Current through Register Vol. 50, No. 9, September 20, 2024
A. The AFC, as defined by §103, shall be
stated in the contract between owner and designer.
B. 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.
C.
1. 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 projects 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:
a. 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;
b. provide
additional funds to increase the AFC; or
c. abandon or suspend the project.
2. 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
§109.A.1.d and
§109.A.3
D.
1. When the lowest bona fide base bid exceeds
the AFC, the owner shall have the option to:
a. have the designer, without additional
compensation, modify the construction documents as required in order to rebid
the project to be within the AFC;
b. provide additional funds to award the
construction contract without adjustment of the fee if the project scope
remains the same; or
c. abandon the
project.
2. 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and responsive bidder, not withdrawn in accordance with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.
E. 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.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:1410.
