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122 Cards in this Set

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  • Back
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

components of contract supervision include
selection of contractors

award of contract


acceptance of work completed

components of design development include:
schematic designs

feasibility studies


preliminary estimates

components of design implementation include:
  • the creation of working drawings
  • final estimates
  • contract specifications
components of programming and analysis include:
site selectionsite inventory and analysis
Does CLARB work with A.S.L.A. in developing the L.A.R.E?
No
if a contractor provides unsatisfactory work, how long may the owner withhold payments?
until the situation is rectified
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
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.
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 contractor is responsible for:
obtaining all permits and installing the desing
over the course of a project's design and installation, the owner is responsible for:
-setting the budget

-providing goals and objectives

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

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.
reasons for keeping a retainer
-unsatisfactory work

-failure of the contractor to do the work


-damaged property


-compliance with the mechanic's lien

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.
the pay rate for the labor is negotiated beforehand when the payment method is time and materials.
true
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
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
What are some of the benefits of a Joint Venture?
It allows two companies to share resources, combine expertise and capital
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
What are the components to a bid?
-the invitation to bid-the instructions to bid

-a detailed bid form-assorted bonds

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.

What does the Certificate of Occupancy state?
That the building complies with all local codes and is in condition to be occupied.
What doesn't CLARB do?
Set the minimum requirement that each state must require in order to become licensed
What is a graphical representation of the project at hand that details the proposed construction?
the shop drawings
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 is discussed at a pre-construction meeting?
-permits

-material testing


-duties of those involved


-due dates

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

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 needed in order to begin using a building after all the work has been completed?
A Certificate of Occupancy
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.
when does a pre-construction meeting take place?
after a bid package has been sent out and a contract has been signed
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.
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.
Which takes precedent, written contracts or verbal contracts?
written contracts
who is responsible for hiring subcontractors?
The contractor
who is responsible for safety on the construction site?
the contractor
Who issues A Certificate of Occupancy?
The local building department
who provides shop drawings?
the contractor or manufacturer that provided the details of an item to be installed
who should be contacted first if working conditions are hazardous, and is responsible for providing a safe working environment?
the employer
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
when a cost plus contract is approppriate
- used when the actual costs of a project are difficult to estimate with accuracy

- plans may not be complete


- project cannot be accurately portrayed


- project could be needed to be complete within a fairly short time period and the plans and specs cannot be completed before construction starts


- almost exclusively in the private sector

When to use separate contract method
- availability of competent construction mgr

- where required specialty work is restricted to a few types of construction


- not widely used

When unit price contracts are appropriate
- when project is fairly well definedbut actual quantities may be difficult or impossible to estimate with accuracy after construction has started
This governs in the case of a conflict between plans and specs
specs
three types of hold harmless agreements
1 - limited form indemnification

2 - intermediate form indemnification


3 - broad form indemnification

tract of land, usually consisting of a series of connected parcels of property, that is used for the operation of a highway or public utility
right of way
typical instructions relative to the writing of bid(8)
- bids must be submitted on forms provided

- erasures must be initialed by the signer


- all items in the bid schedule must be priced


- alternatives are not considered unless called for


- discrepancies between the unit price and the extended amount are discussed


- can the bid be mailed?


- can bid modifications be made?


- submission policy must be followed

typical project completion phase(9)
1 - major construction work items are completed

2 - punch list prepared


3 - substantial completion- owner may occupy- warranty for project begins- time of completion marked- time is marked for filing liens- last periodic payment is requested


4 - punch list items addressed


5 - final inspection conducted


6 - final completion defined


7 - project accepted


8 - release of retainage requested9 - final payment

typical subcontractor agreement provisions (3)
- subcontractors will be paid:

1 - after completion of the work


2 - after acceptance by architect/engineer


3 - after full payment of the work by the owner

Risks of professional construction management contract
- CM is responsible to the owner to complete project on time and budget

- similar to GC method


- firm enters contract prior to design completion

Self-performance method
- force account work

- owner self-perform construction work/do work in house


- no written contract


- just the owner and workers


- owner as manager


- appropriate for projects small in scope, simple, ongoing and maintenance projects


- criticized when public owners decide to do projects by self-performance

Separate contract method
- multiple prime contracts method

- owner contracts directly to specialty contractors for various jobs


- appropriate if owner has in house capabilities to manage construction project


- owner keeps profit that would have gone to general contractor

signatures on change orders
- owner

- architect


- contractor

Specifications in the broader term of the contract....10
1 - invitation to bid

2 - instruction to bidders


3 - general conditions


4 - supplementary conditions


5 - bid proposal form


6 - bid bond form


7 - contract bond form


8 - list of prevailing wages


9 - noncollusion affidavit


10 - technical specifications

private sector advertisements for bids
- owner can choose a contractor by any means

- public advertising is frequently used to obtain the advantages of open and free competition


