OALA Fee Guide for Landscape Architectural Services

Engaging a
Landscape Architect
Part Two:
OALA
Fee Guide for
Landscape
Architectural
Services
1
2
The OALA is a component organization of the Canadian Society of Landscape Architects
Engaging a Landscape Architect
Part Two:
OALA Fee Guide for
Landscape
Architectural Services
Published by the
ONTARIO ASSOCIATION OF LANDSCAPE ARCHITECTS
3 Church Street, Suite 506, Toronto, Ontario M5E 1M2
Phone: 416-231-4181 | www.oala.ca | email: [email protected]
Copyright © 2016 OALA
All rights reserved
March 27, 2016
Task Force Members:
Lawrence Stasiuk
Arnis Budrevics
Jim Melvin
Don Naylor
Glenn A. O’Connor
Tom Ridout
Jim Vafiades
OALA, CSLA, Chair
OALA, FCSLA
OALA, FCSLA
OALA, FCSLA
OALA, FCSLA
OALA, CSLA
OALA, FCSLA
Part Two: OALA Fee Guide For Landscape Architectural Services
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Table of Contents
Section
Page
1.0
2.0
3.0
4.0
Introduction .......................................................................................................................... 4
Ontario Association of Landscape Architects (OALA) ..................................................... 4
General Areas of Practice .................................................................................................... 5
Consultant Selection ............................................................................................................ 5
4.1
Selecting the Consultant ............................................................................................. 5
4.2
Options for Engagement ............................................................................................. 6
4.3
Proposal Terms of Reference ..................................................................................... 6
4.4
Proposal Assumptions ................................................................................................ 6
4.5
Contracts ..................................................................................................................... 7
4.6
Notification .................................................................................................................. 7
5.0
Consultant Fees ................................................................................................................... 7
5.1
Retainer ...................................................................................................................... 8
5.2
Mobilization Fee ......................................................................................................... 8
6.0
Fiscal Responsibilities of the Landscape Architect and Client ....................................... 8
6.1
Landscape Architect ................................................................................................... 8
6.2
Client .......................................................................................................................... 9
6.3
Disputes ...................................................................................................................... 9
6.4
Termination of Contract .............................................................................................. 9
6.5
Copyright and Ownership of Drawings ..................................................................... 10
7.0
Guidelines for Estimating Consultant Fees ..................................................................... 11
7.1
Overview ................................................................................................................... 11
7.2
Fair and Reasonable Fees ....................................................................................... 12
7.3
Relationship Between Budget and Fees .................................................................. 12
7.4
Fees, Tasks and Complexity .................................................................................... 12
7.5
Levels of Complexity ................................................................................................ 12
7.6
Project Types By Category ....................................................................................... 13
7.7
Methods of Remuneration ........................................................................................ 15
Table 1: Services / Fee Options ............................................................................... 17
7.8
Hourly Rate Guide .................................................................................................... 17
Table 2: Range of Typical Hourly Rates ................................................................... 17
7.9
Percentage - Fee Estimate Charts ............................................................................ 18
7.10 Service Delivery Weighting: Table 3 ........................................................................ 18
Table 3: Service Delivery Weighting Guide .............................................................. 19
7.11 Fee Payment ............................................................................................................ 20
7.12 Task / Scope of Work Evaluation Chart ..................................................................... 20
8.0
Appendices ........................................................................................................................ 20
8.1
Table 4 - Percentage Method Fee Calculation Chart (Landscape Architecture) ....... 21
8.2
Table 5 - Percentage Method Fee Calculation Chart (LA & Engineering) ................. 22
8.3
Task / Scope of Work Evaluation Chart .................................................................... 23
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1.0 Introduction
The OALA has published a series of documents to help clients better understand the processes
for engaging a landscape architect by presenting the range of services provided by landscape
architects, outlining the various procurement options, and how to determine reasonable budgets
and fees.
The Engaging a Landscape Architect series has been prepared in four (4) separate parts as
guide publications, under the following titles:
Part One:
Part Two:
Part Three:
Part Four:
OALA Guide to Landscape Architectural Services
OALA Fee Guide for Landscape Architectural Services (this volume)
OALA Guide to Standard Written Agreements
OALA Guide to Design Competitions
This Part Two guide provides assistance in determining reasonable budgets and fee
compensation when engaging consulting services of a landscape architect. This is intended to
provide landscape architects, the public and clients with a comprehensive set of guidelines related
to landscape architectural fees.
2.0 Ontario Association of Landscape Architects (OALA)
The Ontario Association of Landscape Architects (OALA) is a self-regulating professional
association. The OALA undertakes activities including setting standards for licensure, active
promotion to governments, professionals, the public, develops and promotes the standards and
benefits of landscape architecture. The OALA was formed in 1968. For more information on the
OALA see www.oala.ca.
The OALA is a component organization of the Canadian Society of Landscape Architects (CSLA).
