LOUISIANA CAPITAL IMPROVEMENT PROJECTS

PROCEDURE MANUAL
FOR DESIGN AND CONSTRUCTION
2020 Edition

ARTICLE 1. CONDITION OF THE CONTRACT

ARTICLE 2. DEFINITIONS
ARTICLE 3. OWNER-USER AGENCY RESPONSIBILITIES
ARTICLE 4. AVAILABLE FUNDS FOR CONSTRUCTION (AFC)
ARTICLE 5. COMPENSATION
ARTICLE 6. PAYMENTS TO THE DESIGNER
ARTICLE 7. DESIGNER’S SERVICES
ARTICLE 8. DESIGNER’S ACCOUNTING RECORDS
ARTICLE 9. TERMINATION OF CONTRACT
ARTICLE 10. ABANDONMENT OR SUSPENSION
ARTICLE 11. OWNERSHIP OF DOCUMENTS
ARTICLE 12. SUCCESSORS AND ASSIGNS
ARTICLE 13. EXTENT OF AGREEMENT
ARTICLE 14. GOVERNING LAW
ARTICLE 15. OTHER CONDITIONS
 ARTICLE 1
CONDITION OF THE CONTRACT
1.1 The Louisiana Capital Improvement Projects Procedure Manual for Design and
Construction, 2020 Edition, herein referred to as the “Procedure Manual” or the “Manual”
and any amendments thereto, as published by the Office of Facility Planning and Control,
shall be a part and condition of the Contract Between Owner and Designer, herein referred
to as the “Contract.”

ARTICLE 2
DEFINITIONS

2.1 Available Funds for Construction (AFC)―the budgeted amount of funds, established by
the Owner prior to bidding, available for awarding the construction contract(s).
2.2 Consultants―individuals or organizations engaged by the Owner or the Designer to
provide professional consultant services complementing or supplementing the Designer's
services. As applicable, Consultants shall be licensed to practice in accordance with laws
of the state of Louisiana. The Owner shall engage or have the Designer furnish as part of
the Designer's services the services of Consultants, which are deemed necessary for the
project. Typical Consultants are architects, landscape architects, civil, structural,
mechanical, and electrical engineers, and others required to provide the services required
or implied by the scope of the project, compensation for which is included in Designer's
fee for basic services. Special Consultants are those, other than the above, which the Owner
may approve to perform special services and for which compensation will be in accordance
with Article 5.
2.3 Designer―a person or organization professionally qualified and licensed to practice
architecture, engineering, or landscape architecture in accordance with the laws of the state
of Louisiana, who is to perform basic services for the project, as named in the contract.
2.4 Owner―the State of Louisiana, Office of the Governor, Division of Administration, the
responsibilities of which shall be exercised by the Commissioner of Administration or the
designated representative, the Office of Facility Planning and Control (FP&C).
2.5 Project―a Capital Outlay Project for which funds have been appropriated or other public
government project for which funds are available, as specifically defined in the program
attached to and stated in the contract between Owner and Designer.
2.6 User Agency―the agency, department, division, board or institution which will be the
principal user of and for which the facility is being designed and constructed, as named in
the contract. Where reference is made hereinafter to the User Agency, it will refer to both
the "umbrella" and "local" entities of the department, board, agency, division, etc.
(Examples: The LSU Board of Supervisors and the Department of Health are "umbrella"
using agencies and "local" using agencies such as LSU-Alexandria and Pinecrest Support
and Services Center are under their respective jurisdiction and administration).

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2.7 Standard of Care―The Designer and their professional Consultants shall perform their
services consistent with the skill and care ordinarily provided by similar professionals
practicing in the same or similar locality under the same or similar circumstances.

ARTICLE 3
OWNER-USER AGENCY RESPONSIBILITIES
3.1 The Owner’s designated representative shall be the Office of Facility Planning and Control
(FP&C). The User Agency shall designate a representative authorized to act in its behalf
with respect to the Project.
3.2 After selection of the Designer and prior to signing of the Contract, the Owner shall furnish
to the Designer the Preliminary Program as described below and a statement of the
Available Funds for Construction (AFC).
3.3 After the Contract is signed by the Owner, the Owner shall schedule and hold a Pre-Design
Conference at the Office of Facility Planning and Control or at a location designated by
the Owner. This conference shall be attended by the Designer and representatives of the
Owner and User Agency.
3.3.1 The purpose of this conference shall be to initiate a general review and discussion
of the Project, including, but not limited to, adopting or confirming the following:
(1) The Preliminary Program defining
(a) the type of usage, number and sizes of spaces required,
(b) adjacency considerations,
(c) the type and number of people using the facility, and
(d) the activities to be held in the facility;
(2) The location of the facility, and relevant site information;
(3) The Available Funds for Construction (AFC) and the Designer’s Fee;
(4) The Time Schedule outlining anticipated completion dates of designated phases
as described in Article 7 hereinafter and the anticipated period of construction.
The Time Schedule for planning phases shall commence with the date of the
Pre-Design Conference and shall continue until delivery of all construction
documents to the Owner are sufficiently complete, coordinated, and ready to
bid. The number of calendar days in the time schedule shall take into account
review periods agreed to between Designer and Owner. Documents will be
considered to be “sufficiently complete, coordinated, and ready for bid” only if
the advertisement for bid can be issued with no further revisions to the
Documents except minor corrections and/or additions that can be made by
addenda. Corrections and/or additions that require reissuing drawings must be
approved by Facility Planning and Control. Design time will not necessarily
end at the receipt of the initial Construction Documents Phase submittal to
Facility Planning and Control. Any re-submittals required to complete the
documents will be included in the design time. If the Designer exceeds the
established time schedule for ready to bid documents for reasons that cannot be
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 attributed to the Owner or User, liquidated damages will be assessed in
accordance with Article 5.5.
(5) A detailed review of the latest Instructions to Designers and the Bidding and
Construction Contract Forms as described in Article 7.1.4(1)(c) hereinafter,
which will be made available to the Designer prior to his/her signing the
Contract. Compliance with these documents shall be a part of the Designer’s
obligation under the Contract, including any revisions made by the Owner and
agreed to by the Designer.
3.3.2 Per Article 5.3.1, the Owner shall reimburse the Designer the cost of site surveys
described in Article 7.1.1(4) when deemed necessary by the Designer and agreed
to by the Owner. These shall include, but are not limited to, a topographic survey
prepared by a registered land surveyor and a geotechnical investigation prepared
by a professional engineer.
3.4 The Owner and the User Agency shall examine all documents submitted by the Designer
and render decisions pertaining thereto, within the scheduled review period to avoid
unreasonable delay in the progress of the Designer’s Services.
3.5 The Owner will select a testing laboratory to perform all required tests during construction,
and will contract for and pay for all such testing services.
3.6 The Owner shall provide record construction documents of existing buildings or facilities
for renovation or addition projects, when those are available.

