SECTION 1€¦ · Web view2021. 1. 2. · project. The professional fees and conditions...
45
FEE GUIEDLINES GUIDELINES [although I think i t should be Guide throughout] FOR LANDSCAPE ARCHITECTURAL CONSULTING SERVICES ALL LOOKS A BIT CLUNKY … CAN WE CLEAN IT UP?
SECTION 1€¦ · Web view2021. 1. 2. · project. The professional fees and conditions negotiated with a landscape architect should reflect the level of service, expertise, experience,
FEE GUIEDLINESGUIDELINES [although I think it should be Guide
throughout]
FOR LANDSCAPE ARCHITECTURAL
ALL LOOKS A BIT CLUNKY … CAN WE CLEAN IT UP?
November 2020
Table of Contents ALIGNMENT NEEDS TO BE TIDIED-UP (RADICALLY!) AND
IS IT A “GUIDE” OR “GUIDELINES”? I’M GOING WITH GUIDE PLUS … IT
SEEMS IMPOSSIBLE TO EDIT THE CONTENTS LIST WITHOUT JUMPING TO THAT
ACTUAL CONTENT SECTION 1 – INTRODUCTION 4 1.1 Landscape
Architecture in Manitoba 4 1.2 Purpose of the MALA Fee Guide 4
SECTION 2 – AREAS OF PRACTICE AND LEVELS OF COMPLEXITY 6 2.1 Areas
of Practice 6 TYPE 1 – RURAL/INDUSTRIAL LANDSCAPES 6 TYPE 2 – CIVIC
LANDSCAPES 7 TYPE 3 – SPECIALIZED LANDSCAPES 7 2.2 Levels of
Complexity 8 LEVEL 1 - STANDARD 8 LEVEL 2 – ADVANCED 8 LEVEL 3 –
EXCEPTIONAL 9 SECTION 3 – SELECTING A LANDSCAPE ARCHITECT 10 3.1
Role of the Landscape Architect 10 3.1.1 Prime Consultant 10 3.1.2
Sub-consultant 10 3.1.3 Joint Venture Consultant 10 3.2 Terms of
Reference / Scope of Services 10 3.2.1 Proposal Assumptions 11
3.2.2 Submission of Proposal 12 3.3 Methods of Selecting
Consultants 12 3.3.1 Notification 13 3.4 Agreement for Consulting
Services and Fiscal Responsibilities 13 3.4.1 Landscape Architect’s
Responsibilities 13 3.4.2 Client’s Responsibilities 14 3.4.3
Disputes 14 SECTION 4 - LANDSCAPE ARCHITECTURAL SERVICES 15 4.1
Category 1 – Advisory and Consulting Services 15 4.2 Category 2 -
Pre-design Services 16 4.3 Category 3 - Design Services 16 4.3.1
Conceptual Design Stage 16 4.3.2 Design Development Stage 17 4.3.3
Detailed Design, Technical Specifications and Tender Documents
Stage 17 4.4 Category 4 - Contract Administration & and
Monitoring Services 17 4.4.1 Contract Administration 17 4.5
Category 5 - Post Construction Services 19 SECTION 5 – DETERMINING
CONSULTING FEES 20 5.1 Fee Basis Methods 21 5.2 Time Basis 21 5.3
Fixed Fee Basis 22 5.4 Percentage Fee Basis 22 5.4.2 Services 22
5.4.3 Sub-consultants 23 5.4.3 Guideline Percentage Rates 24
SECTION 6 – SPECIAL SERVICES AND CONDITIONS 25 6.1 Alternative
Design 25 6.2 Reimbursable Expenses (Disbursements) 25 6.3 Travel
Time 26 6.4 Taxes 26 6.5 Extra Work 26 6.6 Payment 26 6.7 Retainer
26 6.8 Pro Bono Services 27 6.9 Contract Administration by a 3rd
Party 27 6.10 Re-use of Drawings & Specifications 27 6.11
Completion Date and Delays 28 6.12 Abandonment of Project 28 6.13
Limitation of Liability 28 6.14 Termination of Contract 28 6.15
Ownership of Proposal 28 SECTION 7 – REFERENCES 29
SECTION 1 – INTRODUCTION
1.1 Landscape Architecture in Manitoba
Landscape Architecture architecture is the profession that applies
knowledge of the earth's natural systems and human cultures to the
planning, design, construction and management of urban and rural
physical developmentsenvironment. Its goals are to create, enhance
or preserve exterior spaces while promoting attitudes of respect,
care and responsibility in conserving the landscapes of human
heritage and the habitat of other species. Landscape architects
foster an understanding of the physical and cultural environments
through the creation of new places. The services provided by
Landscape Landscape Architects architects apply design principles
and professional expertise to the research, planning, design and
construction of exterior landscapes, with an interest forand are
committed to the safety, health and well-being of the public.
The Manitoba Association of Landscape Architects (MALA) was
established in 1974 and represents and sets standards for Landscape
landscape Architects architects in the Province province of
Manitoba. The Association MALA is one of the nine provincial,
regional or territorial bodies that constitute the Canadian Society
of Landscape Architects (CSLA). As a component organization of the
Canadian Society of Landscape ArchitectsCSLA, and as an
organization of self-governing professionals, the Association MALA
understands the importance of maintaining public trust. Breach of
the MALA Code of Conduct can lead to a reprimand or suspension of
membership, along with losing loss of the right to use the title
‘Landscape Architect’. The MALA Code of Conduct is available to the
public and can be requested from the MALA office or found at
www.mala.net
For the purpose of this document, a Landscape Architect is an
individual proprietor or a company registered by the MALA.
Membership in the MALA is achieved through a combination of
accredited post-secondary education, passing of the Landscape
Architectural Requirement Registration Examinations (LAREs) and the
completion of a supervised internship period of no less than 2 two
years.