The CSLA is the National body that is comprised of all Provincial and Territorial Landscape
Architecture component organizations. For more information see www.csla.ca
The OALA, with headquarters in Toronto, administers the Ontario Association of Landscape
Architects Act 1984. The act states that an individual must be a Full Member of the Association
before they can be granted the exclusive use of the title of Landscape Architect. Candidates
seeking admission into the organization are required to have specific minimum educational
requirements and complete a Professional Development Program (PDP) for a period of time
specified by the association, and successfully pass the prescribed examinations – The LARE.
The Landscape Architecture Registration Exams (LARE) are administered by an independent
body called the Council of Landscape Architecture Registration Boards (CLARB) that regulates
licensure in the United States and several Canadian provinces. The OALA maintains high
standards of professional practice including a mandatory continuing education program (MCEP)
to ensure its members serve and protect the public interest.
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3.0 General Areas of Practice
Landscape architecture is a broad design profession practiced in both the public and private
sectors. Private sector Landscape Architects provide professional advice and services on a fee
for service basis. The scope of work is subject to agreement between client and consultant.
Members are encouraged to practice within their range of skills, expertise and competency, while
conducting themselves in accordance with good professional and best practices. Landscape
Architects offer creative advice, creative design solutions and various products in the form of
deliverables.
Landscape Architects may provide services in those areas of practice in which they possess
competence. These services include but are not limited to:
•
•
•
•
•
•
•
Landscape Design
Land Development Planning
Landscape Master Planning
Park and Recreation Planning
Site Planning
Urban Design
Specialty Areas of Practice
Detailed descriptions are provided in Part One: OALA Guide to Landscape Architectural Services.
4.0 Consultant Selection
Refer to Part One: OALA Guide to Landscape Architectural Services, Section 7.0 Retaining a
Landscape Architect and Options for Engagement. Part One provides guidelines on preparing
terms of reference, establishing proposal evaluation criteria and describes several proposal
evaluation methodologies. A summary is provided below.
4.1
Selecting the Consultant
The first step in the process is for a client to prepare a detailed Terms of Reference (ToR)
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 of Reference. A call for proposals is not a tender. Therefore, the lowest cost is not
the primary criteria for selection of a consultant. Price is only one of the criteria in the
evaluation process to determine an award.
Clients should advise the proponents of the evaluation criteria and the scoring 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 team
members and the firms; and proposed fees.
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4.2
Options for Engagement
Landscape Architects may be retained through one of several procedures.
•
•
•
•
•
•
•
•
•
•
4.3
Direct appointment or sole-source procurement
Limited source procurement
Expression of Interest (EOI), followed by short list and full written proposals
Prequalifying a short list of consultants
Request for Quotation (RFQ)
Request for Proposal (RFP) - two stage or fixed fee
Municipal or agency consultant roster
Alternative Financing and Procurement (AFP)
Design competitions
Competitor Bid Team (DB, DBF, DBFM)
(DB = Design Build; DBF = Design Build Finance; DBFM = Design Build Finance Maintain)
Proposal Terms of Reference
When a consultant responds to a proposal they should expect a complete and well
prepared Terms of Reference that includes the following:
• Context and background
• Base information and available reports /studies
(Base information to be made available to the consultant upon award)
• Project objectives and scope of work
• Approach and methodology
• Design services required and project deliverables
• Team members experience and qualifications
• Firm experience and qualifications
• Schedule, budget, submission date and other requirements
• Meetings
• Sample Client / consultant agreement
• Proposal evaluation criteria
• Proposal evaluation process and selection timing
The size and scope of a project may simplify the amount of information needed in the
terms of reference, however, if any of the above bullets are not included, the consultant
should ask for clarification and receive responses. Typically questions and answers are
recorded and made available to all participants.
4.4
Proposal Assumptions
If the terms of reference fails to clearly describe the scope of work, the expectations of
deliverables, meetings, subconsultants or all other issues that impact the consultants
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 examples of assumptions that are commonly used in the
current market place.
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• Base 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 at no cost to the Landscape Architect.
• Specify the number of meetings included in the fee and state that more meetings are
in addition to the stated fee at the hourly rate of the team member attending.
• Specify the maximum number of submissions in the fee including the final
submission. Additional submissions require an extra service.
• Subconsultants, e.g. structural, electrical, civil and geotechnical engineering fees are
not included unless specifically accounted for in the proposal.
• The cost of all permits is the responsibility of the Client unless stated otherwise.
• Changes to base data, by others, that require revisions to approved work shall be
identified and a request for extra service will be issued to the Client in writing for
consideration prior to making the revisions.
• State the terms of payment and penalty applied to late payments.
• State the terms of termination. (see Section 6.4 for more information).
4.5
Contracts
Once a client and consultant have reached a consensus on the services to be provided,
an agreement is signed to create a binding contract. The contract should include the terms
of reference and the proposal. The contract must match negotiated terms between the
client and the consultant. See Part Three: OALA Guide to Standard Written Agreements
for more information.