ARTICLE 4
AVAILABLE FUNDS FOR CONSTRUCTION (AFC)
4.1 The AFC, as defined by Article 2, shall be stated in the contract between Owner and
Designer.
4.2 The Designer shall be responsible for designing the project so that the base bid does not
exceed the AFC. The use of any alternate bids must be pre-approved by the Owner. The
Owner will take into consideration abnormal escalation in construction costs that can be
substantiated prior to bid.
4.3 At the completion of the program completion phase the Designer shall make
recommendations regarding whether the AFC is realistic for the project when compared
with the completed program. At this point, or at any other submissions of the project’s
statement of probable cost (construction cost estimate) by the Designer, if such statement
of probable cost is in excess of the AFC, the Owner shall have the option to:
(1) instruct the User Agency to collaborate with the Designer to revise the program so
that the anticipated base bid will be within the AFC; such program revisions shall
be done without additional compensation to the Designer, except for extensive
program revisions authorized in writing by the Owner;
(2) provide additional funds to increase the AFC; or
(3) abandon or suspend the project.

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 Any adjustment in the AFC, approved in writing by the Owner during design shall include
an appropriate adjustment in the fee. The fee shall not be modified at any time after
advertising for bids, except as allowed per Article 5.1.1(4) and Article 5.1.3.

4.4 When the lowest bona fide base bid exceeds the AFC, the Owner shall have the option to:
(1) have the Designer, without additional compensation, modify the construction
documents as required in order to rebid the project to be within the AFC;
(2) provide additional funds to award the construction contract without adjustment of
the fee if the project scope remains the same; or
(3) abandon the project.

4.4.1. The lowest bona fide base bid is defined as the lowest base bid submitted by a
responsible and responsive bidder, not withdrawn in accordance with R.S. 38:2214,
and which complies in every respect with the bidding requirements of the contract
documents.

4.5 When the lowest bona fide base bid is less than 90 percent of the AFC and the Designer
has reduced the original program scope to reduce costs, the Owner shall have the option to
have the Designer, without additional compensation, modify the construction documents
to restore elements of the program that were eliminated to reduce cost.

ARTICLE 5
COMPENSATION
5.1 The fee for basic services to be paid to the Designer shall be as follows.
5.1.1 The fee for basic services, shall be calculated as the product of the fee percentage,
adjusted for inflation, and the Available Funds for Construction (AFC), adjusted
for inflation. The fee percentage shall be computed by the formula.
FEE PERCENTAGE = ____________46.10______________
Log (AFC (1975 BCI/Current BCI))
The fee shall be computed by the following formula:
FEE = FEE PERCENTAGE (AFC(1975 BCI/Current BCI)(Current CPI/1975 CPI)
Where "BCI" = Building Cost Index as published by Engineering News Record and
"CPI" = Consumer Price Index as published by U.S. Department of Labor, Bureau of
Labor Statistics. Since the annual averages computed in December of the BCI and
CPI are used, fee calculations are based upon the most current calendar year average
of both indices.
(1) Should fee modifications occur during the course of the project, the BCI
and CPI index factors used to calculate the original fee shall be used.
(2) If a project, through no fault of the Designer, is inactive for more than 24
months, the current BCI and CPI index factors shall be applied to the
project’s remaining phases once re-activated, unless the new index factors
reduce the fee. In that case, the index factors shall not be revised.

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 (3) Multiple construction contracts. If the Owner determines that the best
interest of the project is served by bidding and constructing the project
under two or more separate construction contracts, the design fee shall be
established for each portion by application of the formula and modification
factors herein.
(4) Fee adjustments for alternates are as follows.
(a) If an alternate, pre-approved by the Owner, has a cost estimate within
the AFC, the Designer’s compensation for said alternate is already
included within the Designer’s base fee.
(b) If an alternate, pre-approved by the Owner, has a cost estimate in excess
of the AFC, the Designer shall receive compensation for the value above
the AFC for that portion of the phase completed as described in Article
6.1.1(1), (by increasing the AFC for Designer fee purposes). If an
alternate is based on a substitute system requiring additional design
effort, then the total estimated cost shall be used in determining the AFC
for design fee purposes for phases completed. If the scope contained in
that alternate is not awarded at bid, but later included as a change order
and the Designer compensated per Article 6.1.1(1), the compensation
shall be adjusted such that the Designer shall not be compensated twice
for the same work.
(c) If the lowest bona fide base bid, is less than 90 percent of the AFC, refer
to Article 4.5, regarding any additional compensation for alternates and
change orders.
5.1.2 Modification factors. Prior to selection, the Owner shall have the discretion to
evaluate the scope, function, complexity, image, and context of the project and
apply modification factors listed below to the Designer’s compensation for basic
services.
(1) Complexity factor shall be based upon the complexity of the project scope
as determined by the Owner.
(a) Simple (0.85 of basic compensation), to be determined by
Owner―single use projects generally of utilitarian character without
complication or detail, such as pre-engineered buildings. Buildings with
a high degree of repetition may be included in this classification.
(b) Average (1.00 of basic compensation), to be determined by
Owner―projects of conventional character requiring normal attention
to design and detail, including complete mechanical and electrical
systems.
(c) Medium Complex (1.1 of basic compensation), to be determined by
Owner―projects of special character and/or function requiring an
above average level of skill in design and containing more than ordinary
requirements of scientific, mechanical and electrical equipment.
(d) Complex (1.15 of basic compensation), to be determined by
Owner―projects of highly specialized design character and function

