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201 Cards in this Set

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A Bid

An expression of plans and terms specific to the job at hand

What are the components to a bid?

-the invitation to bid


-the instructions to bid


-a detailed bid form


-assorted bonds

What is a graphical representation of the project at hand that details the proposed construction?

the shop drawings

a Notice of Award

A written communication from the owner to a contractor, signaling that they have achieved the winning bid

a Remand

a legal term reflecting the redirection of a court case to a lower court for ruling.

What is included in the instructions to bidders?

-the start date of the project


-the time and place to submit bids and any product substitution information

What is CLARB's role?

Assist state registration boards


Compile Professional records


Develop the L.A.R.E


Provides services, which tests the examinees and provides the results to each individual state boards

What doesn't CLARB do?

Set the minimum requirement that each state must require in order to become licensed

Does CLARB work with A.S.L.A. in developing the L.A.R.E?

No

List the reasons a contract may be terminated

Breach of contract.


fraud.


nonpayment of professional fees.


hazardous site conditions.


failure to pay subcontractors.


a contractor goes bankrupt.


the contractor violates ordinances intentionally.

A Joint Venture

The partnership of two different firms for the length of a project or a set amount of time.

What are some of the benefits of a Joint Venture?

It allows two companies to share resources, combine expertise and capital

What is needed in order to begin using a building after all the work has been completed?

A Certificate of Occupancy

Who issues A Certificate of Occupancy?

The local building department

What does the Certificate of Occupancy state?

That the building complies with all local codes and is in condition to be occupied.

This type of specification is designed to instruct a contractor on what is required during the project including where to deliver and store materials

The general specifications

This type of specification provides details on the different items that are going to be constructed and include Performance specifications

The technical specifications

A court order intended to satisfy a judgement in a civil case

A writ of execution

When is a writ of execution granted?

When the defendant refuses to pay the judgement and may result in a levy against the defendant's property.

Which takes precedent, written contracts or verbal contracts?

written contracts

The common expectations for professionals with which they can reasonably be held accountable

Standards of Practice

The accepted period of time for a claimant to begin legal proceedings regarding a contractual issue.

Statute of limitations

The terminology involved with the traditional negligence and malpractice cases that relates to standards of practice

reasonable care and skill

Reasons a landscape architect can lose their license include:

sealing drawings that he or she has not directly supervised the creation of.


they've become mentally disabled.


they've accepted compensation from a specific supplier.


receiving payments from making public statements without disclosing it to the public.

As the construction administrator, what are the responsibilities of the Landscape Architect?

-have the owners best interests in mind.


-check the quality of work and make sure it meets code and the specifications of the contract.


-resolving any problems that arise in as quickly a manner as possible

who is responsible for safety on the construction site?

the contractor

An amount that is specified in the contract for any breach of contract including missing a deadline.

Liquidated damages

Payments made for the actual losses that have occurred

Actual damages and compensatory damages

the payment for losses caused by faulty work

Consequential damages

The act of prohibiting dramatic changes to a piece of property. (often used by homeowners' associations)

restrictive covenant

what is the minimum amount that contractors are required to pay their employees on a federally funded project?

The prevailing wage, which includes salary and benefits in the price.

who is responsible for hiring subcontractors?

The contractor

a confirmation that what is stated within an ownership article is actual fact, and serves to assure that nothing negative was incurred while the owner was in ownership of said property

a general warranty

similar to a general warranty, but deals with a more detailed/limited time frame, precluding the owner from liability for anything incurred before their actual ownership

a special warranty

a persons's claim to a property in lieu of absent payment or debt

a claim of lien

A mechanic's lien

Provides suppliers, laborers and landscape architects a method of forcing a an owner to pay up for goods that were provided but not paid for, even if the contractor has been paid.

transfers ownership of property from one owner to another

A deed

A general warranty

a guarantee from the prior owner that the title is clean and that he will be held liable in the future if anyone comes forward and stakes a claim to the title of the property

a special waranty

indicates that the prior owner will accept responsibility from the point in which he or she obtained the property moving forward

a trust deed

transfers the rights of a property to a trust

a quitclaim deed

a deed in which the original owner will not contest the ownership of the property

who should be contacted first if working conditions are hazardous, and is responsible for providing a safe working environment?

the employer

if contacting the employer about unsafe working conditions fails, who should be notified?

