Fill and Sign the Contract Equipment Sample Form

Contract with Independent Contractor for Maintenance of Heavy Equipment Heavy Equipment A greement made _______________________________ (date) , between _____________________________________________ (name of corporation) , a corporation organized and existing under the laws of ___________________________ (state) , with its principal office located at ______________________________________ ________________________________________________________________________ ____________ (street address, city, county, state, zip code) , hereinafter called Company , and _______________________________________ (name of contractor) , a corporation organized and existing under the laws of ________________________________ (state) , with its principal office located at ____________________________________________ ________________________________________________________________________ ___________ (street address, city, county, state, zip code) , hereinafter called C ontractor . Whereas, Company owns or operates, or both, cranes used for construction of multi-story buildings and related structures primarily in the (e.g., southwestern United States) __________________________________________; and Whereas, Contractor is in the business of maintaining such cranes and similar such heavy construction equipment, said cranes and equipment being hereafter called Equipment ; and Whereas, Company desires to hire Contractor to maintain and service its Equipment; Now, therefore, for and in consideration of the mutual covenants contained in this Agreement, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Term of Contract Either party may cancel this contract on _______ (number) days' written notice to the other party. In the absence of such cancellation, this contract shall remain in full force and effect for a term of _____________________ (specify number of weeks, or months) from the date of execution of this contract, and subsequently from month to month until cancelled in accordance with the terms of this contract. 2. Description of Work The services contemplated to be performed by Contractor shall include all services generally performed by Contractor on such Equipment including such other services as may be listed on Schedule A attached hereto and signed by both parties. the attached schedule. The work to be performed, the services rendered, and the materials to be furnished by Contractor will be designated by Company from time to time during the term of this Agreement. Contractor agrees to begin work immediately on any particular job after being advised by Company of the particular work to be performed. 3. Delivery and Work Tickets Delivery tickets covering any material or supplies furnished by, or chargeable to, Company at any job performed under this Agreement shall be delivered to Company's authorized representative each day, with the Contractor's work ticket. The quantity, description, and condition of materials and supplies so furnished shall be checked by Contractor, or by Contractor's representative, and the tickets shall be properly certified by Contractor, or by Contractor's representative. All work performed by Contractor shall be recorded daily on work tickets and the classification of the work and applicable rates shown on the tickets. Such work tickets shall be delivered daily to Company's authorized representative, and such work tickets must be approved by Company's representative before Contractor shall be entitled to payment. 4. Price Schedules On the completion of any particular job to be performed, in accordance with the terms of this Agreement and after satisfactory evidence has been submitted to Company that all bills incurred by Contractor for labor or material in connection with such work have been paid, Company agrees to pay Contractor for services rendered in accordance with the schedule of prices attached as Schedule B, and made a part of this Agreement. The rates and prices set forth in the attached schedule of prices are subject to change by either party on ________ (number) days' written notice to the other party. The rates to be paid to Contractor by Company for the actual performance of the work shall be in lieu of any charges for materials or supplies furnished by Contractor for use in the work, and in lieu of any charges for transportation of tools, equipment, labor, or the time required to transport tools, equipment, and labor to and from the job, unless otherwise specified in the schedule of prices, or unless otherwise designated in writing by Company's duly authorized representative. For materials and supplies furnished by Contractor at Company's request, other than the foregoing, Company agrees to pay to Contractor, on completion of the particular job, the actual cost of such materials at the job site. 5. Safety Provisions Contractor shall furnish, at Contractor's expense, proper and adequate equipment, machinery , tools, and supplies necessary to perform all jobs and services in a safe, competent, and diligent manner, and shall provide and have available at all times for use by Contractor's employees engaged in the performance of such work all safety appliances needed for the maximum protection of Contractor's employees against injuries. In case of unreasonably slow progress, carelessness, inattention, or incompetency in the performance of any particular job or work here contracted for, or in the event of a breach by Contractor of any of the provisions of this contract, or in the event Contractor shall conduct such work in a manner as, in the sole opinion of Company's representative, shall endanger Company's well, equipment, property, or surrounding property, Company shall have the right to terminate this contract immediately and all its obligations under this Agreement, paying Contractor for work performed to time of termination in accordance with the terms of this Agreement. 