4.6
Notification
The client should notify all participants in writing in a timely manner of their choice of the
award.
5.0 Consultant Fees
Professional consultant fees and expenses are the result of the level of services provided. The
following provides an outline of the types of services that are commonly required in a traditional
landscape architecture assignment as per Section 8.0 in Part One: OALA Guide to Landscape
Architectural Services.
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•
•
•
•
•
•
•
•
•
Consulting and advisory services
Conceptual design
Master planning
Schematic design
Design development
Cost estimating
Construction drawings
Contract documents
Contract administration
Post construction administration
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The effort and time assigned to providing these services takes into consideration the cost of
running the business including;
• production costs associated with creating deliverables
• comprehensive business expenses including: rent, staff medical benefits, pension
plans, paid vacation time.
• Insurance including; professional liability, errors and omissions, office comprehensive,
WSIB and software licenses.
• a reasonable expectation of profit
• applicable taxes: Harmonized Sales Tax (HST) is not included in the base fee, but
must be included in the project total in accordance with Federal and Provincial laws.
• reimbursable expenses (disbursements) are out-of-pocket expenses incurred by the
consultant in the delivery of the project. Expenses may be charged in two ways:
1. charges in addition to fees at cost plus 10 percent administration fee.
2. charges as a fixed percentage of the base consultant fee at a rate between 5.0 and
6.5 percent.
3. 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.
5.1
Retainer
The Landscape Architect may ask for a retainer at the time of entering into an agreement
with the Client for professional services. Typically retainers are used for:
• New Clients where there is no payment history or established business relationship.
• Existing Clients where project start-up costs need to be covered in advance
Retainers are normally held to the end of the project and are credited in the final invoice
for service.
5.2
Mobilization Fee
Landscape Architects may ask for a mobilization fee that is invoiced at the time of entering
into an agreement for professional services. The fee is used as an advance for pending
services to be initiated immediately. The fees are accounted for on the following invoice.
6.0 Fiscal Responsibilities of the Landscape Architect and Client
These guidelines are opinions of the OALA and do not necessarily represent specific contractual
obligations. The OALA recommends 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. See also Part Three: OALA
Guide to Standard Written Agreements for additional guidelines and recommendations.
6.1
Landscape Architect
The responsibility of the Landscape Architect is to properly account for their time and
prepare an orderly invoice for remittance. Invoices for work are normally issued on a
monthly basis or at key pre-agreed milestones and represent the value of work completed
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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 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 and consultant to track the payment history and frequency. Terms of payment,
recommended at 30 days, to no longer than 45 days, should be stated on all invoices.
Carrying charges for late payment may be applied as a contract condition e.g. 1% per
month for payments received later than agreed to in the contract.
6.2
Client
The responsibility of the Client is to agree and approve the value of the invoice relative to
the work performed and pay the invoice 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.
6.3
Disputes
The cause of disputes between Clients and Landscape 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 the specified scope of work. When consultants identify a service request that is not
included in the specified scope of work, the Client should be notified in writing that extra
services will apply. The consultant should prepare a firm quotation for the extra service
and receive written authorization from the 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 to assist in resolving the dispute quickly and fairly. 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, a
Small Claims Court action may be considered. In Ontario, this Court allows for claims up
to a maximum of $25,000 (2016) not including interest and costs. The claim must fall into
one of two categories:
1. Claims for money owed under an agreement
2. Claims for damages such as breach of contract
A Small Claims Court filing can be done on line.
For more information search: Ont. Ministry of the Attorney General - Small Claims Court.
Lawsuits for more than $25,000 need to be heard by the Ontario Superior Court of Justice
(‘civil court”). Legal representation in Civil Court is required. Obtaining a legal opinion is
always recommended when legal action is being considered.
6.4
Termination of Contract
Both the Client and the consultant are obligated to conform to the terms of the signed
agreement. If either party chooses to terminate a contract at any stage of its execution,
wording in the agreement needs to speak to the terms of dissolution of the agreement.
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The following wording example can be included in the agreement to establish a clear
resolution of payment obligations if a binding agreement is terminated:
“The Landscape Architect shall be entitled to full compensation for all services
performed on the Client's behalf at the approved hourly rates, or approved percentage
of completion, up to the time of notification in writing to discontinue services.”
Under these circumstances a Client will need to retain the services of another Landscape
Architect to complete and certify the work. In order to satisfy themselves that proper legal
closure of the original agreement has been completed, the new Landscape Architect
should request a copy of a signed written release from the dismissed Landscape Architect
that acknowledges:
• Full payment has been received
• That all original drawings and all other data as instruments of service completed to
date by the dismissed Landscape Architect, are now the legal property of the Client.
• That the Client has unrestricted use of these instruments and does not need
permission from the dismissed Landscape Architect to copy, modify or use them in
any way to complete the project.