O.S.H.A. who will then bring in an inspector to assess the situation

who provides shop drawings?

the contractor or manufacturer that provided the details of an item to be installed

a change that is made prior to a bid package being sent out

an addendum

a change to the specifications of the project after a contract has been signed

a change order

include detailed working drawings and specifications

construction drawings

libel

a written or printed defamation of someone else's character

slander

verbal defamation of someones character

negligence

a breach of duty that will result in the injury to someone else

an alternate

a request made in the bid package for pricing for a type of variance from the base bid

a substitution

the use of materials that are not specified as long as they are approved

a change order

a change to the specifications of the project after a contract has been signed

technical specifications

intended to provide the quality and performance capabilities of a material and any tests or inspections of the material.

a surety bond

a financial promise provided by a specialized outside party assuring completion of the bid should the bidder be selected

a bid bond

this is included with an actual proposal and serves as a guarantee of contract should the proposal be accepted; it also results in a penalty should the bidder withdraw following acceptance

a performance bond

an assurance of the contractor's intention to complete their work

a payment bond

a guarantee that the contractor will pay all bills accrued within their work

what are the benefits of a corporation

it provides security of one's personal assets in the event of a lawsuit against the firm and will still exist in the event of one of the partners leaving the company

mediation

the act of settling a contract dispute or liability claim by hiring a third party mediator to get the parties to come to an agreement through negotiation

litigation

the settling of a dispute in court

arbitration

uses a third party to settle a dispute in which evidence is presented and the resolution is binding

tort law

allows someone to receive damages for injuries suffered at the expense of the person deemed liable for those injuries

reasons for keeping a retainer

-unsatisfactory work


-failure of the contractor to do the work


-damaged property


-compliance with the mechanic's lien

if a contractor provides unsatisfactory work, how long may the owner withhold payments?

until the situation is rectified

what are the responsibilities of the landscape architect operating in the capacity of a construction administrator?

-observe work being completed on site


-recommending whether to accept or reject the work being done.

who's responsibility is it to make the final decision on whether the work is acceptable or not, when the L.A. is construction administrator, L.A. or owner?

the owner

public bids usually have what type of requirements?

-complete and thorough bids


-specific types of advertising


-specific bid due dates


-times and a requirement to select the lower bidder

when should Record Drawings be done?

also called as-built drawings, should be recorded contemporaneously with the execution of work being done on a job site.

malpractice

when providing a contractual service results in pain or suffering to an individual

reasonable care and skill or a general sense of responsibility

considerations that the contractor should always have foremost in their mind when committing to work

misfeasance

when acceptable activities are undertaken in inappropriate or dangerous ways

when does a pre-construction meeting take place?

after a bid package has been sent out and a contract has been signed

what is discussed at a pre-construction meeting?

-permits


-material testing


-duties of those involved


-due dates

Allows the design team to get paid for all labor costs and other costs to complete the work such as printing charges and postage.

A time and materials payment agreement

There is a limit to the amount of time that can be spent on a project when the payment method is time and materials

false

the pay rate for the labor is negotiated beforehand when the payment method is time and materials.

true

same as time and materials agreement except that there is a maximum limit on the amount of money that the design firm can get paid for its services

time and materials with a maximum not to exceed payment agreement.

time and materials with maximum not to exceed payment agreement encourages the design team to be efficient.

true

time and materials with maximum not to exceed payment agreement helps keep the costs down for the client

true

provides payment for all labor and materials costs and adds an amount on the contract to act as the profit for the design team

a cost plus fixed fee agreement

A fixed dollar amount that is negotiated beforehand and is usually paid out at different stages of the contract such as a percentage complete.

lump sum agreement

over the course of a project's design and installation, a landscape architect is responsible for:

-keeping a record of the designs


-analyze environmental conditions


-plan the design


-observe construction progress

over the course of a project's design and installation, the owner is responsible for:

-setting the budget


-providing goals and objectives

over the course of a project's design and installation, the contractor is responsible for:

obtaining all permits and installing the desing

what is included in a closeout package?