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 requiring a high degree of design skill and requiring extensive, or
special scientific, electronic, mechanical and electrical equipment and
design expertise.
(2) A renovation factor of up to 1.25 of applied fees, to be established and set
by the Owner for each individual project, will be multiplied by the fee
percentage to arrive at the fee for renovation projects, when determined by
the Owner to be justified. This fee shall include verifying existing
conditions and/or any other additional work incidental to renovation
projects. The renovation factor will be set in proportion to additional work
anticipated by the Owner. The renovation factor will not be applied to re-
roofing projects, except in unusual circumstances.
(3) An adjustment factor shall be applied, by the Owner, based on the design
phases required in relation to typical basic services as described in Article
6. If all design phases are required, the adjustment factor shall be 1.0. If
design phases, based on those described in Article 6, are not required due to
previous work, or for other reasons as determined by the Owner, eliminated
or reduced, then this factor may be reduced below 1.0, prior to Designer
selection, or negotiated with the Designer if an existing contract is amended.
If an adjustment factor less than 1.0 is applied, the reduction in total
Designer fee shall not be applied to each phase, but rather to reflect the
phases reduced or eliminated, such that the Designer earns the proper fee
for work performed at each phase.
5.1.3 Change orders. Preparation of documents required for change orders for any cause
shall not be started without Owner’s written approval. Fee adjustments for change
orders shall be as follows.
(1) Routine change orders, which involve a small amount of effort, will not
involve extra compensation. The Designer shall notify and obtain the
Owner’s prior written approval before preparing a change order for which
he/she feels is due extra compensation for the extra effort involved. At the
construction close-out phase, all such change orders will be reviewed by the
Owner and the Designer's contract will be amended to reflect extra
compensation for the change orders which the Owner has determined merit
additional fee. The fee will be computed by increasing the AFC (for
Designer fee purposes) by the amount of change orders that qualify for
additional fee as described above and recalculating the fee.
(2) Designer shall prepare change orders caused by errors or omissions of the
Designer without additional compensation. The Designer shall be
financially responsible for costs that result from errors. The Owner shall
participate in the cost of omissions to the extent of the value received by the
Owner. The Designer will be notified of any claims of error or omission
designations made to a change order prior to execution by the Owner.
Errors―changes to the work caused by the Designer for which the
Contractor is entitled to payment but for which the Owner receives no
value. Typically, these involve work that has been constructed and must

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 be demolished and replaced. Therefore, where the Owner receives no
value, the Designer is responsible for 100 percent of the cost.
Omissions―changes to the work caused by the Designer for which the
Contractor is entitled to payment for which the Owner receives value.
Typically, these involve work that must be added to contract with little
or no change to the work that has been constructed.
5.2 Payment to the Designer for additional services shall be made on the basis of a detailed
scope of work, a proposal from the Designer, and negotiations between the Owner and
Designer. All additional services must be pre-approved in writing by the Owner prior to
start.
Direct Personnel Expense―if referenced as part of the Designer’s proposal, the
normal, straight-time direct salaries of all the Designer's personnel engaged in the
project (technical but not clerical). This shall also include the direct salaries of
Designer's Consultants involved in the additional services.
5.3 Reimbursable expenses are in addition to the compensation for basic and additional
services and include actual expenditures made by the Designer, his/her employees or
professional Consultants in the interest of the project as directed and authorized by the
Owner in writing prior to their occurrence.
5.3.1 The Owner shall reimburse the Designer the direct cost for all geotechnical
investigations, topographic surveys, and other related information, prior approved
by the Owner and necessary for the design of the project.
5.3.2 The Designer shall pay for the cost of printing and distribution of construction
documents for the Owner's and User Agency's use, and for regulatory agencies'
approvals, and as required for the Designer and Consultant’s own use. The Owner
will reimburse the Designer the direct cost of printing and distribution of all other
sets of construction documents, over and above the amount of the deposits on same
retained by the Designer. This will include necessary sets for the Contractor to
construct the project. If the Designer proposes and the Owner agrees to an
alternative form of document distribution, such as an electronic format, the
Designer will be reimbursed the direct cost of this method in lieu of the
reimbursement described above. The intent remains the same for the Designer to
bear costs for internal and consultant use.
5.4 Designer will be paid for prolonged contract administration and observation of construction
should the contract time, as may be extended, be exceeded due to no fault of the Designer
and liquidated damages are required per the contract documents. The amount of such
payment shall be computed by dividing 20 percent of the basic total fee by the number of
days construction time, as extended, and multiplying by the number of days of liquidated
damages as required by the contract documents.
5.5 When the Designer exceeds the established time schedule, including any extensions of time
approved by the Owner, unless the extension is due to actions by the Owner or User, then
the amount of the fee shall be reduced by an amount, as liquidated damages, as stated in
the advertisement for Designer's selection, for each calendar day past the original or
extended date that the Designer has not delivered all construction documents to the Owner

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 sufficiently complete, coordinated and ready to bid. Completeness of the construction
document phase will be determined by the Owner as described in Articles 6.1.2 and 7.1.4.