- owner can elect to negotiate with a particular contractor


- owner can create a select bidders list who are then asked to bid on the project

process of change order
- Owner issues modification

- GC reviews proposed change


- GC finalizes estimate for changes


- Owner evaluates price proposed


- owner issue form change order to the GC agreed price/cost


-plus basis OR owner decides not to issue change order

professional construction management
- owner hires firm with construction expertise

- on large complex projects


- permits flexibility for changing

Project Manual consists of... (4)
1 - bidding documents

2 - general conditions


3 - supplementary conditions


4 -technical specifications

positives of cost plus contract
contractor almost always assured of not losing money
payment in lump sum
contractor asked to break down the project into a variety of work items and to allocate the appropriate payment to be made for each item
payment in unit price contract
- usually contractor will request payments on the basis of measurements of in-place quantities
On private works projects the design ownership is assigned to either the owner or designer in the....
contract you idiot
On public works projects the design ownership is assigned to the,...
owner
only time a contractor can terminate a contract due to delays
- when the owner delays in issuing a certificate or a delay in making payments
notice to contractor may be called either
notice of award

- start date is usually specified here notice to proceed

lump sum projects are particularly vulnerable for the following reasons...
- prices can increase

- labor difficulties can arise


- subsurface conditions may be different than expected


- government policy may change, affecting the ability to borrow

lien discharged in two ways
foreclosure or elimination
it is common for changes clauses to include the following items....(4)
- owner has the right to make changes within the general scope of the contract

- contractor is obligated to perform the work necessitated by the change


- the change must be in written form and must be signed


- an adjustment to the contract price and/or contract duration will be assessed by some means, or can be predetermined

in the case of a conflict between the plans and specs the conflict will be resolved by the....
architect
General Conditions do the following...
establish the rights, authority and obligations of the contracting parties: the owner, the owner's representative, and the contractor
General contract method
- between owner and general contractor

- owner represented by firm (contract documents)

how to avoid liens
- owners can post a notice of nonresponsiblity

- no lien contract


- owner can require the contractor to furnish an affidavit that all the bills related to a project have been paid


- owner can demand to see receipts


- owner can require GC to pay the subs before he gets paid


- owner can keep retainage

disadvantages of bid process
- accurate costs cannot be known until the design is completed

- bids that exceed owners budget cannot be readily accomodated


- various parties tend to be adversarial under this


process


- errors or ommisions in the design may lead to costly change orders

disadvantages of cost plus contracts
- owner has little idea of what actual cost of project will be

- owner must maintain additional staff to monitor the progress of contractor

Disadvantages of General Contract
- often extends project duration

- leads to tight bid and small profit margins


- incentive for general contractors to cut corners on performance


- inflexibility


- high probability of claims for owner

disadvantages of lump sum
- construction of project is delayed while plans are completed

- errors in plans will be costly because they result in extras

disadvantages of unit price
- owner is not certain of the actual cost of the project until the project is completed

- plans must be reasonably complete in order for the bidders to develop unit prices for all the bid items

Describes the preparation, workmanship, installation, erection, and application procedures to be employed along with quality requirements and performance criteria that must be satisfied
Execution Specs
describes the product or products and the development and manufacturing process to be used in producing them
Product Specs
criticism of liens
- they are complex and take a long time to process

- inconsistent between states


- no guarantee of payment and are often useless- severe means of collection if the debt is small

construction contract documents include....(6)
1. construction agreement

2. drawings


3. general conditions


4. supplementary conditions


5. technical spec's


6. addenda

conditions must be met for a tort to occur
- one party owes a duty to another party

- the party does not conform to the standard (breach in performance of the duty)


- the second party is harmed by the act or failure to act


- there is a clear casual relationship between the act and the harm that results

Can be authorized by personnel in the field without direct owner approval
field change
arrangment of the three parties in a surety bond
surety

- the bond company obligated to perform or pay when principle doesn't performprinciple


- general contractor whose performance is promised or guaranteedobligee


- owner who is promised the performance

Another names for Design specifications
method and materials specs

prescriptive specs


material and workshop specifications

Agent is appointed to act for the principle and is authorized to...
do only what the principle wants
agent is responsible for actions if
they are not authorized by the principle
additional work must be from a change that...(3)
- should not have been anticipated

- was not open to observation


- could not readily be discovered until work under the contract was undertaken

advantages of bid process
- owner benefits from competitive market place

- owner has appearance of being impartial


- process full embraces the fundamentals of free market


- may be only viable method for some government agencies

Advantages of design-build
- owners keep savings in public sector and share savings in private sector

- eliminate potential for being embroiled in disputes between design and construction firm

Advantages of General Contract
- reduce cost for owner when contractor has unique skill set

