Fill and Sign the Agreement Architect Form

Agreement with Architect to Design Building for Fixed Fee Agreement made this       day of       , 20       , between       , of       , (Name of Owner) (Street Address, City, County, State, Zip Code) referred to herein as the Owner, and       , of (Name of Architect)       , referred to herein as the Architect. (Street Address, City, County, State, Zip Code) The undersigned Owner and Architect hereby agree that this Agreement constitutes the terms and conditions under which Architect shall provide Architectural services for a       to be erected by Owner at (Describe)       . (Street Address, City, County, State, Zip Code) I. Services of Architect. A. Architect agrees to provide all Architectural, engineering, and consulting services except such field engineering services as may be employed and paid for by the contractor. B. The services of Architect shall include attendance at the necessary conferences, the preparation of preliminary studies, work drawings, specifications, large scale and full- sized detailed drawings, as may be required, the issuance of certificates for payment, the keeping of accounts, supervision of the work, and inspections during the guarantee period. In addition, the services of Architect shall include the preparation of drawings, specifications, and written opinions in connection with construction changes. II. Compensation. Owner agrees to pay Architect a total fee of $       , with       percent of the fee to be paid on the completion by Architect and the acceptance by Owner of the working drawings and specifications. The balance of the fee shall be paid monthly as the work progresses, at a rate equal to the percentage of completion. Any balance remaining shall be paid on completion. III. Expenses of Architect. A. Architect shall pay all expenses in connection with site planning, site engineering, as well as structural, mechanical, and special engineering pertinent to the preparation of the drawings and specifications or their interpretation, and the determination or compliance, as may be required in the completion of the project. B. Architect agrees to provide for the cost of transportation and living incurred by him and his assistants or associates while traveling in the discharge of duties connected with the work under this Agreement. IV. Certification of Drawings. Owner has furnished Architect with a current, dated certified Agreement with Architect to Design Building for Fixed Fee Page 1 of 4 topographic survey of the project site and adjacent land and facilities, and Architect certifies the drawings will be based on such survey. V. Expenses of Owner. Owner will authorize and pay for test borings or pits and consultation with a soils engineer and for chemical, mechanical, or laboratory tests, when and as required, but not including tests specifically required under the construction contract . VI. Ownership of Damages. Drawings and specifications as instruments of service shall be the property of Architect, regardless of whether the work for which they are made is executed, and their use for any other project is not authorized. VII. Architect’s Duties to Advise, Supervise and Inspect. A. Architect will advise Owner in writing of any omissions, substitutions, defects, and deficiencies noted in the work of contractors, but does not guarantee the performance of their contract. B. The supervision of Architect is to be distinguished from the continuous personal supervision to be obtained by a resident inspector. Architect or is agent shall visit the project once a week, or more often when the nature and progress of the work and the interests of Owner require an increase in the frequency of such visits. C. There shall be a guarantee period of       months, during which Architect (Number) shall inspect the project for evidence of faulty materials and quality of work. The landscape work and the heating and cooling systems shall be inspected by Architect in appropriate season. The project in general shall be inspected at or about the       (Number) month after completion and, in addition, Architect shall make such other inspections and perform services as may be necessary and incidental to the requirements of the drawings and specifications. D. When authorized by Owner, a resident inspector, satisfactory to both Owner and Architect, shall be employed by Architect at a salary satisfactory to Owner, who shall reimburse Architect for such salary, in addition to the Architect's fee previously agreed upon. VIII. Certificates of Architect. Architect's certificates evidencing recent inspection and acceptability of the work, and certifying as to the validity of requested payments shall be executed simultaneously with requests for advances for payment covering construction cost or monthly reports of progress and compliance when advances during construction are not requested. The above-stated certificates shall be based on personal inspection of the work by Architect or       agent. The name of the agent shall be indicated when an inspection is (His/ Her) made by the agent for Architect. IX. Termination of Agreement. Agreement with Architect to Design Building for Fixed Fee Page 2 of 4 A. Either Architect or Owner may, on       days' prior written notice to the other (Number) party, terminate this Agreement for reason of noncompliance with any of the provisions of this Agreement by the other party. B. In the event of termination, Architect shall be entitled to only the prescribed portion of fee determined by the percentage of the construction completed. X. 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. XI. Construction Changes – Costs and Duties. A. Owner agrees to pay, in addition to the contract price, the cost of any supplementary drawings required by reason of construction changes agreed to by both parties. B. It is understood that Architect, under the terms of this Agreement, will review and act in an advisory capacity in connection with each construction change submitted by Owner and will prepare a letter indicating his opinion as to the acceptability and effect of each change without additional cost to Owner . XII. Architect’s Certification of Interest. Architect certifies that he is an independent practitioner having no identity of interest with the builder, and that Architect does not have any financial interest in the project or the real estate on which it is to be constructed other than the fee he has received or is to receive under this Agreement. XIII. Severability. The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision. XIV. 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. XV. Governing Law. This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of       . (Name of State) XVI. Notices. Unless provided herein to the contrary, any notice provided for or concerning this Agreement shall be in writing and shall be deemed sufficiently given when sent by certified Agreement with Architect to Design Building for Fixed Fee Page 3 of 4 or registered mail if sent to the respective address of each party as set forth at the beginning of this Agreement. XVII. 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. XVIII. E ntire 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. XIX. 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. XX. 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. XXI. 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. XXII. Compliance with Laws. In performing under this Agreement, all applicable governmental laws, regulations, orders, and other rules of duly-constituted authority will be followed and complied with in all respects by both parties. Witness our signatures as of the day and date first above stated. By: By: (Signature of Owner) (Signature of Architect)             (P rinted Name of Owner) (P rinted Name of Architect) Agreement with Architect to Design Building for Fixed Fee Page 4 of 4