-guarantees


-inspection certificates


-as-built drawings


-maintenance agreements

what is included in the base bid?

-overhead

-labor


-equipment


-site preparation


-materials


exoneration

an official request to dismiss a surety bond

liquidated damages

an amount of monetary compensation that the contractor pre-arranges to pay the owner for each day of completion delay

retainage

a pre-arranged contractual item that deals with contingent milestones or specific dates of delivery. lump sum contract. amount withheld by the client to ensure project completion. usually a percentage such as 10%.

any testimony given outside of court

deposition

depostion

when the witness is sworn in under oath and the testimony is recorded to be used at a later date

a statement that the information to be provided is factual with god as a witness

oath

same as an oath without the spiritual implications

affirmation

a court order for a witness to appear before the court

subpoena

a sworn statement of fact

affidavit

components of design development include:

schematic designs


feasibility studies


preliminary estimates

components of contract supervision include

selection of contractors


award of contract


acceptance of work completed

components of programming and analysis include:

site selection


site inventory and analysis

components of design implementation include:

the creation of working drawings


final estimates


contract specifications

List some expenses that would be considered “overhead” for a landscape architecture office.

General office supplies, office space lease, in house printing, new office equipment.

what is overhead?

the costs associated with operating and maintaining an office

what are the six general objectives of a project work plan?

-definition of the project objectives


-identification of the project team


-breakdown of the project into tasks


-development of the project schedule


-establishment of the project quality control program


-identification of other project specific procedures and standards

what is a sole proprietorship?

a one person venture

what is a design studio?

a small to medium size single discipline firm

what are the five phases of a project?

-Start


-planning


-design


-production


-closeout

for a project to be considered successful, the six project management goals are to reach the end:

- of the project


- on budget


- on time


- safely


- error free


- meeting everyone's expectations

what are the six general objectives of a project work plan?

- definition of the project objectives


- identification of the project team


- breakdown of the project into tasks


- development of the project schedule


- establishment of the project quality control program


- identification of other project specific procedures and standards



what happens when a contractor chooses to withdraw from a project after being awarded a contract?

typically they forfeit the amount of the difference b/w their bid and the next lowest bidder, up to the face value of the bid bond. they may also have to forfeit the face value of the bid bond.

what is a bar or gantt-type chart schedule?

a chart or graph with the horizontal axis representing a timescale. the vertical axis lists the work tasks. bars are used to represent the duration of the tasks plotted on the timescale

what are some advantages of using a bar or gantt-type chart schedule?

- simple and easy to understand


- can be created with basic and easily available software


- good for small to medium-size projects since they may not need to track a large number of deliverables, deadlines, etc.

what is value engineering?

a practice used in the design and construction industry to reduce project cost while maintaining the quality and design intent of the project as originally designed.

at which stage of a project can value engineering occur?

during the design and/or the construction phase of a project

why wouldn't introducing high end material finishes be considered value engineering?

it has a better chance of increasing construction costs

what are some benefits of value engineering?

- reduction in construction costs


- reduced probability of litigation related to construction


- reduced long-term maintenance costs


- improve ease of construction

what does the phrase 'or equal' mean in a specification?

a modification of a proprietary specification to allow a similar product that is the equivalent of the one specified

what does the phrase 'or approved equal' mean in a specification?

the contractor is permitted to select a different make and model for the intended product as long as it is approved by the owner or architect.

if there is a discrepancy between the plans and the specifications and the contract does not state how conflicts are handled, which document should a contractor follow to complete construction of an item?

the specifications

is the owner or the contractor responsible for obtaining builder's risk insurance?

the contractor

what is active interference?

an intentional action by the owner that disrupts the contractors work and as a result there are delays

who do subcontractors ultimately answer to; owner, GC, architect?

general contractor

what is the critical path method?

a network diagram that graphically shows a project, predicts the time needed to complete the project, and highlights those tasks that are critical to maintaining the project schedule

how can plant-related site maintenance costs be reduced?