• That both the Client and dismissed consultant have no further claim whatsoever
against the other with respect to the project or site.
Any formal release of this nature should be prepared by a lawyer and executed with legal
representation by both parties.
Either party may terminate the agreement with 14 days' written notice to the other if:
a) modifications are proposed and the parties cannot agree on revised fees and delivery
dates;
b) either party is bankrupt, insolvent, seeks creditor protection or abandons the project;
or
c) an event of force majeure prevents timely completion of the services.
Either party may terminate the agreement with 10 days' written notice to the other if the
other party is in breach of its obligations and, if such breach can be remedied, fails to take
action to remedy same within 10 days. The consultant shall be paid in full for services
rendered up to the termination date.
6.5
Copyright and Ownership of Documents
The Copyright Act protects authors, of whom a Landscape Architect is one, whose
expression of original work is made manifest in permanent form. The Act gives the original
author the exclusive right to make copies of such work. The Act also gives the original author
moral rights in the work, that is the protection of the integrity of the work and, as well as, the
right to be reasonably associated with the work, i.e. get credit.
Where the work is prepared by an employee or under a contract of service, e.g. as agent of
the Landscape Architect, then the employer or principal of the landscape architectural firm is
deemed to be the original owner and author of the work. The owner of copyright may assign
the right or license it to others if there is a specific written document to such effect. The
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owner may also waive, but not assign moral rights, if there is a specific written document to
such effect.
Ownership of original drawings, specifications and other data as instruments of service,
whether or not the work for which they were made has been executed, remain the property
of the Landscape Architect. The drawings, after payment, become instruments of service
in connection with the completion of the project designed. Implied is the right to make
copies for such purpose only, but not for use on other projects.
Reproducible copies of final ‘As Constructed’ plans, or the original contract drawings
should not be issued in any form until the client has paid all outstanding fees in full. A
PDF (Portable Document Format) copy (or equal) of a plan or document is a photographic
image of the original. Using PDF as the only means of sharing the final “as-constructed”
digital information with clients is the preferred method as it technically protects the author’s
Rights under the Copyright Act.
The decision of the Landscape Architect to release original digital drawings bearing their
seal (stamp) and signature to the final owner, raises several concerns. Digital changes
can be made and the revised plans can be used without the author’s knowledge. In the
event of a lawsuit, the original author would be forced to defend themselves by producing
the drawings that demonstrate they were not responsible for the alleged claims caused by
the modifications. In addition, design solutions specific to one site could be copied and
applied to another location where the site variables render the solution inappropriate and
potentially dangerous to the public. The reuse of digital information prepared by others is
contradictory to the moral and ethical behavior of OALA Members.
If a Client demands digital plans to be issued upon completion of an assignment, the
author technically loses their rights under the Copyright Act. To avoid the potential
consequences described above, the digital drawings should not be sealed (stamped) or
signed by the Landscape Architect and the corporate identity of the author should be
removed. A PDF copy of the original approved sealed and signed drawings could be
issued along with the generic CAD files so there is a record of both. Any reuse or changes
to the digital files by others would, therefore, fall under the seal and signature of the
consultant and organization using the plans for their own purpose. The new author would
also assume the liability associated with copying or using the information.
7.0 Guidelines for Estimating Consultant Fees
7.1
Overview
This fee guide is provided to assist all who engage landscape architectural consultant
services to determine fair and reasonable professional fees. All projects differ in type, size
and complexity with corresponding payment scales. The consultant must clearly identify
and explain professional services in relation to:
• The knowledge and skills to deliver an appropriate design within an appropriate
budget
• The knowledge and skills to secure approvals and permits from governing agencies in
order to expedite the work
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7.2
Fair and Reasonable Fees
Essential considerations for determining fees include, but are not limited to, the following:
• the time and effort required
• the type and scale of the project
• the uniqueness and complexity of the work
• the special skills that may be required to perform the work
• geographic location of the site or other special site conditions
• historical context
• the specified number of meetings with stakeholders
• the number of submissions to obtain approvals
• familiarity with the agencies that administer the approvals process
• requirement for and frequency of public consultation
• expert testimony
7.3
Relationship Between Budget and Fees
The budget available for the construction of a project will have a direct bearing on the fees
needed to complete the work. Clients and consultants must be aware of the budget in
order to determine the appropriate level of detail required. The relationship between
project area (size) and budget must also be taken into account.
7.4
Fees, Tasks and Complexity
With the fee ranges provided and the levels of complexity described, the last criteria to
consider is the number of services that need to be performed. By selecting the number of
project services and the tasks necessary to complete them, the user can progressively
determine the estimated staff levels and fee range required to complete a project. Project
complexity typically increases with the number of required tasks, as well as, the project
category.
