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 I - BASIC SERVICE FEE

Current through 2024-29, July 17, 2024
1.1. That the owner
				  will pay the Designer for his Basic Services a fee of
6.6%
of the amount of the contract award adjusted in
				  accordance with the conditions of Article IV. Whether the work be entirely
				  executed or whether its execution be suspended or abandoned in part or in
				  whole, payments to the Designer on his fee are to be made as follows:
1.1.1 Schematic Design Phase
Upon the written acceptance of the Schematic Design Phase
					 by the Owner and the written approval of the Bureau of General Services, an
					 amount equal to 15% of
6.6%
of the Designer's approved
					 estimate of the construction cost will be paid.
If the estimated construction cost as required by Article
					 II is within the available funds, a program budget for this schematic phase
					 will be prepared. if the estimated construction cost is more than the funds
					 available, the plans of the schematic design phase shall be rejected. In such
					 an event, the owner, the Bureau of General Services, and the Designer will
					 restudy the design concept to determine if it is feasible to make any changes
					 which will bring the work within the available funds without materially
					 altering the intended use of the project. If such an agreement is reached, a
					 revised schematic design phase shall be prepared by the Designer and submitted
					 to the Owner and the Bureau of General Services for approval.
1.1.2 Preliminary Design Phase (AIA Design
				  Development Phase)
Upon the written acceptance of the preliminary design phase
					 by the owner and the written approval of the Bureau of General Services, the
					 payment on account will be increased to an amount equal to a total of 35% of
6.6 %
of the Designer's approved estimate of the
					 construction cost. If the estimated construction cost is more than the funds
					 available, the owner shall have the right to require the Designer to make
					 revisions mutually determined to be necessary in order to bring the
					 construction cost within the funds available and resubmit plans, outline
					 specifications and a revised cost estimate to the owner and the Bureau of
					 General Services for approval.
1.1.3 Final Design Phase (AIA Construction
				  Document Phase)
Upon the written acceptance of the final design phase by
					 the Owner and the written approval of the Bureau of Public improvements, the
					 payment on account will be increased to an amount equal to 75% of
6.6 %
of the Designer's approved detailed estimate of
					 the construction cost.
NOTE: * Lump sum may be used in lieu of percentage
					 fee.
This detailed estimate shall be based on the final design
					 and current construction costs. if this estimate exceeds available funds for
					 construction, the Designer, the Owner, and the Bureau of General Services shall
					 re-examine the project and shall consider whether to make any changes or
					 revisions that do not materially alter the intent of the project; to agree upon
					 certain additive alternates that may not be mandatory to the concept of the
					 basic project; or to completely redesign the project to bring the construction
					 cost within the available funds. Except by mutual agreement of the above
					 mentioned parties, any changes, revisions or redesign shall not increase the
					 Designer's fee, since Page 1 of this Agreement stipulates the amount of funds
					 available for construction, except as this amount may be amended by a
					 subsequently approved project budget.
The Designer shall not proceed from any one of the above
					 phases without the acceptance-of the owner and written approval by the Bureau
					 of General Services.
During the design of any of the foregoing phases, no
					 addition to or change in the original project concept shall be made without the
					 written approval of the Owner and the Bureau of General Services. The Designer
					 shall be responsible to notify the aforementioned parties of any such additions
					 or changes even though the construction cost is not increased.
1.1.4 Bidding Phase
After bona fide bids are taken and accepted, the payments
					 on account will be increased to an amount equal to 80% of
6.6
					 %
of the accepted bid; provided, if in the judgment of the Owner
					 and the Bureau of General Services the bids received are not acceptable, no
					 additional percentage above that amount as determined by Article I (Sub-Article
					 1.1.3) will be paid.
After bona fide bids are received, if they exceed the
					 available construction funds, the Designer-, the Owner and the Bureau of
					 General Services shall review the design plans and specifications and the
					 Designer shall be responsible to make any revisions determined to be necessary
					 to bring the construction cost within the funds available; or, if necessary, to
					 redesign the project. Except under very unusual circumstances and by mutual
					 agreement of the above mentioned parties, no additional fee will be paid to the
					 Designer for such revisions or redesign.
If the agreed upon revisions or redesign that may have been
					 set forth in Article I (Sub-Article 1.1.1, 1.1.2, 1.1.3, 1.1.4) above do not
					 bring the estimated construction cost within the funds available, and it
					 appears impracticable to accomplish this, the owner and the Bureau of General
					 Services shall have the right to suspend or abandon the project and no payments
					 will be made beyond the appropriate amounts approved in Article I (Sub-Articles
					 1.1.1, 1.1.2, 1.1.3, or 1.1.4).
1.1.5 Contract Administration
Each month, during the period of the construction contract,
					 additional payment will be due, based on the work completed, as indicated by
					 approved contractor's requisitions, until the aggregate of payments reaches an
					 amount equal to 100% of the fee.