1.2 Purpose of the MALA Fee Guide
The purpose of this document is to assist the Cclients and
Landscape landscape Architect architects in to determining
determinean appropriate fees for a specific Landscape landscape
Architectural architectural projects.
This Fee Schedule Guide is applicable only to members of the
Association association and describes what the MALA Executive
Council of the Association considers an equitable basis for
members’ establishing an appropriate fee for services related to a
specific project. The Guideline is based on principles that are
applicable to all types of landscape architectural
assignments.
These This Guidelines are is not intended in any way to assign
agreement or consensus by members of the Associationintended to
establish minimum fee levels. MALA members are bound by a their
Code of Ethics Conduct to negotiate fees and services with the
client that are appropriate to each individual project. The
professional fees and conditions negotiated with your a landscape
architect should reflect the level of service, expertise,
experience, operating costs, liability protection and profit
required forappropriate to each project.
The Guideline is not a legal document unless expressly used as
such, and it is not intended to replace contractual arrangements
that are designeddrawn up for specific situationsprojects. The MALA
will not be responsible liable [?] for any damages
resultingconsequences of using or not using the from Guideline use
or non-use on any specific project.
The MALA will review this document periodically and invites readers
to contact the Association sssociation with any comments, which
will be added to a “watch list” for such a review.
1.3 Consulting Fees
The effort and time assigned to providingprovision of lLandscape
aArchitectural services takes into considerationinvolves the costs
of running a consulting business, beyond the traditional tasks of
design and contract / construction management, including:
CAN WE AVOID THESE INSETS?
· pProduction costs associated with creating deliverables
· cComprehensive business expenses including: rent, office supplies
/ overheads, salaries, staff medical benefits, pension plans, paid
vacation time
· iInsurance including; professional liability, / errors and
omissions, office comprehensive, and WCB insurance
· software licenses
· rA reasonable expectation of profit
· aApplicable taxes: – Note: Harmonized Sales Tax (HST) is not
included in the base fee, but must be included in the project total
in accordance with Federal federal and Provincial provincial
laws
· rReimbursable expenses (disbursements) are out-of-pocket expenses
incurred by the consultant in the delivery of the a project.
When large disbursement items such as tender documents exceed the
approved percentage, these one-time costs should be billed in
addition to the fixed percentage with a copy of the invoice
provided to the client. for reference.
OUGHT WE TO HAVE SOME KIND OF PREAMBLE HERE [OR EVEN BEFORE THE
INTRODUCTION] THAT EXPLAINS THAT LAs CHARGE FOR THEIR SERVICES ON
ONE (OR A HYBRID OF) THREE KINDS OF BASIS – TIME / FIXED FEE / %
SCALE FEES – DEPENDING ON THE TYPE OF PROJECT, ITS COMPLEXITY AND
THE EXTENT OF SERVICES REQUIRED. AS A CONSEQUENCE, THIS DOCUMENT IS
SET OUT ON THE BASIS OF TYPES OF PROJECT, METHODS OF CONSULTANT
SELECTION, STAGES OF WORK, EXPLANATION OF THE THREE BASES, AND
ADDITIONAL CONSIDERATIONS
SECTION 2 – AREAS OF PRACTICE AND LEVELS OF COMPLEXITY
Landscape Architects architects plan, design and manage landscapes
at a variety of scales and complexities in both the public and
private sectors. As a multi-disciplinary profession, landscape
architecture incorporates aspects of allied disciplines such as
architecture, engineering, urban design / planning, industrial
design, fine arts, botany, horticulture, soil science, geography,
and ecology. Landscape architects apply creative and technical
skills, as well as scientific and cultural knowledge, to the design
and arrangement of natural and constructed elementsenvironments.
The goal is to create safe, comfortable and aesthetically inspiring
environments that support and contribute to natural systems while
and accommodating accommodate functional requirements of the
designated space.
2.1 Areas of Practice
Projects involving Landscape landscape Architects architects vary
significantly, and each may require any number ofa different
combinations of design services. Note that Tthe following list of
project types is intended to provides representative examples that
fall under the broader categories, but is not limited to those
shownexhaustive. and Certain some projects may fall into multiple
categories depending on the actual scope and scale of work.
ALIGN LEFT
TYPE 1 – RURAL / INDUSTRIAL LANDSCAPES
Planning and design projects in a greenfield context that require
development to support pedestrian and non-motorized movement,
usually with minimal vehicular infrastructure., including:
· rRural parks
· iIndustrial facilities
· mMaintenance facilities
· eEnvironmental restoration projects e.g. stormwater ponds and
wetlands
· mMulti-use trails
· rReclamation and restoration of quarries or derelict lands other
(brownfield sites)
ALIGN LEFT
TYPE 2 – CIVIC LANDSCAPES
Projects within urban and sub-urban areas that require a broad
range of services, including:.
· uUrban parks
· pPublic squares
· bBotanical gardens
· gGreenways, bicycle trails, and multi-use paths
· cCommunity and district parks with multi-use sports
facilities
· pPlaygrounds and splash pads
· cCommercial and industrial developments
· vVehicular circulation design, parking lots and roadside
facilities
· Coastal marinas and water recreation facilities
· Inland marinas, river and lakeside developments
· eEnvironmental reclamation and remediation
· sShoreline biodiversity and restoration
TYPE 3 – SPECIALIZED LANDSCAPES
These are typically more complex projects and requiring require a
higher specialization level of expertise. They include:
· rResort properties / golf courses
· mMemorials and gardens of remembrance
· hHeritage restoration
· aAmusement and theme parks / attractions
· zZoological, safari, and wildlife projects
· mMuseums and art galleries
· cCustom residential design
Private sector Landscape Architects architects working in the
private sector provide professional advice and services on a fee-
for- service basis. Individuals MALA members are encouraged
required only to practice practise in accordance with their
personal of range of skills, expertise and competency, while and to
conducting themselves in accordance with good professional and best
practicesthe MALA Code of Conduct. Landscape Architects offer
creative advice, creative design solutions and various products in
the form of deliverables.
