TO DATE), WE WILL NOTUSE YOU, AND CHECKS WILL NOT BE MAILED OUT.

ALL TICKETS (FREIGHT BILLS) MUST BE MAILED IN OR DELNERED BI-WEEKLY.

THE LAST WEEK OF THE MONTH, TICKETS MUST BE MAILED OR DROPPED OFF ATTHE OFFICE DAILY. IF TICKETS ARE NOT RECEIVED BY THE 3RD DAY OF THEFOLLOWING MONTH, PAYMENT IS NOT GUARANTEED.

MONTHLY STATEMENTS MUST BE TURNED IN BY THE 5TH OF EVERY MONTH TORECENE PAYMENT ON THE 25TH OF THE MONTH. IF NO STATEMENT IS RECEIVED, NOCHECKS WILL BE MADE OUT. STATEMENT MUST HAVE A TYPED PURCHASE ORDERNUMBER, AT THE TOP OF THE SHEET.

Page 3: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

L. RILEY TRUCKING23746 Livewood Lane, Harbor City, CA 90710

WORKER'S COMPENSATION AGREEMENT BETWEENL. RILEY TRUCKING AND:

(Sub-Hauler)

I , operate my business as an owner operator firm and I am notrequired by law to carry Worker's Compensation Insurance for myself.

I understand that I am not insured for worker's compensation under the policy of L. Riley Trucking orby any of the contractors whose job sites I may enter in the course of my work for L. Riley Trucking.I hold a valid CA#-------------------

Moreover, the certificate of insurance from (your insurancecarrier), naming L. Riley Trucking as the additional insured, clearly shows that I am an independentowner operator who is as a Sub-Hauler in relation to L. Riley Trucking.

Prior to working for L. Riley Trucking and/or hiring an employee to do so, I will obtain a worker'scompensation policy for said employee and furnish L. Riley Trucking with a certificate of insurance.

I certify that I have read and understand the above worker's compensation agreement and will complywith it. I declare under penalty and perjury under the laws of the State of California that theinformation I have provided is true and correct.

Sincerely,

Name ----------------------

Signature _

Date of Execution -------------------

Page 4: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

STATE OF CALIFORNIA· DEPARTMENT OF TRANSPORTATION

TRUCK OWNER-OPERATOR CERTIFICATION OF OWNERSHIPCEM-2510 (REV 1212006)

Caltrans Contract Number Project Location

SECTION 1

I. • am the registered owner or lessee of the vehicle listed below:---------------------------------------------------

Business Name: _

Name of Registered Owner: _

Name of Driver: _

Driver License Number: _

Address: _

City. State. Zip: _

Description of Truck:(Example: 5-axle Dump Truck)---------------------------------------

MCP Number: _

Truck CA Number: _

Truck License Number: _

SECTION 2

I. . do hereby certify under penalty of perjury that I am the owner of this-----------------------------------------vehicle. that I am an independent owner operating this vehicle as an owner-operator. and that I am not employed by any trucking company.broker. or contractor as an employee in accordance with the Fair Labor Standards Act. Employee Relationship.

DateSignature of Owner

SECTION 3

I. • do hereby certify under penalty of perjury that I have the sole use and------~--~~--~~~--------------------------(Name of Owner-Operator)

discretion of this vehicle during the time period specified in my lease agreement with ~--___=_,------,------------------------~(Name of Lessor)

Signature of Lessee Date

PLEASE COMPLETE ALL INFORMATION ON SECTION 1 andEITHER SECTION 2 OR SECTION 3

ADA N f For individuals with sensory disabilities. this document is available in altemate formats. For information call (916) 654-6410 or TOO (916)o Ice 654-3880 or write Records and Forms Management, 1120 N Street, MS-89, Sacramento, CA 95814.

Page 5: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

Form W-9 Request for Taxpayer Give form to the(Rev. November 2005) Identification Number and Certification requester. Do notDepartment of the Treasury send to the IRS.Internal Revenue Service

C\i Name (as shown on your income tax return)Q)

OltIlc. Business name, if different from abovec0

Q) IIIc.§ o Individual! o Corporation 0 Partnership 0 - .... - .. - ... - ..... 1

o Exempt from backup~:;:; Other ~•..u Check appropriate box: Sole proprietor withholding02

Address (number, street, and apt. or suite no.) Requester's name and address (optional).•...•..C III.- C'-- L. Riley TruckingD..u

I;:: City, state, and ZIP code 23746Livewood Lane'0Q) Harbor City, Ca.90710Q,fI)

List account number(s) here (optional)Q)Q)

CI)mD Taxpayer Identification Number (TIN)

Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoidbackup withholding. For individuals, this is your social security number (SSN). However, for a residentalien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it isyour employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.

Note. If the account is in more than one name, see the chart on page 4 for guidelines on whosenumber to enter.

Certification

tttn:LLLJJor

Under penalties of perjury, I certify that:

1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and

2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the IntemalRevenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS hasnotified me that I am no longer subject to backup withholding, and

3. I am a U.S. person (including a U.S. resident alien).

Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backupwithholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirementarrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you mustprovide your correct TIN. (See the instructions on page 4.)

