Fill and Sign the Construction Projects Form

Employment by Architectural Firm of Mechanical Engineer to Supervise Construction Projects Employment Agreement between ___________________ (Name of Employee) of ____________________________________________________________________ ________ (street address, city, state, zip code) , referred to herein as Employee , and ________________________ (Name of Employer) , a professional corporation organized and existing under the laws of the state of ______________, with its principal office located at _________________________________________________________ ____________ (street address, city, state, zip code) , referred to herein as Employer . Whereas, Employer is engaged in the business of professional engineering and architecture and maintains an office at the address set forth above; and Whereas, Employee is a mechanical engineer duly licensed and authorized to practice mechanical engineering in the state of __________________ (Name of State) ; and Whereas, Employee desires to accept employment to practice mechanical engineering as an Employee of Employer; 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. Employment and Duties A. Employer employs, engages, and hires Employee as a mechanical engineer and Employee accepts and agrees to such hiring, engagement, and employment, subject to the general supervision and pursuant to the orders, advice, and direction of Employer. B. Employee shall perform such other duties as are customarily performed by one holding such position in other, same, or similar businesses or enterprises as that engaged in by Employer, and shall also additionally render such other and unrelated services and duties as may be assigned to him from time to time by Employer. Such services shall include, but not be limited to supervising constructions projects which will involve inspecting the construction; reviewing plans; recommending approval of shop drawings and submittals; maintaining a daily log of construction activities; developing change orders including preparing cost estimates; and other construction engineering duties related to the construction projects to which he is assigned. C. Employee shall devote his full working time and attention to the practice of the profession of mechanical engineering for Employer. During the term of this Agreement, Employee shall not, without the written consent of Employer, directly or indirectly render services of a professional nature to or for any person or firm for compensation, or engage in any practice that competes with the interest of Employer. D. Employee shall perform his duties under this Agreement in accordance with the rules of ethics of the mechanical engineering profession. 2. Term The term of this Agreement shall begin on the above-stated effective date, and shall continue until terminated as provided in this Agreement. 3. Compensation For all services rendered by Employee under this Agreement, Employer shall pay Employee a basic salary of $ __________ per year, payable monthly in 12 equal installments beginning on the effective date of this Agreement and payable on the ________ (ordinal number) day of each month during the term of this Agreement. The basic salary may be changed by mutual Agreement of the parties at any time. 4. Expenses During the term of this Agreement, Employer shall pay all reasonable business expenses of Employee in accordance with the general policy of Employer including, but not limited to, (description of business expenses) ___________________________ _____________________________________________________________________. Additionally, Employer shall either advance sums to Employee to be used for expenses, or reimburse Employee for: (1) educational expenses incurred to maintain or improve Employee's professional skills, and for Employee's actual expenses for travel, room, and meals for attending professional conventions; and (2) professional entertainment and promotional expenses. Employee agrees to submit to Employer such documentation as may be necessary to substantiate such expenses. 5. Malpractice Insurance Employer shall purchase and maintain at its expense such comprehensive professional liability insurance coverage as it shall deem appropriate, covering the acts or omissions of Employee in the normal course of his employment. 6. Office Facilities Employer shall operate and maintain facilities, and shall provide at its expense, equipment and supplies, suitable to Employee's position and adequate for the performance of his duties under and pursuant to this Agreement. Further, Employer shall supply and pay for ______________________________ (types of personnel) reasonably needed by Employee in connection with his employment under and pursuant to this Agreement. 7. Record and Files All records and personal files concerning clients of Employer shall belong to and remain the property of Employer. On termination of his employment, Employee shall not be entitled to keep or reproduce Employer's records related to any client unless the client shall specifically request that his or her records be transmitted to Employee. 8. Fees All fees and compensation received or realized as a result of the rendition of professional services by Employee under and pursuant to this Agreement shall belong to and be paid and delivered to Employer. 9. Benefits, Vacation, Leaves of Absence, and Sick Leave - See Appendix A 10. Disability A. If Employee is unable to perform services under this Agreement by reason of total disability, Employee's salary shall be reduced in accordance with the following schedule during the continuance of such disability: 1. For _____ (number) months Employee shall receive ____% of his monthly salary. 2. For the next _____ (number) months of disability, Employee shall receive ____% of his monthly salary. 3. For the next ______ (number) consecutive months of disability, Employee shall receive ____% o f his monthly salary. 4. Subsequently, Employee shall receive no disability payments. B. In determining periods of disability, any new period of disability shall be deemed to be a continuation of the prior period of disability if Employee has not returned to work for at least ______ (number) weeks between such periods of disability. If Employee becomes disabled, but the disability ceases before termination of his employment with Employer, Employee's salary shall be reinstated on the date disability ends. 11. Termination A. This Agreement shall be terminated immediately: 1. If Employee becomes disqualified to practice mechanical engineering in the _________________ (name of state) ; 2. On the death of Employee; 3. If Employer and Employee shall mutually agree in writing to such termination; 4. If Employee becomes disabled and the disability continues for a period of ______ (number) consecutive months; or 5. If Employee fails or refuses to faithfully or diligently perform the duties required under and pursuant to the provisions of this Agreement. B. On termination for any reason, Employee shall be entitled to termination pay of the salary due Employee to the date of such termination which shall be full payment for all claims under this Agreement . 12. 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. 13. 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. 14. Governing Law This Agreement shall be governed by, construed, and enforced in accordance with the laws of the State of ______________. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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. 21. Confidentiality Employer and Employee both acknowledge that all information and materials furnished from the Employer concerning this Agreement and the performance of it is confidential and may not be used for any purpose other than in connection with this Agreement. 22. 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. 23. In this Agreement, any reference to a party includes that party's heirs, executors, administrators, successors and assigns, singular includes plural and masculine includes feminine. WITNESS our signatures as of the day and date first above stated. _________________________ (Name of Employer) ________________________ By:______________________________ (P rinted Name of Employee) (P rinted Name & Office in Corporation) ________________________ ______________________________ (Signature of Employee) (Signature of Officer) Attach Appendix A