2.2 Levels of Complexity
Clients and design consultants need tomust have a mutual
understanding of a project’sthe complexity of a project. The
following definitions describe three levels of project complexity,
offered to assist with establishing the scope of work and,
ultimately, a reasonable fee for consulting services. At all levels
of complexity, it is a standard requirement to provide agree
project deliverables. It is also a standard practice for the level
of service to include each step necessary to obtain approvals,
produce contract documents, and administer construction through to
final acceptance of the project.
CRITICAL QUESTION: HOW DO THESE “LEVELS” RELATE TO THE PRECEDING
“TYPES”?
LEVEL 1 - STANDARD
Considered a ‘normal’ development project involving general site
preparation work, minor grading, planting, and standard hard
surface treatments.
This level of service typically applies to a single project and
Client client with a straightforward approval process and minor
municipal and/or environmental constraints. It includes a one-step
design process with limited underground servicing infrastructure to
consider. This level of complexity requires a basic understanding
of public health, safety and welfare and some knowledge of exterior
building codes. Typically, there is no public consultation is
required.
LEVEL 2 – ADVANCED
Advanced Projects projects involving unique site conditions that
require a high degree of non-standard detailed design, intensive
grading, research, and close coordination with multiple parties
including government agencies.
This level of service requires a broader range of skills and
coordination to obtain approvals. The conceptual design phase often
requires several conceptual solutions from which the final design
is developed. Detailed design can require up to four (4)
submissions including coordination with sub consultants in each
round.
Projects typically possess unique site conditions that require a
higher degree of scrutiny and approval by the municipality and
otherappropriate agencies, non-standard design detailing, and more
difficult municipal grading standards. The skill level normally
involves some specialization, ex.e.g. LEED, arborist or aquatic
biologist input, and public consultation with including multi-media
presentations responsibilities.
LEVEL 3 – EXCEPTIONAL
High complexity projects requiring specialized materials and
technologies, and/or extensive research, coordination,
collaboration, and reporting.
This level of service applies where there are multiple
stakeholders, multiple stages of approvals, numerous cClient,
design team member and approval agency meetings, utility
coordination, underground infrastructure and management of the
consultant team when acting as prime consultant. Frequent Projects
at this level of complexity often include frequent and
multi-faceted public consultation programs with the community and
multiple stakeholders.
Additional The additional scope of these projects may include;
heritage or archaeological components, site contamination, multiple
sites, LEED- recognized standards, and integrating the principles
of sustainable development. Approvals may include national,
provincial and municipal clearance approval with extensive public
consultation and facilitation responsibilities during several
stages of the design process. At this level, projects can span
multiple many years of design and involve several phases of
development design and construction.
SECTION 3 – SELECTING A LANDSCAPE ARCHITECT
When planning to retain engage a Landscape landscape Architect
architect for a project or an assignment, it is important to:
1. dDetermine what role the Landscape landscape Architect architect
will play and whether they will act as the prime consultant, a
sub-consultant or a participant in a joint venture.
2. dDefine the Terms terms of Referencereference / Scope scope of
services required for the project
3. dDecide how the Landscape landscape Architect architect will be
selected
4. Establish establish a written agreement for Consulting
consulting Servicesservices
3.1 Role of the Landscape Architect
The role of the landscape architects is typically determined based
onaccording to the level of involvement entrusted to them Landscape
Architect and if whether they are “leading ” the project, or acting
as a sub or co-contributing consultant to on it.
3.1.1 Prime Consultant
A prime consultant is a professional or firm commissioned to lead a
consulting team from project initiation to final acceptance. This
includes the planning, design and preparation of all related
documents. Prime consultants work in accordance withon the basis of
an agreement directly with the client / owner that describes their
scope of services, deliverables, fees and reimbursable expenses.
The prime consultant’s role often includes determination of the
services which best serve the project, and the assembly, management
and coordination of a team of professionals. The role may also
include integration of sub-consultants and coordination of quality
assurance and documentation.
3.1.2 Sub-consultant
A sub-consultant is typically retained to perform a specialized
service for projects that require multi-disciplinary design and
implementation skills. The sub-consultant typically signs an
agreement with the prime consultant or direct with the client that
definesing their services, deliverables, fees and reimbursable
expensesand fees. Fees Accordingly, fees may be paid by either
direct by the client or via the prime consultant. The
sub-consultant agrees to observe accept and comply with the
covenants and meet all relevant obligations contained in the
written agreement between the client and prime consultant.
3.1.3 Joint Venture Consultant
A Joint Venture (JV)is a formal and legally binding relationship
between two or more parties who agree to pool their resources to
act as one legal entity for the limited purpose of completing a
specific project or a specific task. Each firm is responsible for
profits, losses, and all associated costs to complete the project.
The Joint Venture (JV) relationship may be its own entity, separate
and apart from the participant’s other business interests. Each
firm must be acknowledged for their respective services unless the
Joint Venture agreement states otherwise.
3.2 Terms of Reference / Scope of Services
The first step in the process is for a client to prepare a detailed
Terms terms of Reference reference / Scope scope of Services
services and establish consultant and project budgets. Clients
should invite prospective consultants to submit a proposal of
services and fees based on the requirements of the Terms terms of
Referencereference. In requesting a fee proposal from a
Consultantconsultant, Clients clients should provide a complete and
well-prepared Terms of ReferenceRequest for Proposals (RFP) that
includes: the following:
· Context context and background
· Base base information and available reports / studies
· (or indicate thata record of what base information is towill be
made available to the appointed consultant upon award)
· pProject objectives and scope of work including required
facilities, function of spaces and approximate size of key
components
· Design design services required and project deliverables
· sSchedule, budget, submission date and other requirements
· aAnticipated meeting frequency
· Proposal evaluation process for proposals and timing of
consultant selection. timing
The terms of reference should be appropriate for the size and scope
of a project. may simplify the amount of information needed in the
terms of reference; Hhowever, if any of the above bullets arelisted
items is not included, the consultant should ask for clarification
and receive responses. Typically, questions and answers are
recorded and made available to all participantsinvitees to
submit.