7.5
Levels of Complexity
Clients and consultants need to have a mutual understanding of a project’s design
complexity. The following definitions describe three levels of complexity to assist in
establishing the scope of work and ultimately a reasonable fee for consultant services. In
all levels of complexity, project deliverables are produced in digital format as a standard
requirement. For all projects, the level of service to be provided includes all steps
necessary to obtain approval, produce contract documents and administer construction
contracts through to final acceptance of the built work.
7.5.1
Standard
This level of service typically applies to a single project and Client with a straight
forward approval process and minor municipal and environmental constraints. It
includes a one-step design process with limited underground servicing
infrastructure. This level requires a basic understanding of public health, safety
and welfare and some knowledge of exterior building codes. There is no public
consultation required or consultation would be limited to attendance only.
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7.5.2
Skilled
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. Detail design can require up to
4 submissions including coordination with subconsultants in each round.
Projects typically possess unique site conditions that require a higher degree of
scrutiny and approval by the municipality and other agencies, non-standard design
detailing, and more difficult municipal grading standards. The skilled level normally
involves some specialization, e.g. LEED, arborist or aquatic biologist input, and
public consultation with multimedia presentation responsibilities.
7.5.3
Complex
This level of service applies where there are multiple stakeholders, multiple stages
of approvals, numerous Client, team member and approval agency meetings, utility
coordination, underground infrastructure and management of the consultant team
when acting as prime consultant. Frequent and multi-faceted public consultation
program with the community and multiple stakeholders.
Additional scope 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 with extensive public consultation and facilitation
responsibilities during several stages of the design process. At this level, projects
can span many years of design and phases of development and construction.
7.6
Project Types By Category
Project types have been grouped into 3 categories. Projects in each category have similar
characteristics requiring a range of skills and expertise. However, the complexity of any
project can vary which may reflect on the Category it is listed under. Users are advised
that this is a general guide subject to scale, size and complexity of a project. Discretion
should be used when it is deemed appropriate to move a project type between categories.
The three categories are correlated on the Percentage Method Fee Calculation Charts Tables 4 and 5 in Appendices 8.1 and 8.2.
7.6.1
Category 1
Scope: Primarily soft landscape planning and design projects in a greenfield
context requiring grading, layout, planting, and associated facilities supporting
pedestrian uses with minimal vehicular infrastructure. Projects generally outside of
the urban realm.
1.1
1.2
1.3
1.4
1.5
1.6
1.7
Tree preservation plans
Naturalization including storm water management (SWM) ponds, artificial
wetlands, greenway corridors
Rural multi-use trails
Agricultural estates
Camping sites and tourist facilities
Cemeteries, crematoria and gardens of remembrance
Rural recreational and regional parks
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1.8
1.9
1.10
1.11
1.12
1.13
1.14
1.15
7.6.2
Churches and places of worship
Botanical gardens
Low-rise single family residential
Sales and marketing facilities and model homes
Reclamation and restoration of quarries or derelict land (brownfields)
Landscape planning
Rural secondary school sites
Transportation corridors
Category 2
Scope: Projects more focused within the urban realm and fringe suburban growth
areas requiring a broad range of design with integrated hard and soft landscape
features that can incorporate vehicular infrastructure, active recreation facilities, art
and leisure installations and architectural elements.
2.1
2.2
2.3
2.4
2.5
2.6
2.7
2.8
2.9
2.10
2.11
2.12
2.13
2.14
7.6.3
Vehicular circulation design, roadside facilities and parking lots
Site plans for commercial and industrial developments
Urban office and commercial landscape plans
Urban design and streetscape
Mid-rise and live work subdivision housing
Daycare and elementary school yards
Secondary school grounds and playing fields
Bicycle trails in urban areas
Neighbourhood parks, playgrounds and splash pads
Community and district parks with multi-use sports facilities
Exhibition sites and urban recreation areas
Roof top gardens, green roofs, and green walls
Shoreline protection biodiversity – coastal and inland waters
Sensitive sites – ESA (environmentally significant areas), archaeologically
significant sites, ANSI sites
Category 3
Scope: These are typically larger, more complex projects requiring the highest
level of expertise, technical proficiency and specialization. Work in this category
requires extensive research, coordination, collaboration, and reporting while
working with a multi-disciplinary team of consultants.
3.1
3.2
3.3
3.4
3.5
3.6
3.7
3.8
3.9
3.10
3.11
3.12
Urban public squares
Hospitals and health care facilities
Zoo / safari / wildlife projects
Museums
Urban streetscapes
High-rise residential
College and university campuses
Coastal marinas and water recreation
Inland marinas, river and lakeside developments
Urban environmental improvements
Historic garden design, restoration or conservation planning
Amusement and theme parks / attractions
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3.13 Fountains and water features
3.14 Golf course / resort properties
3.15 Remote and international work
7.6.4
Exclusions to Project Types
The following project types are not directly related to construction values and,
therefore, it is recommended they would be remunerated on an hourly or fixed
price basis.
Construction projects under $50,000
Environmental assessments (EA)
Siting studies and visual assessment
Conservation and other environmental strategy planning studies:
e.g. Environmental impact Statements (E.I.S.)
