Current through Register Vol. 50, No. 9, September 20, 2024
A. Payments
on account of designer's services shall be made as follows.
1. Basic Services a. 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 Paragraph 2); such payments
shall be up to the following percentages of the designer's fixed fee, either
interim or final, as apphcable, which percentages are cumulative.
|
Program completion phase
|
5 percent
|
|
Schematic design phase
|
15 percent
|
|
Design development phase
|
35 percent
|
|
Construction documents phase
|
60 percent
|
|
Bidding and contract phase
|
65 percent
|
b. Monthly in
proportion to the contractor's certificate for payment for the following phase:
Construction phase-95 percent.
c.
Upon satisfactory completion and furnishing required documents to the owner for
the following phase: Construction close-out phase-100 percent.
i. One percent of the designer's fee up to
$2,000 maximum may be withheld from constmction close-out payment until
completion of the one-year warranty inspection period.
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 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.
3. If any phase or phase payment is delayed
through no fault of the designer, the owner and designer may negotiate a
partial payment.
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.
B. 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.
C.
Payments to the designer on termination, abandonment or suspension shall be
made in accordance with
§117 and 119,
hereinafter.
AUTHORITY NOTE:
Promulgated in accordance with
R.S.
39:1410.