Note that a callIt should be noted that a request for proposals is
not necessarily a tender. ThereforeConsequently, the lowest cost
fee offer is not the primary criteria criterion for selection of a
consultant. Price isFees should be only one of the criteria in the
evaluation process to determine an awardof proposals.
Clients should advise the proponents consultants of the evaluation
criteria and the scoring evaluation process to be used to determine
the award. Typical criteria include the consultant’s understanding
of the client’s objectives and requirements; proposed approach and
methodology; scope of services, work plan and schedule;
qualifications, experience and expertise of the consultants and
their proposed team members, and the firms; and proposed
fees.
3.2.1 Proposal Assumptions
If the terms of reference / scope of work fails to clearly describe
clearly the scope of work, the expectations in terms of
deliverables, meetings, sub- consultants or all other issues that
affect the consultant’s ability to prepare a fair and reasonable
fee proposal, the proposal should include a detailed list of
assumptions that specifies exactly what is and is not included in
the fee.
. While the list of assumptions will vary with the type and
complexity of the assignment, the following short list includes
provides examples of assumptions that are commonly used in the
current market place. :
· bBase data shall be provided by the project engineers, surveyors,
planners, architects and/or others, as applicable, in a digital
format (typically CAD) suitable for the design requirements and at
no cost to the lLandscape Architectarchitect.
· Specify statement of the number of meetings included in the fee
and state acknowledgement that more additional meetings are in
additionare charged for to the stated feeadditionally at the hourly
rate(s) of the team member(s) attending. those meetings
· Specify statement of the maximum number of submissions in covered
by the agreed fees including the final submission. Additional
submissions require an extra service.
· Subsub-consultants, e.g. structural, electrical, civil and
geotechnical engineering fees are not included unless specifically
accounted for in the proposal.
· The the cost of all permits is the responsibility of the Client
client unless specifically stated otherwise.
· Changes changes to base data, by others, that require revisions
to approved work shall be identified and a any request for extra
services will be issued communicated to the Client client in
writing for consideration agreement prior to making the
revisions.
· State statement of the terms of payment and penalty applied to
late payments.
· State statement of the terms of for premature termination of the
agreement for services. (See also Section 6.14 for more
information).
3.2.2 Submission of Proposal
In a response to the Terms of Reference, a feeA response from a
consultant to a request for proposal from the consultant should
include, aa a t minimum:
· Letter letter of introduction introducing to the consultant’s
firm (or firms in a group submission) and confirming the intention
to provide the services requested
· statement of uUnderstanding of the scope of services
required
· Approach statement of intended approach and methodology
· Proposed statement of proposed Schedule schedule of for
Workwork
· Itemized list of deliverables [?]
· Team statement of proposed team members’ experience and
qualifications
3.3 Methods of Selecting Consultants
Landscape Architects architects may be selected through one of
several procedures. These include:
· Direct direct appointment or sole-source procurement
· Limited limited source procurement
· Expression Expression of Interest Interest (EOI), followed by
short- listing process and invitation of full written
proposals
· pPrequalifying a short list of consultants
· RRequest for Quotation (RFQ)
· Municipal municipal or agency consultant roster
· Alternative Financing and Procurement (AFP)
· Design design competitions
· Competitor competitor Bid bid Team team proposal (e.g. Design
design-bBuild, Design design-bBuild-f Finance, Design
design-bBuild-f Finance-m Maintain)
3.3.1 Notification
As a courtesy, the client should notify all participants in the
selection process, in writing in a timely manner, of their choice
of the awardwhich consultant they have selected.
3.4 Agreement for Consulting Services and Fiscal
Responsibilities
These This guidelines Guide are represents the opinions of the MALA
and does not necessarily representaddress specific contractual
obligations. The MALA recommends members to seek that written
agreements be executed between parties and that they be prepared
with the assistance and advice of a lawyer familiar with the type
of work to be undertaken and with the regions where the work is to
take place.
The A proposal proposal for consultancy services may provide a
working agreement between the a Client client and the a lLandscape
aArchitect, or it may form the basis for the preparation of a more
detailed formal contract.
The An agreement for consultancy services should include, at
minimum, include the terms of reference and the proposal, the scope
of assignmentwork, a schedule for delivery of services, the
completion date, the basis of for fees and conditions of payment.
The agreement must include any negotiatedall agreed terms between
the client and the consultant.
A LANDSCAPE ARCHITECT EXPLAINS GOLF TO A SCEPTICAL MANUFACTURER OF
CONCRETE PRODUCTS?
3.4.1 Landscape Architect’s Responsibilities
The responsibility of the Landscape landscape Architect architect
is to properly account fully and properly for their time and to
prepare an orderly invoices for their work for remittance to the
client. Invoices for work are normally issued on a monthly basis or
at key pre-determined milestones and represent the value of work
completed to date. Invoices also include amounts for reimbursable
expenses as prescribed in the contract, as well as applicable
taxes.
The invoice should be addressed to the Client client for whom the
work has been prepared and clearly communicate a breakdown of the
services provided along with the total amount charged in Canadian
dollars (unless other currency is stipulated in the agreement).
Direct deposit between banks is now a common and preferred method
of payment that allows both Client client and consultant to track
the payment history and frequency. Terms Timing of payments,
recommended at to be less than 30 days, to and no longer than 45
days, should be stated in the agreement for services and on all
invoices should be stated on all invoices and/or in the Agreement.