Urban design guidelines
7.7
Methods of Remuneration
The three most common methods of calculating fees are as follows.
7.7.1
Time Basis: Hourly Method and Per Diem Rate
Hourly rates are commonly used to estimate the cost of consulting services when
the scope of work is clearly defined. Staff time is estimated for the duration of the
project and the total billable hours plus estimated disbursements represents the
total fee. When a client agrees to an hourly rate contract he or she is basing this
decision on trust and respect for the skills and reputation of the consultant. Hourly
rate contracts will typically include an estimated construction value and an
estimated lump sum fee from the consultant based on the hourly rates.
7.7.2
The Fixed Fee or Lump Sum Method
A fixed fee or lump sum agreement commits a consultant to a specific fee for a
specific scope of work. This method can be used for smaller or basic projects
where the scope is clearly and easily defined, the number of submissions is
specified along with a clear description of the deliverables. The consultant
assumes the risk to perform the work within the fixed fee offered. Failure to
account for and describe all possible costs can leave the consultant exposed to
extra costs with no means to collect for it. Typically hourly rates are assigned for
all staff and the accumulated total of estimated hours times the billable rates
represents the total Fixed Fee plus fixed disbursements.
It is recommended that rather than committing to an upset limit which imposes a
fixed return for unknown risks, it is recommended that the consultant monitor the
fees and provide the client with regular status and forecast updates.
Part Two: OALA Fee Guide For Landscape Architectural Services
15
7.7.3
The Percentage Method
With this method, the fee is not based on the number of hours spent on the project.
The percentage method of calculating fees is commonly used when there is a
known construction budget and a well-defined scope of work that has been
established over many similar projects.
There are two types of fees as a percentage of construction cost, based on the
services to be included in the fee;
• Percentage fees for landscape architecture design services only, and
• Percentage fees for landscape architecture design, contract administration, and
project management services.
For the purposes of this Fee Guide the percentage fee proposed in Tables 4 and 5
correspond with a full service scope of work as described by bullet 2 above.
A smaller construction budget e.g. $100,000.00 will demand a higher percentage
fee than a project with a budget of $1,000,000.00. This is because the efforts to
design, administer and manage a project are not proportionate to the construction
budget or a project‘s complexity.
Only one of these methods should be used for a given service within the same
contract. Services may be charged using other methods presented in Table 1.
When calculating fees for the fixed price, lump sum or percentage method, there must
be a clear written understanding of what is included in the contract price and what
portion of the contract price is the responsibility of the Landscape Architect. The
construction cost of the work means the contract price(s) of all elements of the project
designed or specified by the Landscape Architect excluding applicable taxes. In all
cases, Permit Fees should be excluded from the contract value and should be paid
directly by the Client.
Where there is no estimated construction value or budget set for all or part of the
project, the construction cost should be estimated at current market rates as
determined by the Landscape Architect, or by a mutually agreed upon third party such
as a quantity surveyor or cost consultant. The cost of this work is in addition to the
estimated fees and should be paid for directly by the Client. The construction cost
does not include the compensation of the Landscape Architect or the Landscape
Architect's consultants, the cost of land or other any soft costs, which are solely the
responsibility of the Client.
Part Two: OALA Fee Guide For Landscape Architectural Services
16
The types of services offered by Landscape Architects should be in accordance with
the methods presented below when the full service level is to be provided.
Table 1: SERVICES / FEE OPTIONS
Consolidated Service
7.8
Hourly Rate
Fixed Price
Percentage
Consulting and advisory services
ü
ü
Planning and conceptual design
ü
ü
Schematic and design development
ü
ü
Construction drawings
ü
ü
Construction and contract
administration
ü
ü
Post construction services
ü
ü
ü
Hourly Rate Guide
The consulting fees in Table 2 are presented as a typical range of rates currently found
within the profession based on title, expertise, experience, and responsibility. These rates
are exclusive of taxes and expenses.
Table 2: RANGE OF TYPICAL HOURLY RATES (2016 dollars)
Staff Levels
Billable Hourly Rates
Partner / Principal
$ 150 - $ 225
Project Manager
$ 130 - $ 170
Senior Landscape Architect
$ 125 - $ 170
Intermediate Landscape Architect
$ 100 - $ 130
Project Coordinator
$ 80 - $ 110
Junior Landscape Architect (intern)
$ 60 - $ 95
Technical (CADD technicians)
$ 55 - $ 85
Graphic support and administration
$ 45 - $ 60
Part Two: OALA Fee Guide For Landscape Architectural Services
17
7.9
Percentage - Fee Calculation Charts (see Appendices 8.1 and 8.2)
The Percentage Method Fee Calculation Charts on Table 4 and Table 5 use criteria
presented in Section 7 (Level of Complexity, Project Type by Category,) and provide a
guide to determining consultant fees for a variety of projects within a broad range of
construction values.