ARTICLE 6
PAYMENTS TO THE DESIGNER
6.1 Payments on account of Designer's services shall be made as follows.
6.1.1 Basic Services
(1) Upon satisfactory completion of all basic services for each phase, submission
of all documents to the Owner and upon the Owner's and User's approval of
same, which approval shall not be arbitrarily withheld, payment for the
following phases of the Designer's services will be made in one lump sum (with
the exception of the construction documents phase as described below in Article
6.1.2); such payments shall be up to the following percentages of the Designer's
fixed fee, either interim or final, as applicable, which percentages are
cumulative.
Phase % Cumulative %
Program Completion Phase 5% 5%
Schematic Design Phase 10% 15%
Design Development Phase 20% 35%
Construction Documents Phase 25% 60%
Bidding and Contract Phase 5% 65%
Construction Phase 30% 95%
Construction Close-out Phase* 5% 100%
Total: 100% 100%

(2) Monthly in proportion to the Contractor's certificate for payment for the
following phase.
Construction phase—95 percent
(3) Upon satisfactory completion and furnishing required documents to the Owner
for the following phase.
Construction Close-out phase—100 percent
* One percent of the Designer's fee up to $2,000 maximum may be withheld
from construction close-out payment until completion of the one year
warranty inspection period.

6.1.2 A partial payment for the construction documents phase shall be made when the
Designer has completed 100 percent of the construction documents and has
submitted these to the Owner, the User Agency, and the other required statutory

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 agencies and the Owner determines by inventory check and conformity that all
required documents have been submitted, and are sufficiently complete,
coordinated and ready to bid, then the Designer shall be entitled to a payment of 80
percent of the fee for the construction documents phase. Should the Owner's
approval of the construction documents not be issued within 45 days of submittal
due to no fault of the Designer, then the Designer shall be paid an additional
payment of 10 percent of the fee for the construction documents phase. The balance
of the fee for this phase will be due upon the completion of review by Owner and
User, when corrections have been made, and a complete set of bid documents are
submitted to the Owner. For projects with an AFC over $10 million, interim
payments up to 50 percent of the fee for the construction document phase may be
made by agreement between the Owner and the Designer.
6.1.3 If any phase or phase payment is delayed through no fault of the Designer, the
Owner and Designer may negotiate a partial payment.
6.1.4 The Designer shall promptly pay Consultants. By signing the professional design
services invoice, the Designer agrees that all Consultants will be promptly paid
those amounts due them out of the amount paid to the Designer within 45 days.
Upon receipt of reasonable evidence of the Designer's failure to pay Consultants'
amounts due them, the Owner may withhold all or part of the Designer's payment
until the Owner is satisfied that any amounts owed have been paid or otherwise
settled.
6.2 Payments on account of Designer's additional services and for reimbursable expenses shall
be made on submission of Designer's invoices with supporting data, and their written
approval by Owner and User Agency and issuance of an amendment to the contract
covering such services.
6.3 Payments to the Designer on termination, abandonment or suspension shall be made in
accordance with Articles 9 and 10, hereinafter.

ARTICLE 7
DESIGNER’S SERVICES
7.1 Basic Services. The Designer’s Basic Services consist of the phases described below and
include the normal services of the Designer and normal complementary or supplementary
services of his/her Consultants, and any other services included in the contract. Review
documents of each phase shall be submitted to the Owner and to the User Agency for their
approval. In addition, for the Construction Documents Phase, review documents shall be
submitted to regulatory agencies designated by the Owner or required by law, for their
approvals. Designer shall not proceed to any subsequent phase until the requisite written
approvals are received and until authorized by the Owner in writing to so proceed. All
Statements of Probable Cost shall be adjusted to the anticipated bid date of the project.
The Designer shall be responsible for compliance with all applicable codes. All items not
specifically covered by codes shall be designed in accordance with the standards
established by accepted professional groups or by industry standard for that specific item
of work. The Designer is the responsible party to investigate and determine the applicable

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 authorities with jurisdiction, beyond that of those referenced in the Louisiana Building
Code for State Owned Buildings, and reflect such requirement of those authorities
regarding adequacy of the design and its ability to meet licensure requirements for
operation, if required.
The Designer shall be responsible, to a reasonable Standard of Care, for the professional
quality, technical accuracy, and the coordination of all designs, drawings, specifications
and other services furnished under this contract. The Designer, in accordance with Article
5.1.3(2), shall without additional compensation, correct or revise any errors or deficiencies
in the design’s drawings, specifications, and other services.
7.1.1 Program Completion Phase
(1) After the initial pre-design conference, the Designer shall meet and work
with the User Agency to determine more detailed program requirements for
the project and shall refine and complete the program in a form acceptable
to the Owner.
(2) The Designer shall make recommendations whether the AFC is realistic for
the project when compared with the completed program, as described in
Article 4.3.
(3) The Completed Program shall be submitted to the Owner and the User
Agency for their written approval and thereafter only the Owner shall have
authority to alter the Program. Any authorization by the Owner to alter the
Completed Program shall be in writing.
(4) The Designer shall, as part of this Contract, provide all geotechnical
investigations, topographic surveys, and other site related information
necessary for the design of the project.
(5) The Designer shall finalize the Time Schedule as described in Article
3.3.1(4), for the Owner’s approval.
7.1.2 Schematic Design Phase
(1) Based on the approved Completed Program, AFC, Site Location, and Time
Schedule, the Designer shall prepare Schematic Design Documents,
investigating two alternative design concepts, unless Owner directs
otherwise. Submission shall be in such format and detail as required by the
Owner, consisting of drawings, outline specifications, and other documents
illustrating the general scope, scale, and relationship of the Project
components for the written approval of the Owner and the User Agency.
Detail submittal requirements are described in the Instructions to Designers.
(2) The Designer shall submit to the Owner and User Agency a Statement of
Probable Cost based on current area, volume or other unit costs method.
(3) An analysis of requirements of the Louisiana Building Code for State
Owned Buildings as they relate to this project shall be prepared by the
Designer and submitted for review and approval. It shall be the
responsibility of the Designer to verify the latest edition of the codes and
standards in effect for use on a project. The Designer is responsible for