Carrying Additional charges for late payment may should also be
applied as a contract condition. Exstated in the agreement : 1
(e.g. 1% per month) for payments received later than agreed to in
the contracttiming. The agreement should also state what expenses
will be reimbursable and these charges should be included in
invoices.
3.4.2 Client’s Responsibilities
The responsibility of the Client client is to agree and approve the
value of the invoices relative to the work performed and to pay the
invoices in a timely manner. It is important to establish in the
agreement that fees, including reimbursable expenses, will be paid
within a specified time after receipt of the invoice.
3.4.3 Disputes
The most frequent cause of disputes between cClients and Landscape
landscape Architects architects is most often the result of a lack
of clarity in the proposal and the signed agreement relating to the
cost of services for theand specified scope of work. When
consultants identify a service request that is not included in the
specified scope of work, the Client client should be notified in
writing that extra services are required to complete the task, and
that additional fees will apply. The consultant should prepare a
firm quotation for the extra service and receive written
authorization to proceed from the Client client to proceed before
the work is initiated.
In the event that a financial dispute remains unresolved, an
arbitrator acceptable to both parties should be retained appointed
to assist in resolving the dispute quickly and fairly. [SHOULD WE
REALLY BE RECOMMENDING THIS? AND WOULD WE NOT SUGGEST STARTING WITH
MEDIATION RATHER THAN ARBITRATION – THE LATTER BEING MORE
ADVERSORIAL?]Legal action to resolve a dispute should be viewed as
a last resort given the high cost of litigation. However, in
circumstances where there is no opportunity to resolve a dispute
fairly [AMICABLY?], a Small Claims Court action may be considered
for claims of up to C$15,000. [MANITOBA MAXIMUM].
SECTION 4 - LANDSCAPE ARCHITECTURAL SERVICES
For the purpose of determining an appropriate fee basis, consulting
services for general Landscape landscape Architectural
architectural projects are divided into the following five
categoriesstages:
1. Advisory and Consulting Services
2. Pre-design Services
3. Design Services
5. Post Construction Services
4.1 Category Stage 1 –: Advisory and Consulting Services
Services within this category would generally involve background
research and/or preparation of recommendations in a report format
to the client. These advisory and consulting services may
include:
· General general consulting and advice
· Project project management
· Administrative administrative services
· Consultant consultant co-ordination
· Gatheringgathering, analysis, evaluation and interpretation of
data or site specific information leading to specialized
conclusions and/or selection / assessment recommendations related
to site planning and design
· Expert expert testimony
The Landscape landscape Architect architect may provide planning
services to determine development strategies, policies, programs
and budgets and/or physical planning services to determine
arrangements and relationships of land uses and/or facilities.
These pre-design services may involve:
· Site site inventory
· Analysis analysis and assessment of planning, economic and
environmental data
· Feasibility feasibility studies
· Research research studies
· Planning planning services for long-range development;
comprehensive plans, development phasing; and preliminary cost
estimating
· Conceptual conceptual site planning and visualization
· Evaluation evaluation of concepts
· Coco-ordination of other consultants and sub-consultants.
· Public public consultation programs.
4.4
These services follow the establishment of project requirements
described in Category 2, and the identification of a known
development program for the specific site. Design services
generally consist of the following stages:
4.Stage 3.1: .1 Conceptual Design Stage
The Landscape landscape Architect architect may undertake the
following tasks to obtain develop appropriate solutions to
site-specific issues:
· rResearch
4. Stage 3.2: Design Development Stage
Upon Following client approval of the conceptual design stage, the
Landscape landscape Architect architect may undertake a more
detailed level of design development. This may
involveinvolving:
· Preparation preparation of design documents which may include
overall plans, perspectives, detailed designs, preliminary
specifications and cost estimates.
· Presentation presentation of design documents
· Recommendations recommendations on tender strategy, including
phasing, packaging and scheduling.
SOME DODGY LITTLE OFF-CUTS IN R.H. IMAGE!]
4.Stage 3.3 Detailed Design, Technical Specifications and Tender
Documents Stage
Upon Following client approval of the design development stage, the
Landscape landscape Architect architect may proceed with the
preparation of the construction documents for any or all phases of
the proposed development.
These services consist of the preparation of detailed designs,
specifications and contract documents. They may specifically
include:
· rRemovals and demolition, site preparation, site layout, site
grading or drainage, planting plans and species listsplant
schedules.
· Construction construction details of landscape architectural
components and facilities including, plans, sections, elevations,
and details illustrating materials and method of assembly.
· lLighting and/or irrigation plans or other utility plans (which
may include sub-consultant input depending upon agreed scope of
work).
· The ppreparation of technical specifications.
· preparation of Tender tender document preparation,s, reviews and
pre-tender reports.
· Tender provision of services including: answering bidders’
questions, issuing addenda, preparing tender report and
recommending award of contract.
4.5 Category Stage 4: - Contract Administration & and
Monitoring Services
Varying degrees of construction administration can be undertaken by
the Landscape landscape Architectarchitect, depending on the
project size and complexity, the length of the construction period,
and the amount of assurance of quality workmanship the client
requires. “Periodic Monitoring” is considered by the profession to
be the minimum acceptable level of construction administration,
providing adequate opportunities to protect the clients and/or
consultants’ interests.
4.Stage 4.1: Contract Administration
Provide administrative services on behalf of the Client client
related to the conduct implementation of the construction contract
works, including:
· pPreparation of contracts for execution.
· Preparation preparation of documentation related to site
instructions, proposed changes and change orders, including
assessment and review of change order values.
