Las Vegas City Commission Legal Documents, February 29, 1944 to February 21, 1945, lvc000016-48

118 Fifth Payment: When the working drawings and specifications are completed, a payment of $l,000.00 shall be made by the Owner to the Architect. Sixth Payment: Upon the approval of the working drawings and specifications by the Owner, a payment of $250.00 shall be made by the Owner to the Architect. REMAINING PAYMENTS: The balance of the fee of $2,250.00 shall be paid in six equal payments of $320.00 a month. The final $320.00 payment shall not become due and payable until the construction contract is complete and the building accepted by the Owner. 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 sits, 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 contractor, 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. It is understood by the Owner and the Architect that the Owner shall furnish and pay for a clerk-of-the-works. The clerk-of-the-works shall be responsible to the Architect and shall carry out the Architect's instructions in detail. He shall further make daily reports to the Architect as to the progress of the work and he shall make no changes in the work without the written permission the the Architect and the Owner. It is further understood by the Owner and the Architect that in the event the Federal Works Agency insists that the clerk-of-the-works be paid for by the Architect, that the Owner will reimburse the Architect for all such expense. 8. ABANDONMENT OR INDEFINITE POSTPONEMENT OF THE PROJECT -- If the Owner, in its sole discretion, should deem it necessary or desirable to abandon or indefinitely postpone the prosecution of the project for which the professional services described in this Agreement are to be rendered, the Owner may terminate this Agreement by giving the Architect/ Engineer written notice of such abandonment or indefinite postponement and of the termination of this agreement. In the event of such termination, the Owner shall pay to the Architect/Engineer as full payment for all services performed and all expenses incurred under this agreement an amount which bears the same ratio to the total fee otherwise payable under this Agreement as the services actually rendered hereunder by the Architect/ Engineer bear to the total services necessary for the full performance of this Agreement. There shall be deducted from such amount, however, all payments theretofore made by the Owner under this Agreement to the Architect/engineer. In ascertaining the services actually rendered hereunder up to both complete work and work in the process of completion and to complete and incomplete drawings and other documents whether delivered to the Owner or in the possession of the Architect/Engineer. Provisions for the payment of the total fee through installment payments shall not be controlling in computing the amount payable hereunder upon the termination of the Agreement. If upon payment of the amount required to be paid under this paragraph following the termination of this Agreement, the Owner thereafter should determine to complete the original project or substantially the same project, the Owner for such purpose shall have the privilege of: (a) Utilizing any and all completed drawings, specifications estimates and other completed contract documents prepared under this Agreement by the Architect/Engineer, who shall make them available to the Owner upon request without additional compensation, and (b) Requiring the completion by the Architect/Engineer of any and all partially completed drawings, specifications, estimates, and other partially completed contract documents and the delivery of such documents to the Owner, in consideration of which the Archtiect/Engineer shall be paid by the Owner an amount representing the value of the additional services performed computed in the same manner as above provided for the compution of the Architect/Engineer's compensation upon the termination of this Agreement: Provided, however, that an appropriate deduction must be made for any prior compensation theretofore received by the Archltect/Engineer for such partially completed documents. Termination Upon Architect/Engineer's Defaults. If the Architect/Engineer should fail to perform any of his obligations hereunder within the time and in the manner herein provided or otherwise violates any of the terms of this agreement, the Owner may terminate this agreement by giving the Architect/Engineer written notice of such termination, stating the reason for such termination. In such event the Archltect/Engineer shall be entitled to receive as full payment for all services satisfactorily rendered hereunder by the Architect/ Engineer bears to the total services otherwise required to be performed for such total