- amending site soils prior to planting


- using drought tolerant plant material


- developing a site maintenance plan

what are the benefits to amending site soils prior to planting?

it allows any nutrient deficiencies or other problems in the soil to be addressed prior to the installation of plant material.

what are the benefits to using drought tolerant plant material?

it can help lower site maintenance costs by reducing the need for watering and protect against plant loss during periods of dought

what are the benefits of developing a site maintenance plan?

it can reduce maintenance costs by introducing grounds staff on the respective needs of each plant species, hardscape material, etc. and eliminate redundant or counterproductive maintenance activities

what is a punch list?

a list of outstanding items needed to be corrected after substantial completion

when is a punch list completed?

generally created after the notice of substantial completion has been issued

what is the notice of substantial completion?

a statement issued to state that the project is ready for occupancy or use as its intended purpose

when is a notice of substantial completion issued?

when the owner can occupy or utilize the project for its intended use but can be done before final completion

what is final completion?

when all items on the punch list have been completed

when is a project deemed to be substantially complete?

when it is ready for the intended use

what should be done before drafting a design contract to accurately establish the scope of work?

- research the project site


- determine client goals


- identify relevant codes, laws and regulations

what is the order of project management activities?

- defining


- planning


- directing


- coordinating


- monitoring


- learning

what are some common tools utilized by a project manager?

- project planning


- scheduling


- quality control


- task management


- budgeting


- establishing project objectives and management goals

what does WBS stand for?

work breakdown structure

what is WBS?

a tree-like diagram that breaks down work into its related tasks and subtaks

what does PERT stand for?

Program evaluation and review technique

what is a PERT used for?

to manage immensely complex and/or large projects. this method of project management relies heavily on statistics and is not typically used by design professionals. (possible change in recent years)

what does CPM stand for?

Critical Path Method

Acceleration cost

cost incurred by a contractor when the project is interfered with by the owner in such a way, that the contractor must employ more manpower or work more hours in order to complete the project on time. if the contractor contributes to the cause of the delays, this may not be granted

what is a lump sum contract linked to?

contract defined deliverables such as payment milestones being issued at specific completion milestones (50% package = 50% invoice)

acceptance

act of a person to whom a thing is offered by another whereby he receives the thing with the intention of retaining it (yeah someone offered something, you said great, thanks, I'll keep it)

indemnify

hold client harmless, transfer all responsibility to designer regardless of if caused by designers negligence

actual damages

damages resulting from real & substantial loss as opposed to theoretical, estimated, or anticipated losses

liquidated damages

estimated or anticipated loss at a future time

what is an addenda

modification to the contract documents issued during the bidding period

what are the two most common clause issues

guarantees for things and work that are beyond the designer's control and indemnification

adversary

an arms length relationship between parties in a contract. a relationship of mistrust

allowance

a sum of money set aside by the owner to remove a particular portion of work from competitive bidding. typical of government-subsidized institutions with work that must be competitively bid and with projects in which certain portions of the work are proprietary and therefore must be removed from competitive bidding

agent

a person authorized by another to act for him or her one who is employed to represent another in business and legal dealings with third persons.

alternate

a material or method used in place of another base material or method specified for the project

what is contingent liability?

in a scenario where a third party is injured on a construction site due to the contractors actions, the owner could be liable even though they had nothing to do with the reason they were injured.

what would be the most useful tool for a client when identifying the scheduling needs in an RFP?

a milestone list

are public projects generally subject to mechanic's liens?

no

what type of business organization is considered a separate legal entity from the individual owner(s)?

a corporation

are shop drawings created during the design phase, bidding phase, or after a contractual agreement has been made?

after a contractual agreement has been made

what's included in the supplementary conditions of a contract?

typically it offers language and guidance related to project specific information.

what is considered project specific information?

information related to a condition or concern that is found in the particular project, but not relevant to some or all other projects of a similar scope.

what are a few examples of supplementary conditions?

- construction start date


- security requirements for construction


- information related to phasing

what is included in the project manual?

