Fill and Sign the Agreement Landscape Form

Agreement for Employment of Landscape Architect as an Independent Contractor Agreement made on the ___ day of ______________________, 20___, between ______________________________________________ (Owner) of _______________ ________________________________________________________________________ (street address, city, county, state, zip code) , referred to herein as Owner, and ______________________________________________ (Architect), of _____________ ________________________________________________________________________ (street address, city, county, state, zip code) , a Landscape Architect referred to herein as Architect. Whereas, Owner desires to retain Architect to provide landscape architectural services for the premises of Owner located at ___________________________________ ________________________________________________ (street address, city, county, state, zip code), hereinafter called Premises. 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: I. Services to be Performed Architect shall furnish professional services for Owner upon the terms and under the conditions contained in this Agreement. These services will consist of visits to the grounds, putting in plants, the preparation of preliminary studies, working drawings, large scale and full size drawings, attending necessary conferences, soliciting of bids, negotiation with contractors, and the general direction and supervision of the work. II. Supervision A. Supervision by Architect means such inspection by Architect, or his agent , of work performed on the Premises as he finds necessary to determine whether the work is being executed in general conformity with his drawings, specifications, and directions. B. Architect has authority to reject any part of the work that does not so conform and to order its removal and reconstruction. C. Architect has authority to act in emergencies that may arise in the course of construction, to order necessary changes, and to define the intent and meaning of the drawings and specifications. IV. Liability of Architect Architect is not responsible for delays of the contractor, nor for imperfections in the quality of work that may be covered up in the absence of the Architect or his assistants, nor for the failure of plants to grow. V. Drawings and Specifications Drawings and specifications, as instruments of service, shall be and remain the property of Architect . VI. Photographs Photographs of completed work may be made by Architect or agents, and should be considered as the property of landscape architect, and may be used by him for publication. VII. Dealings Between Owner and Contractor All dealings between Owner and the contractor should be transacted through Architect. VIII. Schedule of Charges The following schedule of charges applies for professional services rendered by Architect: A . Preliminary sketch plan: __________________ ( dollar amount) . B. General plan: _______________________ ( dollar amount) . C. Each personal visit of inspection or consultation by members of landscape architect's firm: ___________________ ( dollar amount) . D. For service in connection with the execution of works not of unusual size or character, a charge of _________ (percentage) of the total cost of the work will be made. E. For works costing less than ________________ ( dollar amount) , the charge will be a stated sum to be agreed upon in advance. IX. Total Cost The total cost of the work designates the cost of all labor and materials necessary to complete the work plus freight and transportation charges, plus contractor's profits and expenses as such costs would be if all the materials were purchased and all labor and materials fully paid for at market prices current when these were ordered. X. Compensation for Articles Designed Architect is entitled to compensation for his service in directing the purchase of articles designed by others as well as for directing the construction of articles designed by Architect. XI. Boundary Disputes, Surveys, and Maps The charges enumerated above do not cover engineering services in the determination of disputed boundary lines, the making of surveys, the preparation of topographical or contour maps, or quantity-surveys or measurements necessary to determine the compensation of the contractor. XII. Assistants On operations where a superintendent of construction is required, Architect may employ such assistants as necessary at owner's expense. XIII. 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. XIV. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ________________________________. XV. Mandatory Arbitration Notwithstanding the foregoing, and anything herein to the contrary, 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. XVI. 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. XVII. 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. XVIII. 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. XIX. 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. ___________________________________ ____________________________________ OWNER ARCHITECT