Sign I Signature ofHere .. u.s.person ~ Date ~

Purpose of FormA person who is required to file an information return with theIRS, must obtain your correct taxpayer identification number(TIN) to report, for example, income paid to you, real estatetransactions, mortgage interest you paid, acquisition orabandonment of secured property, cancellation of debt, orcontributions you made to an IRA.

U.S. person. Use Form W-9 only if you are a U.S. person(including a resident alien), to provide your correct TIN to theperson requesting it (the requester) and, when applicable, to:

1. Certify that the TIN you are giving is correct (or you arewaiting for a number to be issued),

2. Certify that you are not subject to backup withholding, or3. Claim exemption from backup withholding if you are a

U.S. exempt payee.In 3 above, if applicable, you are also certifying that as a

U.S. person, your allocable share of any partnership incomefrom a U.S. trade or business is not subject to thewithholding tax on foreign partners' share of effectivelyconnected income.Note. If a requester gives you a form other than Form W-9 torequest your TIN, you must use the requester's form if it issubstantially similar to this Form W-9.

For federal tax purposes, you are considered a person if youare:

• An individual who is a citizen or resident of the UnitedStates,• A partnership, corporation, company, or associationcreated or organized in the United States or under the lawsof the United States, or• Any estate (other than a foreign estate) or trust. SeeRegulations sections 301. 7701-6(a) and 7(a) for additionalinformation.

Special rules for partnerships. Partnerships that conduct atrade or business in the United States are generally requiredto pay a withholding tax on any foreign partners' share ofincome from such business. Further, in certain cases where aForm W-9 has not been received, a partnership is required topresume that a partner is a foreign person, and pay thewithholding tax. Therefore, if you are a U.S. person that is apartner in a partnership conducting a trade or business in theUnited States, provide Form W-9 to the partnership toestablish your U.S. status and avoid withholding on yourshare of partnership income.

The person who gives Form W-9 to the partnership forpurposes of establishing its U.S. status and avoidingwithholding on its allocable share of net income from thepartnership conducting a trade or business in the UnitedStates is in the following cases:• The U.S. owner of a disregarded entity and not the entity,

Form W-9 (Rev. 11-2005)Cat. No. 10231X

Page 6: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

MOTOR CARRIER OF PROPERTYCERTIFICATE OF COMPLIANCECHP 809 (Rev. 2-98) OPI 062

I, the undersigned, certify that(Contracted Carrier's Name)

holds a Motor Carrier of Property Permit, Number , which is valid through(CA Number) (Date)

a copy of which is attached. I further certify that I, or a company officer, will immediately notify users of this company's services if the permit is

suspended, revoked, or is otherwise rendered invalid.

Signature Printed Name

Title California Driver's License Number

Date

Services Provided For: _(Contracting Carrier's Name)

One copy of this certificate shall be provided to the person for whom services are provided (the contracting motor carrier); one copy shall beretained by the motor carrier of property (the contracted motor carrier). Copies shall be retained by both parties for the duration of the contractor period of service plus two years, and shall be presented for inspection upon the request of an authorized employee of the California HighwayPatrol or the Department of Motor Vehicles.

STATE OF CALIFORNIA

DEPARTMENT OF CALIFORNIA HIGHWAY PATROL

MOTOR CARRIER OF PROPERTYCERTIFICATE OF COMPLIANCECHP 809 (Rev. 2-98) OPI 062

I, the undersigned, certify that(Contracted Carrier's Name)

holds a Motor Carrier of Property Permit, Number -,-::-:-:-:--:--:- , which is valid through(CA Number) (Date)

a copy of which is attached. I further certify that I, or a company officer, will immediately notify users of this company's services if the permit is

suspended, revoked, or is otherwise rendered invalid.

Printed NameSignature

California Driver's License NumberTitle

Date

Services Provided For: -:-:----:-__ -::----:--:--:-:-_-:-- _(Contracting Carrier's Name)

One copy of this certificate shall be provided to the person for whom services are provided (the contracting motor carrier); one copy shall beretained by the motor carrier of property (the contracted motor carrier). Copies shall be retained by both parties for the duration of the contractor period of service plus two years, and shall be presented for inspection upon the request of an authorized employee of the California HighwayPatrol or the Department of Motor Vehicles.

Page 7: L. RILEY TRUCKINGlrileytrucking.com/NEW Sub-Haul Agreement.pdf · L. RILEY TRUCKING 23746 Livewood Lane, Harbor City, CA 90710 Office: (323) 353-9332 Fax: (310) 530-1740 SUB HAULING

L. RILEY TRUCKING23746 Livewood Lane, Harbor City, CA 90710

Please indicate the number of each type of truck you own:

SUPER TEN

FLATBED

TEN WHEELER

LOW SIDE / END DUMP

BOTTOM DUMP

mSIDE

EQUIPMENT RENTALS

OTHER: