Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-35

105 The Owner agrees to pay the Architect for such services a LUMP SUM FEE OF THIRTY-SEVEN HUNDRED AND no/l00 DOLLARS ($3,700.00) 1. The Architect's Services.--The Architect's professional services consist of the necessary conferences, the preparation of preliminary studies, working drawings, specifications, large scale and full size detail drawings; the drafting of forms of proposals and contracts; the issuance of certificates of payment; the keeping of accounts, the general administration of the business and super vision of the work. 2.Reimbursements.--The Owner is to reimburse the Architect the costs of transportation and living incurred by him and his assistants while traveling in discharge of duties connected with the work and the costs of the services of heating, ventilating mechanical and electrical engineers. 3. Separate Contracts.--The basic rate applies to work let under a single contract. For any portions of the work lot under separate contracts, on account of extra service thereby required, the rate shall be four per cent greater, and if substantially all the work is so let the higher rate shall apply to the entire work; but there shall be no such increase on any contracts in connection with which the Owner reimburses the Engineers' fees to the Architect, or for articles not designed by the Architect but purchased under his direction. 4. Extra Services and Special Cases.—If the Architect is caused extra draughting or other expense due to changes ordered by the Owner, or due to the delinquency or insolvency of the Owner or Contractor, or as a result of damage by fire, he shall be equitably paid for such extra expense and the service involved. Work let on any cost-plus basis shall be the subject of a special charge in accord with the special service required. If any work designed or specified by the Architect is abandoned or suspended the Architect is to be paid for the service rendered on account of it. 5. Payments.—Payments to the Architect on account of his fee shall be made as follows, subject to the provisions of Art. 4: Upon completion of the preliminary studies, a sum equal to 20% of the basis rate computed upon a reasonable estimated cost. Upon completion of specifications and general working drawings (exclusive of details) a sum sufficient to increase payments on the fee to 60% of the rate or rates of commission arising from this agreement, computed upon a reasonable cost estimated on such completed specifications and drawings, or if bids have been received, then computed upon the lowest bona fide bid or bids. From time to time during the execution of work and in proportion to the amount of service rendered by the Architect, payments shall be made until the aggregate of all payments made on account of the fee under this Article, but not including any covered by the provisions of Article 4, shall be a sum equal to the rate or rates of commission arising from this agreement, computed upon the final cost of the work. Payments to the Architect, other than those on his fee, fall due from time to time as his work is done or as costs are incurred. No deductions shall be made from the Architect's fee on account of penalty, liquidated damages, or other sums withheld from payments to contractors. 6. Survey, Borings and Tests.—The Owner shall, so far as the work under this agreement may require, furnish the Architect with the following information: A complete and accurate survey of the building site, giving the grades and lines of streets, pavements and adjoining properties; the rights, restrictions, easements, boundaries, and contours of the building site, and full information as to sewer water gas and electrical service. The Owner is to pay for borings or test pits and for chemical mechanical, or other tests when required. 7. Supervision of the Work.— The Architect will endeavor to guard the Owner against defects and deficiencies in the work of contractors, but he does not guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of a clerk-of- the-works. When authorized by the owner, a clerk-of-the- works acceptable to both Owner and Architect shall be engaged by the Architect at a salary satisfactory to the Owner and paid by the Owner, upon presentation of the Architect's monthly statements. 8. Preliminary Estimates.--When requested to do so the Architect will furnish preliminary estimates on the cost of the work, but he does not guarantee the accuracy of such estimates. 9. Definition of the Cost of the work.— Amended. See Articles 15 and 16 10. Ownership of Documents.—Drawings and specifications as instruments of service are the property of the Architect whether the work for which they are made be executed or note. 11. Successors and Assignments.—The Owner and the Architect, each binds himself, his partners, successors, executors, administrators, and assigns to the other party to this agreement, and to the partners, successors, executors, administrators and assigns of such other party in respect of all covenants of this agreement.