- only method that gives owner a firm idea of final cost prior to construction phase-


clearly defined roles for each party


- owner minimizes contractual liability for cost overruns and late project delivery

advantages of joint ventures
- increase bond capacity

- gain familiarity with the local labor market be enlisting the services of a local firm


- increase capabilities


- pool equipment resources


- increase available capital

advantages of lump sum
- plans are completed

- price is what it will be


- good for limited budgets

agency agreements consist of
1. agent

2. principle

Agency agreements vs contracts
similar in that they contain the same basic elements
Acts agents cannot perform
- anything personal in nature

- anything illegal


- immoral acts


- acts opposed to public policy

10 common things on a bid form
- price (lump or unit)- time of completion

- bid surety


- agreement to provide contract surety


- acknowledgement of having reviewed addenda


- list of subcontractors


- experience record


- declaration regarding fraud and collusion


- statement regarding site examination


- signature

12 rules to bidding
1 - follow instructions as in last card

2 - contractor MAY be required to submit an experience record


3 - instructions clearly list all documents part of the bid document


4 - construction time period spelled out


5 - instruction indicate who is responsible for geotech


6 - requirements of bid guarantee outlined


7 - insurance to be provided by contractor is stipulated


8 - bonding requirements given


9 - conditions for handling bid irregularites are stated


10 - where and when to deliver bids


11 - closed or public opening of the bids indicated


12 - a prebid conference MAY be described

12 things typically in notice to bidders
- nature or type of project

- location of project


- type of contract for construction- bonding requirements


- dates in which to perform work- terms of payment


- estimated construction costs


- time, manner, and place to submit bids


- location to obtain bid documents


- deposit required on bid documents


- owners right to reject any and all bids


- requirements regarding wage rates

3 types of construction CONTRACTS
1 - unit price

2 - cost plus


3 - lump sum

3 types of delay categories
- delays caused by the contractor or contractor's agents

- delays caused by the owner or the owner's agents


- delays caused by the force majeure or acts of god

4 construction categories
1 - housing (private)

2 - building (non-residential, public and private)


3 - Engineering (civil works projects, public)


4 - industrial (private)

5 types of contracting procedures
1 - General Contract Method

2 - Separate Contracts Method


3 - Self-performance Method


4 - Design-build method


5 - Professional construction management

6 examples of torts
  • defamation of character through libel or slander
  • unlawful entry onto another's premises- unwarranted seizure, alteration, or destruction of another's property
  • unauthorized use of another's patent, trademark, or copyrights
  • violation of another's freedom through nuisance and negligance

failure to exercise care in the exercise of one's duty to another

9 ways an agency is terminated
  • death of principle or agent
  • destruction of the subject matter for which the agency was formed
  • occurrence of a specified event
  • fulfillment of the particular purpose of the agency
  • bankruptcy of either party
  • exipiration of a time period set in the agreement
  • development making subject matter illegal
  • mutual consent
  • unilateral termination by either party
What are the six requirements for a contract to be valid?
  • An offer and acceptance of that offer
  • Must have consideration where something is bargained for in exchange for a promise
  • All parties must have the capacity or legal ability to contract
  • Both parties must be agreeable to the terms of the contract
  • The subject matter of the contract must be legal

Some contracts must be in proper form or must be in writing though courts will support an oral contract

Who is responsible for the accreditation of landscape architecture programs?
ASLA
Construction Manager at Risk
  • Owner hires A/E and CMaR under separate contracts.
  • A/E designs and CMaR provides pre-con services
  • CMaR issues RFP from subs
  • CMaR holds subcontracts and manages construction
Construction Manager-Agent
  • Owner hires A/E and CMA under separate contracts.
  • A/E designes and CMA reps and consults with owner.
  • Owner issues RFP from subs.
  • Owner awards subs offering best value.
  • Owner holds subcontracts and CMA reps owner and manages construction.
contractor + designer agree to provide a finished building at a given time all the owner has to do is _______________ many HUD projects are this
TURNKEY CONTRACT
If a landscape architect approves a request for payment that includes services that have not been performed yet...
they are covered by errors and omissions insurance and therefore is held responsible
Who writes a "letter agreement contract?"
The consultant
Specs vs Drawings
In the event of conflicting information, specs prevail because they contain more detail and specificity.
What are the basic servies of a scope of work?
Project programming, schematic through final design, construction documents, and construction administration
What are some additional services in a scope of work?
post-construction evaluation, display model building, marketing material design, landscape maintenance programming
What is another name for a Mechanics Lien?
Labor and Materials Lien
INDEPENDENT BOARD VS JOINT BOARD
licensure board can be controlled by solely landscape architects vs other licensed professionals (arch, engineer, etc)
A document issued by the LA directing the contractor to erect some portion of the building in a manner different than described in the original plans + specs is this_____ if it does not have an effect on price and/or time, it is a _________
CHANGE ORDER



FIELD ORDER