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 identifying all regulatory agencies and permits necessary for the completed
project to function as needed.
7.1.3 Design Development Phase
(1) Based on the approved Schematic Design Documents and any adjustments
authorized by the Owner in the Program and/or the AFC, the Designer shall
prepare, for approval by the Owner, Design Development Documents
consisting of drawings, expanded outline specifications based on the
Construction Specifications Institute (CSI) format, and other documents to
fix and describe the size and character of the entire project as to
architectural, structural, mechanical and electrical systems, materials, and
such other elements as may be required. Detail submittal requirements are
described in the Instructions to Designers.
(2) The Designer shall submit to the Owner and User Agency a Statement of
Probable Cost based on the current version of the Construction
Specifications Institute format. This shall have back-up material and data in
such format and detail as required by Owner to support each of the
Divisions.
(3) The Designer shall submit a more detailed analysis of the codes required by
the Louisiana Building Code for State Owned Buildings, consisting of, but
not necessarily limited to, statements of:
(a) classification of occupancy,
(b) classification of construction, and
(c) code allowable area with increase for exceptions.
(4) A preliminary Energy Conservation Analysis for the Project shall be
prepared by the Designer and submitted to the Owner for review and
approval. The requirements of this analysis shall be as detailed in the
Instructions to Designers.
(5) The Designer shall submit FEMA Flood Zone requirements including the
flood zone requirements of the National Flood Insurance Program, plus
local ordinances associated with the floodplain.
7.1.4 Construction Documents Phase
(1) Based on the approved Design Development Documents and any further
adjustments authorized by the Owner, in the scope, quality, or AFC of the
Project the Designer shall prepare for written approval by the Owner, the
User Agency, and other State and Federal Regulatory agencies as required
by law, the following documents bearing the Designer’s seal and those of
his/her Consultants, all sufficiently complete and clear to define the quantity
and quality of the work to bid and build the Project:
(a) Working drawings, dimensioned plans, elevations, sections, details and
schedules of all architectural, landscaping, civil, structural, mechanical,
and electrical work in the project. Detail submittal requirements for
working drawings are contained in the Instructions to Designers.

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 (b) Technical Specifications - of the materials, processes, or systems to be
incorporated in the work, using the Construction Specifications Institute
format. During the preparation of the technical specifications, the
Designer shall make recommendations for the Owner’s review,
regarding the type and number of tests required for the Project. State
law prohibits the Designer from closing specifications on any item in
the specification, except as provided for in R.S. 38:2290-2296 and the
Louisiana Administrative Code’s Title 34, Part III, Section 901. Any
reason for closing specifications as provided for by law shall be brought
to the attention of the Owner in writing for review by the Designer.
Additional requirements for specifications are contained in the
Instructions to Designers documents, which shall be furnished to the
Designer.
(c) Bidding and Construction Contract Forms - the Owner shall furnish to
the Designer policy requirements that the Designer must include in
his/her Documents on the following: Advertisement for Bids,
Instructions to Bidders, Bid Form, General Conditions, Supplementary
General Conditions, Contract Between Owner and Contractor,
Performance and Payment Bond, Non-Collusion Affidavit, and other
forms used by the Owner. The Designer shall consult with the Owner to
determine if a Prevailing Wage Determination from the Secretary of
Labor should be included in the Documents and obtain one if necessary.
(d) All documents shall be complete and coordinated. The Designer is
responsible for coordination of all documents and all disciplines. The
Designer is responsible for coordination between all named products
and performance criteria.
(2) The Designer shall submit to the Owner and User Agency an updated
Statement of Probable Cost based on the Construction Specifications
Institute format with back-up material as described in Article 7.1.3 above.
This estimate is especially important, as the Designer’s estimate (Base Bid)
shall be shown on FP&C’s Bid Tabulation Form for the Bid Opening, in
coordination with R.S. 38:2212(H). In addition, the updated Statement of
Probable Cost (Base Bid and any Owner approved alternates) may affect
the Designer’s fee per Articles 4.3 and 5.1. Any adjustment of the AFC
must be approved in writing by the Owner.
(3) The Designer shall update and verify the Energy Conservation Analysis
prepared in the Design Development Phase.
(4) The Designer shall submit one bound copy of all design calculations on the
Project for the Owner’s files.
7.1.5 Bidding and Contract Phase
(1) Upon receipt of written approval from the User Agency and other State
regulatory agencies, receipt of corrected and completed Construction
Documents, and approval of the latest Statement of Probable Cost, the
Owner may advertise the Project for bids and shall be assisted by the

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 Designer in obtaining bids. It is the Designer’s responsibility to have
approvals, which have not expired or will not be expired, by the time of
anticipated contract award.
(2) Prior to receipt of bids, and in accordance with all applicable public bid
statutes, the Designer shall be responsible for the furnishing and distribution
of copies of Bid Documents to:
(a) all contractors licensed in accordance with State law who desire to bid
the Project, subject to deposit requirements as provided for in the
Advertisement for Bids,
(b) the User Agency, other State agencies, and regulatory authorities as
required, or directed by the Owner.
(3) Designers may recommend alternative methods of document distribution
for approval by Facility Planning and Control. Alternative methods must:
(a) Provide equal or better access by potential bidders than the conventional
method described in the Instructions to Bidders. For exclusively
electronic plan distribution, prospective plan holders must be able to
download files in a reasonable time and print paper copies, or have them
printed, at a reasonable cost.
(b) Comply with all provisions of R.S. 38:2212(D) and all other public bid
statutes.
(4) The Designer shall be responsible for evaluating prior approval requests for
substitution of materials, products and equipment required by the applicable
statutes and Owner procedures.
(5) The Designer shall prepare and issue all addenda, in accordance with the
Contract Documents, as required to modify or clarify the Construction
Documents. Items not included in the approved program and/or items
previously rejected or not approved shall not be included in any addendum
without Owner’s approval.
(6) The Designer shall arrange, prepare for and conduct a pre-bid conference in
accordance with the Contract Documents.
(7) Unless waived by the Owner, the Designer shall be present for the opening
of bids by the Owner and shall provide a form for assisting the Owner in
tabulating the bids.
(8) After receipt of bids, the Designer shall analyze the bids, consult with the
Owner and User Agency and make written recommendation to the Owner
to:
(a) award the Construction Contract to the lowest responsible and
responsive bidder or
(b) reject all bids.