Table 4 identifies only the landscape architectural fees with no subconsultants. Table 5 is
similar, but includes the cost to pay for basic engineering subconsultant services that a
Landscape Architect may employ to execute the work. These are estimating guides for
basic engineering fees that may include structural, civil, mechanical, and electrical
engineering. The engineering and other subconsultant fees may vary due to the specific
of any project.
7.10
Service Delivery Weighting Guide: Table 3
Table 3 below summarizes the principal stages of service delivery for most assignments
when the consultant is responsible for design, contract administration and certification of
the built product.
Part Two: OALA Fee Guide For Landscape Architectural Services
18
TABLE 3: SERVICE DELIVERY WEIGHTING GUIDE
Site Planning Services
Allocation of Fee
A
Pre-design stage: site appraisal & advice on site/project
suitability
Time basis or fixed
fee recommended
B
Feasibility studies, budget pricing
Time basis or fixed
fee recommended
C
Master planning, public facilitation and reports
Time basis or fixed
fee recommended
D
Programming and establishing development standards
Time basis or fixed
fee recommended
E
Site plan approval and rezoning applications
Time basis
Site Design Services
F
Conceptual design stage, sketch designs, and preliminary
cost estimates
15 - 25%
G
Detailed design stage, functional plan, materials selection,
and cost estimates
15 - 25%
Total for F + G
H
Preparation of construction drawings, details,
specifications, tender documents and pretender cost
estimates
I
Tendering services
Total for H + I
(1)
40%
35 - 40%
2 - 5%
40%
J
Periodic construction review, reports and administration of
contract including warranty review (minimal services) (1)
K
Post construction review and approval
3-5%
Total for J + K
20%
Overall Total: A-K
100%
10-15%
(1)
Note: the allocation of fees shown for periodic construction review is for minimal services
to verify compliance with the contract documents. If more frequent reviews and on-site
attendance are required, these services would be extra to the percentage breakdown
listed above and a separate fee budget is required corresponding to the contract.
Part Two: OALA Fee Guide For Landscape Architectural Services
19
7.11
Fee Payments
Percentage fees are normally paid at the end of each pre-agreed stage of work. Time
based fees are normally paid at monthly intervals. Lump sum fees are normally paid at
intervals by task or other agreement. Retainer or term commission fees are normally paid
in advance for predetermined periods of service.
7.12
Task / Scope of Work Evaluation Chart
The Task / Scope of Work Evaluation Chart provided in Appendix 8.3 may be used to track
the amount of time and level of expertise the consultant will need to apply to a given
proposal. The chart is also helpful in determining the relative level of complexity. The
total number of tasks required to be performed to satisfy the project requirements can
indicate whether a project’s complexity is standard, skilled or complex.
8.0 Appendices
8.1
Table 4 - Percentage Method Fee Calculation Chart
(Landscape Architecture)
8.2
Table 5 - Percentage Method Fee Calculation Chart
(Landscape Architecture & Engineering)
8.3
Task / Scope of Work Evaluation Chart
Part Two: OALA Fee Guide For Landscape Architectural Services
20
18.50
20.50
22.50
standard
skilled
complex
3
16.50
18.50
20.50
13.50
14.50
15.50
10.00
11.00
12.00
15.50
17.50
19.50
12.50
13.50
14.50
9.00
10.00
11.00
14.50
16.50
18.50
11.50
12.50
13.50
8.00
9.00
10.00
$600K <$1mil
13.50
15.50
17.50
10.25
11.50
12.50
7.50
8.00
8.50
$1mil <$2mil
$5mil <$10mil
12.50
14.50
16.50
9.25
10.25
11.50
6.50
7.50
8.50
11.50
13.50
15.50
8.25
9.25
10.25
6.00
6.50
7.00
mil = $million
$2mil <$5mil
"Complexity"
3
This is defined under subsection 7.5 "Levels of Complexity"
The specific challenges of the site and/or approvals may advance a project to the next category.
Refers to a project type as described under subsection 7.6 "Project Type by Category"
Use of the percentage method is defined under subsection 7.7 Remuneration and on Table 1: Services/Fee Options.
"Category"
March 27, 2016
$300K <$600K
K = $1000
$150K <$300K
This chart is to be read in conjunction with the clauses under Section 7.0 Guidelines for Estimating Consultant Fees.
2
1
17.50
19.50
21.50
14.50
15.50
16.50
11.00
12.00
13.00
$100K <$150K
This chart is a guide for calculating consultant fees for Landscape Architects based on the total value of construction.