6. Insurance Contractor will carry and maintain throughout the period of this Agreement, at Contractor's sole cost, workers compensation and employer's liability insurance in an approved company or companies, to cover all classifications of work contemplated under this agreement, and also will carry and maintain throughout the period of this agreement public liability insurance in an approved company or companies, with limits of at least $__________________ (Amount) for each person, and $________________ (Amount) for each accident. Certificates of insurance coverage shall be furnished Company within _______ (number) days from the date of this Agreement. Such insurance shall be adequate to protect both Contractor and Company from all liability on account of injury or damage done to the persons or property of any and all persons during or in consequence of the performance of the services contracted for in this Agreement. The maintenance of such insurance will not in any manner affect Contractor's obligation to indemnify Company , as provided in Section 7 below, but maintenance of such approved insurance shall be a condition precedent to the payment to Contractor of the compensation for the work and services provided for in this Agreement. 7. Independent Contractor Relationship In performance of this Agreement, Contractor is an independent contractor, the Company being interested only in the result obtained, and the manner and means of conducting such work will be under the sole control of Contractor . However, all work performed under this Agreement will be done in accordance with the provisions of this Agreement and be subject to the continuing right of inspection by Company's representatives. Contractor will be entirely and solely responsible for all acts and the acts of Contractor's agents, employees and subcontractors, while engaged in the performance of the work contracted for in this agreement. Contractor , personally and for all heirs, successors, or assigns, agrees to indemnify and save harmless Company , absolutely and without limit, against all claims, demands, suits, or judgments, asserted, made, or recovered by any and all persons on account of the acts or omissions of Contractor , Contractor's agents, employees, or subcontractors, during the performance of the work contracted for in this Agreement. Similarly, Contractor agrees to indemnify Company for loss or damage to any of Company's property or equipment used or obtained in connection with the work to be performed under this agreement. 8. Compliance with Laws and Regulations In the performance of work provided for in this agreement, Contractor agrees that it shall be conducted in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, both state and federal. Contractor assumes full responsibility for the payment of all contributions, payroll taxes, or assessments, state or federal, as to all employees engaged in the performance of work under this agreement, and further agrees to meet all requirements that may be specified under regulations of administrative officials or bodies charged with enforcement of any state or federal laws on this subject. Contractor further agrees to furnish Company, on request, a certificate or other evidence of compliance with state or federal laws covering contributions, taxes, and assessments on payrolls. Contractor assumes and agrees to pay any and all gross receipts, compensating, use, transaction, sales, or other taxes or assessments of whatever nature or kind levied or assessed as a consequence of the work to be performed or on the compensation to be paid under this Agreement. 9. No Waiver The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred. 10. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________________. 11. Notices Any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. 12. Attorney’s Fees In the event that any lawsuit is filed in relation to this Agreement, the unsuccessful party in the action shall pay to the successful party, in addition to all the sums that either party may be called on to pay, a reasonable sum for the successful party's attorney fees. 13. Mandatory Arbitration Any dispute under this Agreement shall be required to be resolved by binding arbitration of the parties hereto. If the parties cannot agree on an arbitrator, each party shall select one arbitrator and both arbitrators shall then select a third. The third arbitrator so selected shall arbitrate said dispute. The arbitration shall be governed by the rules of the American Arbitration Association then in force and effect. 14. Entire Agreement This Agreement shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of this Agreement shall not be binding upon either party except to the extent incorporated in this Agreement. 15. Modification of Agreement Any modification of this Agreement or additional obligation assumed by either party in connection with this Agreement shall be binding only if placed in writing and signed by each party or an authorized representative of each party. 16. Assignment of Rights The rights of each party under this Agreement are personal to that party and may not be assigned or transferred to any other person, firm, corporation, or other entity without the prior, express, and written consent of the other party. 17. Counterparts This Agreement may be executed in any number of counterparts, each of which shall be deemed to be an original, but all of which together shall constitute but one and the same instrument. WITNESS our signatures as of the day and date first above stated. ___________________________________ ____________________________________ (Name of Company) (Name of Contractor) By: _______________________________ By: ________________________________ ___________________________________ ____________________________________ (P rinted Name & Office in Corporation) (P rinted Name & Office in Corporation) ___________________________________ ____________________________________ (Signature of Officer) (Signature of Officer) (Attach Schedules A and B)