Fill and Sign the Massachusetts Self Employed Form

SECURITY CONTRACT THIS SECURITY CONTRACT (the Contract ), effective as of the date of the last party to sign below, is between _____________________ (Name of Contractor) , having an address at ____________________________________________________________________________ _______________________ (street address, city, county, state, zip code) , (the Contractor ) and ____________________________ (Name of Owner) , having an address at ___________ ____________________________________________________________________________ (street address, city, county, state, zip code) , ( the Owner ). For valuable consideration the parties hereby agree as follows: 1. SCOPE OF WORK: Security work is the evaluation, set-up, installation, maintenance and repair of doors and door assemblies, gates, locks and locking devices, panic and fire rated exit releases, jail and prison locking devices, safes, vaults and alarm systems. Contractor shall provide all necessary security labor and materials, and perform all security work described above and/or as set forth in the plans and specifications signed by both Owner and Contractor ( Project ). Such plans and specifications are hereby made a part of this Contract and may contain pictures, diagrams and measurements of the work area together with a description of the work to be done, materials to be used, and the equipment to be used or installed. 2. WORK SITE: The Project shall be constructed on the property of Owner located at ____________________________________________________________________________ _______________________________ (street address, city, county, state, zip code) , and more particularly described as (add any further description needed) (hereafter the Work Site). Owner hereby authorizes Contractor to commence and complete the usual and customary excavation and grading on the Work Site as may be required in the judgment of the Contractor to complete the Project. Unless called for in the plans or specifications, no ________________ landscaping, finish grading, filling or excavation is to be performed at the Work Site by the Contractor. 3. TIME OF COMPLETION: Contractor shall commence the work to be performed under this Contract on or before ________________________ (date) , and shall substantially complete the work on or before ________________________ (date) . Contractor shall not be liable for any delay due to circumstances beyond its control including strikes, casualty, acts of God, illness, injury, or general unavailability of materials. 4. PERMITS: Contractor shall apply for and obtain such permits and regulatory approvals as may be required by the local municipal/county government, the cost thereof shall be included as part of the Project price. 5. INSURANCE: Contractor shall maintain general liability and workers compensation insurance. 6. SURVEY AND TITLE: If the Project is near the Owner ’s property boundary, Owner will point out property lines to the Contractor . If the Owner or Contractor has any doubt about the location of the property lines, Owner shall provide Contractor with boundary stakes through a licensed surveyor. In addition, Owner shall provide Contractor documentation that Owner has title to the Work Site and shall provide Contractor copies of any covenants, conditions, or restrictions that affect the Work Site. 7. CHANGES TO SCOPE OF WORK: Owner may make changes to the scope of the work, including changes to the plans and specifications, from time to time during the construction of the Project . However, any such change or modification shall only be made by written Change Order signed by both parties. Such Change Orders shall become part of this Contract. Owner agrees to pay any increase in the cost of the Project as a result of a Change Order. In the event the cost of a Change Order is not known at the time a Change Order is executed, the Contractor shall estimate the cost thereof and Owner shall pay the actual cost whether or not it is in excess of the estimated cost. 8. CONTRACT PRICE: {COST PLUS} Owner agrees to pay Contractor the actual cost to Contractor of materials plus the sum of $______________for performing the services set forth in the scope of the work. Contractor shall be paid as follows: (describe) _______________________________________________ ____________________________________________________________________________ ____________________________________________________________________________. OR {FIXED FEE} Owner agrees to pay Contractor the sum of $____________ for performing the services set forth in the scope of the work. Contractor shall be paid as follows: (describe) ______________ ____________________________________________________________________________ ____________________________________________________________________________. Contractor shall furnish Owner appropriate releases or waivers of lien for all work performed or materials provided at the time the next periodic payment shall be due. 9. LATE PAYMENT/DEFAULT: A failure to make payment for a period in excess of ten (10) days from the due date shall be deemed a material breach of this Contract. If payment is not made when due, Contractor may suspend work on the job until such time as all payments due have been made without breach of the Contract pending payment or resolution of any dispute. Owner agrees to pay a late charge of 1% of all payments that are more than ten (10) days late plus interest at the rate of 1% per month. 10. DESTRUCTION AND DAMAGE: If the Project is destroyed or damaged for any reason, except where such destruction or damage was caused by the sole negligence of the Contractor or its subcontractors, Owner shall pay Contractor for any additional work done by Contractor in rebuilding or restoring the Project to its condition prior to such destruction or damage. If the estimated cost of replacing work already accomplished by Contractor exceeds 20 percent of the Contract price, either the Contractor or Owner may terminate this Contract. Upon termination by either party, Contractor shall be excused from further performance under this Contract and Owner shall pay Contractor a percentage of the Contract price in proportion to the amount of work accomplished prior to the destruction or damage. 11. ASSIGNMENT: Neither party may assign this Contract, or payments due under the Contract, without the other party’s written consent. Any such assignment shall be void and of no effect. 12. INTERPRETATION: A. Interpretation of Documents. The Contract, plans, and specifications are intended to supplement one another. In the event of a conflict, the specifications shall control the plans, and the Contract shall control both. If work is displayed on the plans but not called for in the specifications, or if the work is called for in the specifications but not displayed on the plans, Contractor shall be required to perform the work as though it were called for and displayed in both documents. B. Entire Agreement. This Contract constitutes the entire agreement of the parties. No other agreements, oral or written, pertaining to the work to be performed under this Contract exists between the parties. This Contract may only be modified by a written agreement signed by both parties. C. Governing Law. This Contract shall be interpreted and governed in accordance with the laws of the State of Massachusetts. 13. ATTORNEYS’ FEES AND COSTS: If any party to this Contract brings a cause of action against the other party arising from or relating to this Contract, the prevailing party in such proceeding shall be entitled to recover reasonable attorney fees and court costs. 14. PERFORMANCE: A. Contractor may, at its discretion, engage licensed Contractor s to perform work pursuant to this Contract provided Contractor shall remain fully responsible for the proper completion of the Project . B. All work shall be completed in a workman-like manner and in compliance with all building codes and applicable laws. To the extent required by law, all work shall be performed by individuals duly licensed and authorized by law to perform said work. C. Contractor agrees to remove all debris and leave the premises in broom clean condition. 15. WARRANTY: Contractor 's warranty shall be limited to defects in workmanship within the scope of work performed by Contractor and which arise and become known within one (1) year from the date hereof. All said defects arising after one (1) year and defects in material are not warranted by Contractor . Contractor hereby assigns to Owner all warranties on materials as provided by the manufacturer of such materials. 16. REQUIRED NOTICES: Attached hereto is provided required disclosure to Owner pursuant to Massachusetts law. 17. LIQUIDATED DAMAGES: The parties agree that in the event Owner suffers any damages as a result of Contractor’s breach of contract or negligence, it would be impractical and extremely difficult to anticipate or fix Owner’s actual damages. Therefore Owner agrees to accept $_____________ in full and final damages in the event of Contractor’s breach or negligence. 18. LIMITATION OF LIABILITY: Should there arise any liability on the part of the Contractor as a result of its breach of contract or negligence, the parties agree that Contractor’s liability shall be limited to $______________. OR 19. INDEMNITY Owner agrees to and shall indemnify and hold harmless Contractor , its employees, agents and subcontractors, from and against all claims, lawsuits, including those brought by third parties or Owner , including reasonable attorneys' fees, and losses asserted against and alleged to be caused by Contractor 's performance, negligent performance or failure to perform its obligations under this agreement. Witness our signatures this ________________________ (date) . __________________________ __________________________ Contractor Owner