15.25
16.25
17.25
standard
skilled
complex
2
NOTES
12.00
13.00
14.00
standard
skilled
complex
COMPLEXITY
$50,000 <$100,000
1
CATEGORY
(excluding taxes)
COST OF CONSTRUCTION
This chart may be used to estimate the budget for landscape architectural services without
engineering fees
Table 4 - Percentage Method Fee Calculation Chart (Landscape Architecture Only)
APPENDIX 8.1
Page 21
10.50
12.50
14.50
7.25
8.25
9.25
6.00
6.50
7.00
$10mil + over
22.00
24.00
26.00
standard
skilled
complex
2
3
19.75
21.75
24.00
15.50
16.75
18.25
12.00
12.50
13.50
19.00
20.50
23.00
14.50
15.75
17.05
11.50
12.00
13.00
18.00
20.00
22.00
13.25
14.50
15.85
11.00
11.50
12.50
$600K <$1mil
16.00
18.00
20.50
12.00
13.50
14.65
10.00
10.50
11.50
$1mil <$2mil
$5mil <$10mil
15.00
17.00
19.50
10.85
12.15
13.45
8.50
9.00
10.00
14.00
16.00
19.00
10.00
11.50
12.50
8.00
8.50
9.50
mil = $million
$2mil <$5mil
"Complexity"
3
This is defined under subsection 7.5 "Levels of Complexity"
The specific challenges of the site and/or approvals may advance a project to the next category.
Refers to a project type as described under subsection 7.6 "Project Type by Category"
Use of the percentage method is defined under subsection 7.7 Remuneration and on Table 1: Services/Fee Options.
"Category"
March 27, 2016
$300K <$600K
K = $1000
$150K <$300K
This chart is to be read in conjunction with the clauses under Section 7.0 Guidelines for Estimating Consultant Fees.
2
1
20.00
22.00
25.00
17.00
17.75
19.25
12.50
13.00
14.00
$100K <$150K
13.00
15.00
18.00
9.25
10.25
11.50
7.50
8.00
9.00
$10mil + over
Page 22
This chart is a guide for calculating consultant fees based on the total value of construction.
For projects requiring more involved engineering services, use Table 4 to determine Landscape Architect's fees, plus consult the
relevant fee guides of the respective professional engineer associations for the specific engineering disciplines.
17.50
18.75
20.25
standard
skilled
complex
1
NOTES
13.00
13.50
14.50
COMPLEXITY
$50,000 <$100,000
standard
skilled
complex
CATEGORY
(excluding taxes)
COST OF CONSTRUCTION
This chart may be used to estimate the budget for landscape architectural services with basic
engineering fees (civil, structural, electrical)
Table 5 - Percentage Method Fee Calculation Chart (Landscape Architecture & Engineering)
APPENDIX 8.2
APPENDIX 8.3
OALA TASK / SCOPE OF WORK EVALUATION CHART
ITEM
SCOPE OF WORK
TASKS
PROPOSAL REQMT.
Yes
1
Approval Process
a. Municipal client group approvals
b. Planning department approvals (site plan)
c. Building department approval
d. Landscape plan approval
e. Tree removal approvals (urban forestry)
f. Federal Regulations
(Dept. of Fisheries & Oceans, National Capital Commission, etc.)
g. Provincial Regulations
(Niagara Escarpment Commission, Conservation Authority, etc.)
h. All utility coordination
i. Other (list)
2
Design Process
a. Single conceptual design scheme
b. 2-3 conceptual design schemes
c. Single public consultation process, minutes, response
No
EFFORT REQUIREMENT
High
Medium
Low
NOTES
d. Full ratepayer facilitation/steering committee
e. Design for LEED rated projects:
f. Design for green infrastructure,
including low impact development (LID)
3
Co-ordination / Consultant Team Management Role
a. Cost consulting coordination
b. Architectural coordination
c. Engineering coordination
d. Surveyor coordination
e. Soils investigation and testing coordination
f. Other (list)
4
Incorporating Reports
a. Visual assessments
b. Planning reports
c. Noise attenuation reports
d. Tree inventory reports
e. Arborist, rare and endangered species reports
f. Other (list)
5
Working Drawing Scope
a. Layout, grading and standard details
b. Lighting plans
c. Irrigation plans
d. Tree preservation plans
e. Planting plans
f. Custom construction details
g. Other (list)
6
Tender Documents
a. Front end schedules
b. Special provisions
c. General conditions
d. Single form of tender
e. Phased contract documents, multiple tenders
f. Specifications
g. Tendering services
7
Construction Services
a. Bi-weekly inspections
b. Weekly inspections
c. Resident (daily) supervision
d. Contract administration (meeting minutes, P.C.s, change orders)
e. Construction management (authority over contractor)
f. Substantial completion inspection and certificate.
g. Warranty inspection
h. Final acceptance certification
i. As-built drawings - digital
Totals: (50 possible tasks)
Note: Tasks that are not stated as requirements, but are normally included in the scope of work, should be brought to the attention of the client.
Tasks that are not included in the scope of work must be clearly described in the assumption section of the proposal as not included in the total fee.
STANDARD
10-20
TASKS
SKILLED
21-35
TASKS
COMPLEX
36-50
TASKS
Degree of difficulty
(circle one)
H
M
L
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