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 7.1.6 Construction Phase
(1) The Designer shall provide administration of the Construction Contract as
set forth herein and in the Construction Documents.
(2) After award of the Construction Contract, the Designer shall complete and
submit to the Owner a Cost Data Form, in a format provided by the
Owner.
(3) The Owner will select, contract, and pay for testing services as
recommended by the Designer and approved by the Owner.
(4) The Designer, as the representative of the Owner during the Construction
Phase, shall advise and consult with the Owner and all of the Owner’s
instructions to the Contractor shall be issued through the Designer. The
Designer shall have authority to act on behalf of the Owner to the extent
provided herein or as provided for in the Contract Documents unless
otherwise modified in writing.
(5) After the execution of the Construction Contract, the Owner will issue a
Notice to Proceed to the Contractor and will notify the Designer to arrange
for and conduct a pre-construction conference.
(6) The Designer and his/her principal Consultants shall visit the project as
often as necessary to become generally familiar with the progress and
quality of the work and to determine if the work is proceeding in accordance
with the contract documents. Such visits by the Designer shall not be less
than once per week when the work is in progress.
The Designer’s principal Consultants shall visit the project as often as
necessary to become generally familiar with the progress and quality of the
work related to their disciplines and to determine if that work is proceeding
in general accordance with the contract documents. Such visits by the
principal Consultants shall not be less that an average of once per two weeks
while the scope of their work is being performed. The Designer shall not
assume the role of his/her principal Consultants in making site visits. In
addition, project visits by both the Designer and his principal Consultants
shall occur at key points in the construction process, including as a
minimum, installation of underground utilities, structural, foundation and
all other reinforcement placement, concrete pours, open wall inspections,
open ceiling inspections, framing inspections, roof installation, and any
other significant work prior to its concealment, and other situations as the
Designer deems appropriate.
Based on the Designer’s and principal Consultant’s on-site observations,
he/she shall endeavor to guard the Owner against defects and deficiencies
in the Work of the Contractors. A written report of each visit to the project
shall be prepared by the Designer and each of his/her principal Consultants
and shall be transmitted to the Owner, User Agency, and Contractor within
seven (7) calendar days after each visit.

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(7) The Designer agrees that his/her designated representatives on the
construction project shall be qualified by training and experience to make
decisions and interpretations of the Construction Documents and such
interpretations shall be binding upon the Designer as if made directly from
the Designer. All such decisions shall be confirmed in writing immediately
with copies to the Owner and Contractor, conditioned that such decisions
and interpretations shall not modify adversely the requirements of the
contract documents. If at any time, the Owner determines that the
designated representative does not meet these qualifications, the Designer
shall promptly replace the representative.
(8) Based on observations at the site and on the Contractor’s Applications for
Payment, the Designer shall determine the amount due the Contractor and
shall certify and issue Certificates for Payment in such amounts. No
Certificate of Payment shall be issued until a schedule of values has been
received from the Contractor. The issuance of a Certificate for Payment
shall constitute a representation by the Designer to the Owner, that the Work
has progressed to the point indicated and that to the best of the Designer’s
knowledge, information and belief, the quality of the Work is in general
accordance with the Contract Documents and that the Contractor is entitled
to payment in the amount certified. By issuing a Certificate for Payment,
the Designer shall not be deemed to represent that he/she has made any
examination to ascertain how and for what purpose the Contractor has used
the monies paid on account of the Contract sum. The Designer shall process
certificates as promptly as possible with copies to the Contractor, and in any
case within seven (7) calendar days. If a certificate is held up or adjusted
for any reason, written notice stating the reasons for the delay or adjustment
must be given to the Contractor and Owner within seven (7) days.
(9) The Designer shall instruct the Contractor to establish and conduct a regular
schedule of monthly meetings, to be held on the job site each month
throughout the construction period, and shall require attendance at the
meetings by representatives of his/her principal Consultants. The Owner
and User Agency shall be notified of such meetings and may be represented.
It shall be the principal purpose of these meetings, or conferences, to effect
coordination, cooperation and assistance in every practical way to the end
of maintaining progress of the project on schedule and completing the
project within the contract time.
(10) The Designer shall prepare and submit to the Owner, User Agency and
Contractor a monthly Status Report on the Project. The form of the Report
shall be supplied to the Designer at the Pre-Construction Conference. The
Designer’s Status Report shall be submitted to the Owner monthly along
with the Contractor’s Certificate for Payment and Designer’s Statement for
Professional Services.
(11) The Designer shall be the interpreter of the requirements of the Contract
Documents. The Designer shall make decisions relating to the execution

