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)