- bidding documents


- general condition


- supplementary provisions


- technical specifications

if a question arises on a construction site, what action should the contractor take?

they should issue an RFI and allow the landscape architect to respond via the procedures outlined during the construction kickoff meeting

what is the benefit of a back charge provision in a contract?

it allows a party to recover expenses incurred when the other party fails to act according to the language outlined in the contract

within a design project, who are the three major parties?

- owner


- designer


- contractor

what are the different sections of a specification?

- general information


- product information


- excecution

what does the general information section of a specification cover?

the basic scope of work

what does the product information section of a specification cover?

it describes the specific materials to be used and any manufacturing or fabrication processes to be used in producing them

what does the execution section of a specification cover?

it describes the actual means of preparing, installing or constructing the item in question, as well as any quality or performance requirements expected

what is builder's risk insurance

insurance taken out by either the owner or contractor to ensure that the project is covered for any losses due to the construction

what is malfeasance?

intentionally doing something illegal

what is the difference between malfeasance and misfeasance?

one is straight out illegal the other is legal but inappropriate

when do you hold a construction kickoff meeting?

after contracts have been signed and there is agreement on the statement of work, cost, and timeline.

what is covered in a construction kickoff meeting?

- introduction of members of the design team


- project background


- what success of this project looks like


- what needs to be done


- devise how to work together effectively

what type of contract establishes pricing for a unit of work or material where fees are modified based on the number of units required in the project?

Unit price contracts (concrete would be priced at $150/cubic yard and a total fee would be based on the number of units of concrete required)

what type of contract incorporates any and all anticipated costs associated with the installation of the unit, including labor, overhead, profit and materials?

unit price contracts

what type of contract allows for reimbursement of construction expenses plus a predetermined fee for overhead and profit?

cost-plus contracts

what type of contract requires the contractor to complete the scope of work for a mutually agreed upon and fixed sum of money?

lump sum contracts

what is the purpose of a charrette?

to allow multiple stakeholders to give feedback on a project. the process can be a single event or take place for several days to allow as many people to provide input

what is a field order

formal notification form used in the field to provide notification, instructions, or answers to questions, concerns, etc. that develop in the field. can occur when a change does't affect the budget or timeline of a project

who can issue a field order?

-designers


-engineers


-contractors

what is a change order?

a formal notification of a change in the project agreement. the change can be to the scope of work, the cost, schedule, or any other entity that requires a formal change to the agreement upon legal terms of the contract

who can issue change orders?

the landscape architect

what's the difference between a field order and a change order?

one doesn't affect the budget or scope while the other does.

what is a schedule of values used for?

a comprehensive list of activities that represents the project and is used to requisition the project, normally on a monthly basis. it may be used in the evaluation of percent complete on a project as well as a management tool for the billing process each month

what is the primary purpose of a project closeout?

ensure the quality of the completed project

what is comprehensive general liability insurance?

insurance that covers against third party lawsuits, including damage to property and bodily harm

what is the purpose of a client's administrative budget?

provide funding for the client's internal costs related to managing the construction project

what tasks are a project manager generally responsible for?

- project planning,


- scheduling


- quality control


- task management


- budgeting


- establishing project objectives


- establishing project management goals

what is a milestone list?

a basic for of a schedule that lists relevant dates for a project

who drafts as-built plans?

the contractor

what are as-built drawings?

a way of documenting any changes to the design that occurred during the course of construction due to such factors as owner-authorized changes to the design and errors in accounting for existing site conditions

what are the three parts of a technical specification?

- general


- production


- execution

what are tort damages?

damage that occurs independent of a contract but not criminal in nature

what general conditions must there be for tort damages to occur?

- one party must owe another party a duty


- there must be a breach of performance of that duty


- someone must be harmed by this breach of performance


- there must be a clear relationship between the harm suffered and the breach of performance

is defamation of character through libel or slander considered tort damage?

yes

what is the typical value of a bid bond?

5% of the contract amount

what is considered an excusable delay?

- acts of god


- emergencies


- labor strikes

what is covered under CSI Division 1?

general requirements

what is covered under CSI Division 2?

site work

what is covered under CSI Division 3

concrete

what is covered under CSI Division 9?

finishes?