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 and progress of the Work and on all other matters or questions related
thereto.
(12) The Designer shall have authority to reject work, which does not conform
to the Contract Documents. If the Designer considers it necessary or
advisable to insure the proper implementation of the intent of the Contract
Documents, he/she shall request the Owner authorize special inspection or
testing of any Work in accordance with the provisions of the Contract
Documents whether or not such Work be then fabricated, installed or
completed.
(13) The Designer shall promptly review 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. The Designer shall promptly respond to all requests for
information from the Contractor within a reasonable time. The Designer
shall be held accountable as described in Article 5.1.3(2).
(14) Only with the authorization of the Owner, shall the Designer prepare
Change Orders. The Designer shall obtain the Contractor’s estimate of cost
and time changes in accordance with the Contract Documents for the
Change Order, review and approve same, and submit it to the Owner for
approval before any changes are made in the Contract. No additional
compensation shall be due the Designer for preparation of Change Orders
without the written prior approval for such compensation by the Owner, as
described in Article 5.1.3(1).
(15) R.S. 38:2241.1 entitled Acceptance of Governing Authority defines the
procedures in accepting a project and gives the Owner the discretion to
make acceptance on completion or substantial completion. Upon
completion of the work, or on substantial completion or for partial
occupancy, as requested by the Owner, the Designer shall conduct an
inspection of the project with the Owner, the User Agency, and the
Contractor to determine if the Contractor’s work is in general accordance
with Contract Documents. The Designer shall prepare a list of items (punch
list) for correction or completion together with an assigned dollar value as
described in R.S. 38:2248(B), and furnish it with his/her recommendation
of acceptance.
When the Owner desires to accept on completion or substantial completion,
the Designer shall recommend such acceptance in writing and shall review
Contractor’s application and certify payment of funds due the Contractor,
excepting retained percentage, liquidated damages, and the value of the
punch list items. Upon the Contractor’s furnishing of a clear lien certificate,
consent of surety, and an application for payment, the Designer shall certify
payment for the retainage. Upon submittal of the Contractor’s application
for payment, the Designer shall certify payment on all completed punch list
items after the forty-five day lien period.

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 Upon Recommendation of Acceptance, the Designer shall receive, review
and forward to the User Agency guarantees, operation, and maintenance
manuals, keys and other closing documents as required by the Contract
Documents. Designer shall obtain a written receipt for these and forward
same to the Owner, together with copies of all guarantees and warranties.
7.1.7 Construction Close-out Phase
(1) After acceptance of the Project by the Owner, the Designer shall prepare
and furnish to the Owner As-Built Record Drawings and Specifications as
described in FP&C’s Instructions to Designers. The Record Drawings shall
be prepared on the basis of information furnished by the Designer, inclusive
of Supplemental Drawings, the Contractor, based on the as-built work, the
required adjustments to the contract documents, and the change orders, and
shall be submitted timely to FP&C. Contractor shall provide, as part of the
Operations and Maintenance Manual, all items in the specifications as
required.
(2) Designer shall review and approve completion of “punch list” items
remaining after acceptance and shall certify payment to the Contractor. If
the Designer does not find the work acceptable under the Contract
Documents after the first onsite punch list review, the Designer shall make
one additional punch list review. If the work is still not acceptable, the
Designer, and each of the Designer’s principal Consultants, shall be paid
for their time at the project site, for each additional punch list review, if
prior approved by the Owner.
(3) Warranty Work: The Designer shall be required to follow up on items to
be corrected during the warranty period and shall arrange for and conduct
an on-site review of the Project prior to expiration of the one-year warranty
period. The Designer shall be required to inform the Owner, User Agency,
and Contractor of any items to be corrected and shall inspect the Project as
required until items are corrected.
7.2 Project Representation Beyond Basic Services
7.2.1 If the Owner and Designer agree that more extensive representation at the site is
required than is described in Article 7.1.6, then the Designer shall provide one or
more Project Representatives to carry out such responsibilities at the site.
7.2.2 Such Project Representatives shall be selected, subject to Owner’s approval,
employed and directed by the Designer, and the Owner shall compensate the
Designer for such services. If, in the opinion of the Owner, such representatives
are either negligent or unqualified to perform their duties, the Designer’s
representative shall be replaced promptly, without protest.
7.2.3 Through the services of such Project Representatives, the Designer shall endeavor
to provide further protection for the Owner against defects and deficiencies in the
work.

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 7.2.4 The Owner shall have the option of providing one or more Project Representatives
at the site during construction, which representative(s) shall be paid by the Owner
and shall be under the Owner’s direction.
7.3 Additional Services
Additional Services, as required by the Owner, shall be provided by the Designer only
when authorized in writing by the Owner, prior to performance of the services, and shall
be paid for by the Owner as hereinbefore provided. Such services will be incorporated into
the contract by an amendment. Additional services may include, but are not limited to, the
following:
7.3.1 providing design services relative to future facilities, systems and equipment which
are not included to be constructed as part of the Project,
7.3.2 providing interior design and other services required for the selection of furniture
and furnishings, and movable equipment,
7.3.3 preparing measured drawings when these are not available, or for archival research,
7.3.4 providing extensive Program revisions when the necessity of such as additional
services is authorized in writing by the Owner, or
7.3.5 providing any other special services not otherwise included in the Contract or not
customarily furnished in accordance with generally accepted Designer’s practice.

ARTICLE 8
DESIGNER’S ACCOUNTING RECORDS
8.1 Records of direct reimbursable expenses and expenses pertaining to additional services on
the project, and for services performed on the basis of multiplier times direct personnel
expense, shall be kept on the basis of generally accepted accounting principles and shall be
furnished and/or made available to the Owner or the Owner’s authorized representative on
request.

ARTICLE 9
TERMINATION OF CONTRACT
9.1 The contract between Owner and Designer may be terminated by either party upon 30 days
written notice to the other party, should said other party fail to perform in accordance with
its terms, through no fault of the terminating party, or the contract may be terminated by
mutual consent.
9.2 In the event of termination by the Owner due to failure of the Designer to perform
satisfactorily, the Designer shall receive no compensation beyond that already paid or due
for the last satisfactorily completed phase. Any work done shall become the property of
the Owner to be used at the Owner’s discretion without additional compensation to the
Designer. No compensation shall be paid to the Designer for any uncompleted phase,
except by written agreement between Owner and Designer prior to termination. Such
termination shall constitute the Designer being held at fault under the terms of R.S.
38:2313(B)(5), which provides that problems with time delays, cost overruns or design

18
 inadequacies for which the Designer is held to be at fault, shall be taken into account by
the selection boards in considering past performance on public projects.
9.3 In the event the contract is terminated by mutual consent, the Designer shall be paid for all
work completed prior to termination, and all work done shall become the property of the
Owner to be used at the Owner’s discretion without additional compensation to the
Designer.