· Management management and communication with client of with
respect to overall project budget including tracking of progress
claims, change orders, deficiency and Builder’s Lien holdbacks and
releases.s
· Management management of quality control program including the
review of shop drawings and submittals, the procurement of
laboratory and field tests and ensuring their review by the
appropriately qualified members of the consultant team.
IIn complex multi-trade, and/or multi-disciplinary projects,
contract administration would include convening and documenting of
construction progress meetings and attending works meetings on a
regular recurring basis.
4.4Stage 4.2: .1 Periodic Periodic Monitoring Services
The Landscape landscape Architect architect may make routine
periodic (e.g., bi-weekly) site visits and/or at critical points
during the course of the construction, particularly at any critical
points. Responsibilities Monitoring services would normally
include:
· Visual visual monitoring of the project’s progress and
workmanship to ensure that the contract requirements are being
followed.
· Providing providing advice to the Client client on proposed
changes to the contract with respect to their merit, the fairness
of price proposals, and possible alternative proposals.
· Advising advising the Client client on the value of work
completed for interim progress claimspayments – based on visual
monitoring of the work.
· Advising advising the Client client on the completeness and
adequacy of the work when the Contractor contractor issues a claim
of for certification of Substantial Performance and Total
Performance. The consultant will review such claims for
completeness, list deficiencies and may advise the client on
qualification for Substantial Performance based on contract
requirements and prevailing legislation, but limited byconsistent
with the extent of the agreed monitoring program.
· Provide providing one review of deficiencies of the contract.
Subsequent reviews of deficiencies are not included in periodic
monitoring services.
Stage 4.2: 4.4.3. Resident Monitoring Services
Resident monitoring services provide on-site attendance by an
employee or sub-consultant of the Landscape landscape Architect
architect and in addition to periodic monitoring by the Landscape
landscape Architect architect during the entire construction
period. Resident Supervision monitoring services is are generally
recommended when complete control of all aspects of the
construction is merited by the nature of the works and/or desired
by the client
4.6 Category Stage 5: - Post Construction Services
Post-construction services and responsibilities may include:
· Inspection inspection of the site for Final Acceptance,
· pPreparation of ‘as-built’ record drawings,
· rReview of operational manuals,
· pPeriodic monitoring to assess quality and adequacy of
maintenance or work during guarantee or maintenance periods,
· Attending attending the warranty close- out meeting.
SECTION 5 – DETERMINING CONSULTING FEES
The following guide is offered to assist potential clients and both
Landscape landscape Architects architects and potential clients in
determining agreeing fees. For any specific project, the approach
is dictated by the its project scope, size and complexity, as well
as factors that should include, but are not necessarily limited
to:
· tType and scale of project
· tTime and effort required
· The number of submissions required
· rRequirements and expectations of the client / client group
· Unique unique and/or specialized skills required.
The overall project budget (– and the portions available
forrelating to Landscape landscape Architecture architecture and
construction works respectively) – will have a direct bearing on
the design fees. When determining fees based on a construction
budget, the Landscape landscape Architect architect should confirm
whether his or hertheir scope of work is included in the portion
associated with the other consultants. Both client and consultants
must have a solid clear understanding of the project scope, size
and construction budget in order to define clearly fully the extent
of the work, the complexity, and the level of skill required (see
Section 2 – above).
Within this contextNevertheless, fees are ultimately a matter of
negotiation between the client and the Landscape landscape
Architectarchitect.
5.1 Fee Basis Methods
Landscape Architectural architects’ fees may be based charged on
one or a hybrid of the following three methods:
1. Time Basis
2. Fixed Fee Basis
3. Percentage Fee Basis
The selection of the fee basischarging method should be in
accordance with the type of work to be undertaken by Landscape, as
summarized in the chart below, at the discretion of and subject
agreement with the client.
Service
5.2 Time Basis
This fee basis is particularly applicable in circumstances when the
scope of work is not well defined or where the Consultant
consultant does not have control over person-hours and
disbursements required on specific stages of a project.
A Time Basis is recommended for the following services:
· Stage 1: Advisory and Consulting Services
· Stage 2: Pre-design Services (Prepre-Concept concept Design
design to determine establish scope and/or budget)
· Stage 4.2: Resident Inspection Monitoring during Construction
construction
· Re-design arising from circumstances beyond Client client /and/or
Consultant consultant control
· Stage 5: Post Construction Services
· Project Management Services
Detailed Designed and Contract Administration Services may also be
appropriately charged on a Time Basis and can be supplemented with
a target or upset fee in circumstances where the scope of work is
known.
Fees on a Time Basis are determined by multiplying the number of
hours each member of the consultants’ staff expends on the project
by their respective hourly billing rates and adding the
disbursements listed in Section 6 (below).
Hourly billing rates are derived from the individual’s
qualifications and level of experience. A payroll cost factor is
used by the Consultant to determine hourly billing rates for a
project. A payroll factor typically ranges from 2.5 to 3.5 times
the payroll cost, depending on the number of person hours and the
continuity of the person hour commitment to the project.
The following is a sampling sample of the current minimum ranges of
hourly rates for Landscape landscape Architectural architectural
services in Manitoba. The range reflects differences in skill and
complexity of the services rendered, the individual’s role on a
project, and their level and years of experience. Any calculation
of compensation based on hourly rates should reference these
minimum ranges.
DescriptionRole
$60 - $90 per hour
$40- – $75 per hour
Note: an An individual’s time may be legitimately charged for their
time at a rate above those the rates shown here, provided providing
they their value to the project have has been demonstrated the
value, and the client has agreed to the terms.
5.3 Fixed Fee Basis
The Fixed Fee Basis is applicable only to projects or components of
projects where the scope of work is clearly defined and where
construction, if applicable, will be completed over a known
schedule. The Fixed Fee for such assignments should be negotiated
following preparation of a comprehensive estimate of the consulting
personnel-hours and overhead costs.
