Article IV - ADDITIONAL SERVICES4.1.The following services are not covered in Article I Basic Service Fee. If any of these additional services are authorized in writing by the Owner, they shall be paid for by the owner as herein listed or as mutually agreed by the owner and Designer. 4.1.1 Providing special analyses of the Owner's needs, and programming the requirements of the Project. 4.1.2 Providing financial feasibility or other special studies. 4.1.3 Providing design services relative to future facilities, system and equipment which are not Intended to be constructed as part of the Project. 4.1.4 Providing Interior design and other services required for or in connection with the selection of furniture and furnishings. 4.1.5 Providing services for planning tenant or rental spaces. 4.1.6 If, at any time after acceptance by the Owner and the written approval of the Bureau of General Services of the design phases, he shall, through no fault of his, be required by the Owner and the Bureau of General Services to make substantial changes in detail plans and specifications, he will make the required changes, and will be entitled to just and equitable compensation; thereof, He, the Owner, and the Bureau of General Services will agree upon the basis of such compensation before beginning such work. 4.1.7 Providing consultation concerning replacement of any work damaged by fire or other cause during construction, and furnishing professional services of the type as may be required in connection with the replacement of such work. 4.1.8 Providing professional services made necessary by the default of the Contractor. 4.1.9 Providing Contract Administration and observation of construction after the approved completion date has been exceeded by more than twenty percent through no fault of the Architect. 4.1.10 Preparing to serve or serving as an expert witness in connection with any public hearing, arbitration proceeding or legal proceeding. 4.1.11 Providing services or professional consultants requested and approved by Owner) for other than normal structural, mechanical and electrical engineering services for the Project. 4.1.12 Prior to final payment of the Designer's fee, adjustment consideration shall be given to contract change orders. Any changes required in the construction for which change orders are necessary, due to omission or discrepancies in the contract plans, shall be so stated in the request for and in the formal change order, and no fee shall be paid on such change orders. Any change orders (either additive-or deductive), which materially affect the construction cost, shall be subject to negotiation concerning the effect on the Designer's fee. 4.1.13 Prior to or during the final phase, fee adjustments for alternates will be considered for the specific circumstances involved. If the alternates are suggested by the Owner, the fee will be paid on the basis of the bid on the original design plus the bids on any alternates accepted or the final estimated construction costs on any alternates not accepted. While if used as a design estimate contingency or to avoid redesign, no fee will be paid on the amount of the additive alternates not accepted. 5.1.The following are modifications of, or amendments to Articles I through IV above, to which the owner and the Designer have mutually agreed. 5.1.1 The Designer shall not assign or transfer any interest in this Agreement except with the written approval of the owner and the Bureau of General Services. 5.1.2 The Owner and the Designer hereby agree to the full performance of the covenants herein. IN TESTIMONY THEREOF the parties have hereunto executed this Agreement in SEXTUPLET the day and year first above written.
Witnessed By: DESIGNER
Brown Associates _____________
________________ By: __________________
President ____________
Title
Witnessed By: OWNER
___School Administrative District #00 ___
___________ By: _____________
____Superintendent or Board Chairman___
Title
Approved as to Form Approved By:
___________________ __________________
Legal Counsel for Owner State Director of General Services
______________ ____
Date
C.M.R. 18, 554, ch. 1, STATE OF MAINE GUIDELINES FOR A/E PROCUREMENT, art. IV