ARTICLE 10
ABANDONMENT OR SUSPENSION
10.1 If any work designed or specified by the Designer is abandoned or suspended in whole or
part by the Owner, the Designer is to be paid for the services rendered up to receipt of
written notice from the Owner, as follows.
(1) If the abandonment or suspension occurs at the completion of a phase, the Designer
shall submit to the Owner all required deliverables and shall be paid the full amount
due on completion of such phase as described in Article 6.1.1.
(2) If the abandonment or suspension occurs during a phase, the Designer shall submit to
the Owner all documents prepared by him/her up to receipt of written notice from the
Owner, and the Owner shall compensate the Designer up to the percentage completion
of that phase.
10.2 Should the project be reactivated, the new fee will be computed on the basis of the revised
AFC and Article 5.1.1(2) if inactive for more than 24 months. The Designer's fee for the
phases of work required to complete the project shall be the percentages for such phases
stated in Article 6.1.1 applied to the new fee. Any required code update or scope change
may merit additional services per Article 5.2, as the anticipated project design effort
warrants.

ARTICLE 11
OWNERSHIP OF DOCUMENTS
11.1 Per R.S. 38:2317, any and all plans, designs, specifications, or other construction
documents resulting from professional services paid for by the Owner shall remain the
property of the Owner whether the project for which they were prepared was constructed
or not. If a project is terminated for any reason prior to completion of the project, electronic
copies of the most current drawings and specifications shall be transmitted by the Designer
to the Owner.
11.2 Upon completion of the project, record drawings (as-builts) shall be furnished to the Owner
and the User Agency. The Designer shall have the right to re-use the construction
documents on other projects not constructed for the Owner.
11.3 The right of Ownership provided for above shall not be transferable.

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 ARTICLE 12
SUCCESSORS AND ASSIGNS
12.1 The Owner and the Designer each binds him/herself, his/her partners, successors, assigns,
and legal representatives to the other party to the Contract and to the partners, successors,
assigns, and legal representatives of such other party with respect to all covenants of the
Contract. Neither the Owner nor the Designer shall assign, sublet, or transfer his/her
interest in the Contract without the written consent of the others.

ARTICLE 13
EXTENT OF AGREEMENT
13.1 The Contract, this Manual, and the Instructions to Designers represent the agreement
between the Owner and the Designer. The Contract may be amended only by written
instrument signed by the Owner and the Designer.

ARTICLE 14
GOVERNING LAW
14.1 The Contract shall be governed by the laws of the State of Louisiana. The Nineteenth
Judicial Court in and for the Parish of East Baton Rouge, State of Louisiana shall have sole
jurisdiction in any action brought under this contract.

ARTICLE 15
OTHER CONDITIONS
15.1 Insurance. Prior to the signing of the contract between Owner and the Designer, the
Designer shall furnish to the Owner proof of coverage for the following.
15.1.1 Insurance. Professional liability insurance shall be required as per the Owner's
requirements on a project by project basis. Refer to Exhibit B of the contract for the
extent of coverage required. Insurance will be required at the time of contract
execution between the Owner and the Designer. Proof of coverage will be required
at that time. No deductible shall be in excess of 5 percent of the amount of the
policy
15.1.2 Comprehensive general liability with minimum limits of $500,000 per
accident/occurrence.
15.1.3 Comprehensive automobile liability insurance with minimum limits of $300,000
per accident/occurrence.
15.1.4 The Designer shall provide a certificate of insurance as proof of workmen's
compensation coverage.
15.2 Affidavit. The Designer, on signing the contract, shall submit to the Owner, on such form
as the Owner shall designate, a Non-Collusion affidavit.
15.3 When the time schedule has been established by the Owner and Designer, a completion
date shall be set up for delivery of 100 percent completed, coordinated and ready to bid
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 construction documents to the Owner. If the Designer is delayed through no fault of his/her
own, then the completion date shall be extended accordingly, provided the Designer makes
such request in writing before starting the subsequent phase and the Owner approves such
as justified. The Designer shall continue to work during this process.
15.4 Non-Binding Mediation
15.4.1 In an effort to resolve any conflicts that arise during or following the completion of
the project, the Owner and the Designer agree that all disputes between them arising
out of or relating to this agreement shall be submitted to non-binding mediation
unless the parties mutually agree otherwise. If non-binding mediation is not
successful, then arbitration is the only remedy available to all parties of the contract.
Arbitration, mediation and/or any legal action resulting from this contract shall take
place in East Baton Rouge Parish.
15.4.2 The Owner and Designer further agree to include a similar mediation provision in
all agreements with independent contractors and consultants retained for the project
and to require all independent contractors and consultants to likewise include
providing for mediation as the primary method for dispute resolution between the
parties to those agreements.
15.4.3 If this non-binding mediation fails to resolve any conflicts, then the following
arbitration clause shall take effect. All claims, disputes and other matters arising
from the contract shall, at the option of the Owner, be decided by arbitration. To the
extent possible, such arbitration proceedings shall be conducted in accordance with
the construction industry association rules of the American Arbitration Association.
Any such arbitration proceeding shall, at the option of the Owner, be consolidated
with or joined to other arbitration proceedings between the Owner and other
persons or entities under contract with the state for the construction, repair or
alterations of the project in question.
15.5 Fault. Time delays, cost overruns, design inadequacies or other problems with performance
of the Designer may result in the Designer being held "at fault." The Owner shall determine
if the Designer is to be held at fault as provided in R.S. 38:2313(B)(5).

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