It is essential to establish an agreement defining the services to
be provided in detail and for all categories of cost to be
included. The agreement should cover work schedule, time limits,
inflation and other identifiable items that may influence the
consultant’s costs. Changes in the scope of work after the a Fixed
Fee has been established agreed should be compensated for on a Time
Basis or by a negotiated adjustment to the Fixed Fee. adjustment
for each change.
5.4 Percentage Fee Basis
The percentage Percentage Fee Basis compensates the landscape
architect of according to the final construction costs cost of a
project. It is may be an appropriatea suitable fee basis for
specific design servicesservices on Stages 3 and 4 of a project
(excepting Resident Monitoring).
The guidelines for percentage rates below are intended as a guide,
based on the typical range of project complexity described for each
project group. This percentage fee guide should be seen as
complement to - – and not a substitute for - – a detailed services
proposal, especially in for large multi-disciplinary projects.
During rapidly- changing market conditions, or where the risk of
extended project delays is high, another fee basis may be
appropriate.
5.4.1 Calculating Cost of Work
For calculating a percentage fee, the ‘Cost cost of Work’ work’
means the total cost to the client for the project, including all
materials, equipment, labour, bonding, insurance, overhead, duties
and sales tax necessary to complete the work indicated in the
contract documents but not professional fees and expenses. Where
the client furnishes labour or used material, the fair market value
of that labour or material will be used to determine the Cost of
Work.
In some cases, the Cost cost of Work work cannot be accurately
estimated when at the time the Landscape landscape Architect
architect is selectedappointed, and therefore the fee should be
expected to vary and to be negotiated amended following tender and
award of the construction contract. The client should be aware of
this possibility when finalizing an agreement on the percentage fee
basis agreement.
5.4.2 Services
Services provided as a percentage fee basis would normally include
:
· Conceptual design
· Design development
· Detailed design – preparation of construction drawings,
specifications, and tender documents
Periodic site monitoring services the services listed under Stages
3 and 4 of a project (excepting Resident Monitoring).
Percentage fees do not include specialized services. Fees for these
services should be negotiated separately, preferably at hourly
rates. Examples include::
· Project project scoping
· Postpost-construction services
5.4.3 Sub-consultants
Percentage fees would normally include the cost of services
provided by the Landscape landscape Architect architect and their
staff and the services of normally anticipated sub-consultants
including:
· Mechanical mechanical Engineeringengineering
· Structural structural Engineeringengineering
· Architectsarchitecture
Percentage fees would not normally include the cost of specialized
consultants such as:
· Hydrologistshydrologists
· Exhibit exhibit Designersdesigners
· Lighting lighting Designersdesigners
Determining percentage based fees from landscape construction
budgets can be determined by:
a) assessing the project type (Type 1 –: Rural / Industrial
Landscape; , Type 2 - Civic2: Civic Landscapes and Type 3 -:
Specialized Landscapes) – as set out in 2.1 (above)
b) and itsthe level of complexity (Standard, Advanced and or
Exceptional) – as set out in 2.2 (above). The following table
provides guidance on the percentages that should be applied based
on this assessmentbasis:
c)
6%
7%
8%
7%
8%
9%
8%
9%
10%
NOTE: A By way of explanation, a smaller construction budget exe.g.
$100,000 will demand merits a higher percentage fee than a project
with a budget of $1,000,000. This is because the effort resources
needed to design, administer and manage a project is are not always
proportionate to the construction budget or to a the project’s
complexity.
SECTION 6 – SPECIAL SERVICES AND CONDITIONS
For all services and conditions, the cConsultant and Client client
should mutually determine mutually the appropriate fee basis to be
used. The following special services and conditions reflect the
principle described in Section 5 that the Time Basis should be used
in circumstances where the scope of the assignment is not well
defined. In circumstances where the amount of work involved in the
special service can be accurately predicted, the Fixed Fee Basis is
also appropriate.
6.1 Alternative Design
Landscape Architectural architectural fees generally include minor
allowances to complete normally anticipated revisions to designs
during the course of a project. Where revisions requested by the
client are significant, and beyond the control of the Landscape
landscape Architectarchitect, the client shall will be expected to
compensate the Landscape landscape Architect architect for
completing such revisions on a Time Basis, supplementary to the
originalas an additional charge. consulting agreement.
6.2 Reimbursable Expenses (Disbursements)
Unless otherwise agreed between the Consultant consultant and the
Clientclient, disbursements incurred by the Consultant consultant
in completing the course of an assignmentthe project are chargeable
to the Clientclient. Eligible categories of expenses in under all
Fee- Basis optionsmethods, charged at cost multiplied by an agreed
disbursement factor, are as follows:
· Reproduction reproduction of drawings and documents beyond those
specified in the Agreement agreement to beas being included within
a Fixed Fee (cost, plus 10% disbursement factor or as otherwise
agreed).
· Travel travel expenses (at agreed standardized rate [– e.g.
Province of Manitoba] rates – plus 10%) or as agreed).
· Other other transportation, lodging, meals and miscellaneous out
of pocket expenses (cost, plus 10% or as otherwise agreed).
· Telecommunications extraordinary telecommunications expenses (at
cost, plus 10% or as otherwise agreed).
· Advertising advertising for tenders on the Client’s client’s
behalf (at cost, plus 10% or as otherwise agreed).
· Courier courier Services services (at cost, plus 10% or as
otherwise agreed).
· Specialized specialized computer equipment and computer services,
including provision of digital files (at cost, plus 10% or as
otherwise agreed).
· Any any other proper necessary expenses paid outincurred by the
Consultant consultant on the Client’s client’s behalf to meet the
requirements for the project, and not covered by the agreed fee
(e.g. permit fees, monitoring and testing fees, topographic or
legal surveys and other items of documented base information) (at
cost, plus 10% or as otherwise agreed).
