Code of Maine Rules
18 - DEPARTMENT OF ADMINISTRATIVE AND FINANCIAL SERVICES
554 - BUREAU OF GENERAL SERVICES
Chapter 1 - STATE OF MAINE PROCEDURES FOR PROCUREMENT OF PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES
STATE OF MAINE GUIDELINES FOR A/E PROCUREMENT
Article II - BASIC SERVICES

(1) in this phase the Designer shall ascertain the requirements of the project by consulting with the Owner and the Bureau of General Services and shall prepare schematic design studies which shall indicate the concept of the project, including the proposed general shape, size, and type of construction. The Designer shall prepare and submit to the Owner and the Bureau a statement of probable construction cost based on area, volume, or other current unit costs, adjusted for the project under consideration.

During this phase the Designer shall furnish sketch evaluations or a perspective, appropriately colored, if desired, of the proposed building which shall become the property of the Owner. If the owner desires an architectural rendering of a "professional" nature the Owner shall so direct the Architect and will reimburse the Architect for the cost of same.

(2) Concurrently with the preparation of the schematic design, the Designer shall determine from competent authority any of the following factors in conflict with the use of the site as proposed: (1) zoning regulations, (2) sanitary codes, (3) health and fire laws, (4) local ordinances, and shall report his findings thereon to the owner when submitting the plans, etc.

A. To furnish to Owner and Bureau of General Services monthly reports of inspection and progress.

B. To furnish comprehensive reports on necessary change orders with recommendations regarding same.

C. To preside at pre-construction conference and monthly job meetings and provide reports on same to the Owner and the Bureau of General Services.

D. To check and approve partial payment requisitions submitted by contractors.

E. The Designer shall review and approve shop drawings, samples, and other submissions of the contractor only for conformance with the design concept of the project and for compliance with the information given in the contract documents.

F. To make a final inspection of the project with owner, the Bureau of General Services, and the Contractor.

G. To make an inspection prior to expiration of the guarantee period and report on observable defects of material and workmanship requiring correction by the contractor under his contract.

H. To provide additional contract administration as follows:

When authorized by the Owner he shall employ and pay for the services of a Resident Inspector as needed who shall be acceptable to the Owner and the Bureau of General Services, both as to person and salary (See Article III - Reimbursable Expenses).

The Inspector shall make daily reports on forms furnished by the Bureau of General Services. The Designer shall forward these reports promptly to the Owner and the Bureau.

A. He will abide by the applicable provisions of the "Instructions to Architects and/or Engineers for the Development of Plans and Specifications for Public School Projects", latest revision, on file with the owner and Designer, and by reference made a part hereof.

B. He will not issue any verbal or written orders for omissions from, additions to, or changes in the construction contract unless and until approved in writing by the owner and the Bureau of General Services.

C. He will furnish the Owner and the Bureau of General Services for approval all sketches and documents pertaining to the schematic design phase specified in Article II within four weeks from the day and year first above written.

Following written acceptance by the Owner and written approval by the Bureau of General Services of the schematic design phase, he shall furnish the Owner and the Bureau of General Services plans and documents pertaining to the preliminary design phase specified in Article II within six weeks after the weeks from approval of the Owner and the Bureau of General Services.

NOTE: Time requirements will be contingent upon the individual project characteristics.

After receiving acceptance by the Owner and written approval from the Bureau of General Services of the preliminary design stage, he shall furnish for final approval the detail plans, specifications and all documents specified in Article II within twelve weeks after written approval of the owner and the Bureau of General Services.

If the Designer finds it impossible to furnish the Owner with plans, specifications, etc., specified above, at the times specified therein, he may make a written request to the owner for an extension of time, setting forth therein the reasons for the request.

If he shall fail to submit drawings or other documents under this agreement at the times specified above, or violate any of the covenants, agreements or stipulation thereof, the owner shall thereupon have the right to terminate this agreement by giving five days notice to him in writing by Registered mail, Return Receipt Requested, to the address furnished the Owner for purposes of correspondence, or

D. If he, doing business as an individual, should die before the completion of the project without heirs or administrators or assigns competent in the owner's judgment to carry the work to completion; then, in either event, all finished or unfinished plans and documents prepared under this agreement, whether in his possession or outside, shall thereupon become the property of the Owner and the Owner shall have the right to immediate possession and use thereof. In such event his estate will be entitled to receive just and equitable compensation for services already satisfactorily performed and accepted.

E. At any time after the execution of this instrument and under circumstances not otherwise provided for herein, the owner may abandon all or any substantial part, temporarily or permanently, of his services for cause not attributable to him. In such event he will be given five days' notice of such abandonment in writing by Registered Mail, Return Receipt Requested, to his address as given for correspondence purposes.

F. In the event of the abandonment notice above, he will be entitled to just and equitable compensation for any uncompensated work satisfactorily performed prior to such abandonment; provided, however, that should the owner re-activate the agreement, in whole or in part within three (3) years of such abandonment, any money, so paid shall be considered as payment on the estimated fee as established on re-activation.

G. In the event that he should die during the period of suspension or he should be unwilling or unable to perform the services required by the agreement at the time the Owner desires to reactivate the agreement, then reproducible copies of all finished or unfinished documents prepared pursuant to this agreement shall become the property of the State and he shall have the right to immediate possession and use thereof.