6.3 Travel Time
Payment for Travel travel tTime (separate from Travel Expenses such
as gas, mileage, accommodations, and meals) should be negotiated
and based on the following guidelines:
1a). Payment payment for Travel travel tTime should be covered in
the agreement.
2b). tThe agreement of details with respect to Travel travel Time
time should take into account individual project circumstances and
include economics, convenience and any other special
considerations.
6.4 Taxes
Fees and disbursements may be subject to applicable taxes, which
should be estimated separately, and in addition to, fees and
disbursements. Consultants should be clear on which fees are
subject to taxes, the amount of the tax, and should ensure the tax
value isrates are included in the total fee estimate to avoid any
discrepancies.
6.5 Extra Work
Typically, allAll methods for determining fees may require
confirmation and agreement of an “upset” fee amount confirmed with
the client in advance, which confirms sets out the maximum amount
of fee that can be billed for any given project. Only services
clearly defined as being outside of the scope of work noted in the
contract consultancy agreement can be billed charged as additional
services before the work is initiated, and after the Landscape
landscape Architect architect and the Client client have agreed. [I
FIND THAT PARAGRAPH VERY CONFUSING AND, FRANKLY, UNNECESSARY IF WE
KEEP THE ONE BELOW]
Services required beyond the agreed scope of assignment, regardless
of the original fee basis of fee, should be negotiated on a Time
Basis as described in Section 5. In circumstances where the amount
of extra work involved in the extra work can be accurately
predicted, the Fixed Fee basis is also appropriate.
6.6 Payment
The recommended method of payment for a percentage basis fee
project is based on the following:
Phase of Work
On completion of Conceptual Design: Stage 3.1
15%
25%
40%
20%
TotalTOTAL
100%
All invoicing is to be based upon a pre-determined, estimated cost
of construction until the exact costs are known after acceptance
contract of ‘Substantial Performance’ acceptanceof contract.
The recommended method of payment for all fees is by monthly
invoicing by the Landscape landscape Architect architect or as
services are completed, for payment within 30 days of the billing
date, or as agreed inper the agreement for consulting services.
Late payments may be subject to interest charges at the prevailing
rates.a penalty as set out in the agreement for services.
6.7 Retainer
A retainer fee is an advance payment made by a client to secure the
services of a consultant. Retainer fees are normally held until
completion of the project and are credited in the final invoice for
service. Retainers are most often required for new clients where
there is no payment history or established business relationship,
or for existing clients where project start-up costs will be
covered in advance.
6.8 Pro Bono Services
A professional isMembers of the MALA are expected from time to time
to volunteer his or hertheir time and expertise for the public
good. This is typically done to help those who cannot pay, or for a
not-for- profit organization. Depending on the organization`s
ability to pay and established practices with other consultants,
variations may include honoraria payments or payments for
disbursements only.
6.9 Contract Administration by a 3rd Party
Under normal conditionscircumstances, the a Consultant consultant
responsible for the design stages of a project should be retained
to provide Contract contract Administration administration and
Monitoring monitoring Services services during construction. In
circumstances where a Consultant consultant is retained to perform
these services as a 3rd third Party on a project for which the
drawings and specifications were prepared by others, it is
recommended the that fee be are charged on a Time Basis.
6.10 Re-use of Drawings & and Specifications
The design represented by drawings and specifications prepared
under the supervision and control of a Landscape landscape
Architect architect and stamped by that person is their
responsibility, indefinitely [I WOULD SEEK LEGAL ADVICE ON THIS …
IS THERE NO STATUTE OF LIMITATIONS ON DRAWINGS?]. Fees for the use
of the design by the original client are intended to cover one
project only. Use of the design on subsequent projects by the same
or another Client client requires written permission from the
Landscape landscape Architect architect who stamped the
drawings.
Payment for modifications to a re-usable design to accommodate
different conditions encountered on subsequent projects should be
made charged on a Time Basis. Fees to cover professional
responsibility resulting from subsequent use of the design should
be the subject of to negotiation for each use. The Any negotiated
Fixed Fee should reflect the complexity of the design and the
exposure to risk that arises from the its subsequent use.
6.11 Completion Date and Delays
Whenever possible, agreements between clients and consultants
should have a mutually determined beginning and an end dates in
order to define clearly the duration of the project and so that it
is clear if whether a project is behind schedule and additional
time is required to complete the work.
Delays beyond the cConsultant’s control that cause an increase in
required services provided by the Consultant, including
demobilization and remobilization, should be compensated for on a
Time Basis.
6.12 Abandonment of Project
If a project is abandoned or suspended, through no fault of the
Consultantconsultant, the services provided by the Consultantto
that date should be determined charged on a Time Basis. to reflect
an appropriate allowance for costs resulting from the
suspension.
6.13 Limitation of Liability
It is recommended that the Agreement agreement for services also
includes a mutually agreed upon Limitation of Liability clause that
defines an equitable allocation of risk in accordance with current
industry standards. [AGAIN, ONE FOR THE LAWYERS]
6.14 Termination of Contract
The Client client may choose to terminate the consulting
consultancy agreement. Upon termination, the client shall reimburse
the Landscape landscape Architect architect for all services and
expenses completed up to the date of termination. If the consulting
agreement uses a the percentage Percentage fee Fee structurebasis,
compensation shall be based upon on a mutually agreed upon
percentageportion of completion.
6.15 Ownership of Proposal
The ownership of all unused or unsuccessful proposals for services
and/or fees shall remain the property of the Landscape landscape
Architect architect [ITHINK WE HAVE TO OMIT THE NEX BIT … IT SEEMS
TO REFER TO HARD COPIES ONLY]
and must be available upon request after 30 days from the date of
submission.
SECTION 7 – REFERENCES
This document makes use of information and text contained in the
following referencessources:
1. The APALA Consultant Fee Schedule (2017)