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269 Cards in this Set
- Front
- Back
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What are the divisions of professional practice of landscape architecture?
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1) Private
2) Public 3) Academic 4) Design-Build |
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What are the roles and responsibilities of a private practice landscape architect?
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-Provide professional services for a fee
-Principal or employee -Enters into 3-party contract with owner and contractor -Benefit of owner and ethical good -Design and additional services including landscape assessment, master planning, and landscape management -Serve interests of the client, and broader ethical concerns -Assume liability for office, errors and omissions, and supervision |
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What are the roles and responsibilities of a public sector landscape architect?
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-Employees of government, crown corperations, and public agencies
-Manage the design process through coordination of work contracted to private landscape architects and allied consultants -May be rather specialized in work in response to the mission of employer (Eg, Parks Canada) -Federal, Regional, Municipal clientele. |
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What are the roles and responsibilities of a design/build landscape architect?
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-Owners/Employees
-Buisness admininistration, retail operations, contract management, nursery operations, construction and labour management -Less separation of design/supply/build requires LA to fully disclose nature of service to client -Private sector residential/commercial clientele. |
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What is Landscape Planning?
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-Speciality involving work at regional scale
-Land use planning, GIS, EA, VRM. -Plans, reports, databases |
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What is Master Planning?
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-Larger sites, defining circulation, use, access, location, density, context, grading, phasing, etc.
-Master plans, models, presentation documents, design guidelines, etc. |
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What is Site Planning?
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-Applying a specific programme
-Defines in great detail basic land uses, characters of development, relationship of structures, planting, grading, cost estimates, feature areas. -Site plans, sections, elevations, presentation sketches, renderings, models. |
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What is project design?
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-Schematic design, design development, construction drawings, specs, contract and bidding documents, observation and post-construction services.
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What are the four categories of service defined by the OALA?
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1. Consulting and Advisory Services
2. Conceptual Planning and Pre-Design 3. Design and Contract Documents 4. Services Before and During Construction |
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What are consulting and advisory services?
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i. CONSULTING AND ADVISORY
-Consultation and advice -environmental studies -site analysis -appraisals -report prep -research -computer services -management/administration -terms of reference establishment -consultant coordination ii. SPECIALTY -expert involvement, EA, hearings iii. OTHER -short term, intermittent |
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What are Conceptual Planning and Pre-Design Services?
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i. CONCEPTUAL PLANNING
-obtaining relevant data -programme development -alternative concepts -preparation of estimates ii. PRE-DESIGN SERVICES -master plans -development plans -conceptual designs -planning approvals -site plan agreements -cost estimates -permit applications -consultant coordination |
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What constitutes Design and Contract documents?
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-working drawings
-specifications -tender documents -tender and award of contract -consultant coordination |
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What are the services provided before and during construction?
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i.CONTRACT MANAGEMENT
-pre-qual of bidders -prep/reciept of bids -contract award ii. FIELD REVIEWS AND CONTRACT ADMIN -as-built drawings -prep of maintenance guidelines -warranty inspections |
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What are the 3 allied professions?
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Architecture, Planning, Landscape Architecture (work in collaboration with specialized professionals)
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What are the four divisions of the landscape industry?
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1) Professionals (LA's) that provide the design/supervisory service
2) Contractors that supply equipment and management skills, employ trades that provide skills and equipment to maintain and build the landscape 3) Manufacturers/growers that provide materias 4) Suppliers that wholesale products to the trades or retail to the general public through garden centers. Maintain industry continuity. |
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What are the trades organizations at the National Level?
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1) CNTA (Canadian Nursery Trades Association) represents landscape trades at federal government level to press for better buisness conditions by providing a variety of printed materials, specs, and a newspaper.
2) Nursery Sod Growers Association |
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What are the trades organizations at the Provincial Level?
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Landscape Ontario Horticultural Trades (LO), BC Landscape and Nursery Association
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What are the four steps in the professional continuum for Architects in Canada?
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Step 1: Education (Professional university program, bachelors or Masters)
Step 2: Internship (Work under a registered landscape architect, complete Architect Internship Program) Step 3: Licensure (Take Architects Registration Examination) Step 4: Continuing Education (Continue professional development through educational programmes, obtain credits) |
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What is the purpose of acts and laws pertaining to the liscensure of landscape architects?
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Protect the safety, health and welfare of the public.
Every state or province, through its laws and statutes a) defines the profession, b) specifies the qualifications required to practice landscape architecture and c) defines the administrative procedures required for licensure (Sharky 1994:50) |
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What are the two categories for the regulation of professions?
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1) Title acts: regulate the use of professional name (architect, engineer, landscape architect) and make it illegal to use the title unless the individual is licensed under and a member of the regulatory body governing that profession. However, one may still perform the work of a landscape architect without a license, so long as they do not call themselves a professional "landscape architect".
b) Practice acts: define the specific activities/behavior of a licensed professional practicing a specific profession. Where these acts exist, it is unqualified individuals to call themselves a landscape architect and to practice the profession. |
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What are the requirements for licensure?
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1) Minimum age requirement;
2) Acceptable moral character; 3) Minimum education requirements; 4) Minimum level of practical experience; 5) Pass a minimum competency examination, and; 6) Payment of registration fees and dues. |
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What is reciprocity of licensure?
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Reciprocity is the exchange of privileges. The profession of landscape architecture is often not confined to the boundaries of a specific jurisdiction. For example, a Toronto landscape architect might be commissioned by a Halifax developer to do a project in Alberta. Reciprocity among jurisdictions can be achieved through agreements that recognize qualified non-members.
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What is CLARB?
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-Formed in 1961, The Council of Landscape Architectural Registration Boards (CLARB) coordinates the enactment of laws to equalize and improve standards for licensure examination.
-Their mission is to foster the public, safety and welfare related to use and protection of natural and built environments affected by landscape architecture. |
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What services does CLARB provide?
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1) Programmes and services that ensure consistency and competency of landscape architects and others involved in making decisions affecting the development/conservation of land by promoting standards/examinations/certificates of competency and conduct.
2) Information/recources to those affected by the practice of landscape architecture thereby ensuring they are well informed regarding the value and benefits of the licensed practice of landscape architecture (CLARB, 2009). 3) Design, preparation, and grading of the Landscape Architect Registration Examination (L.A.R.E) |
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What is ethics?
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The branch of philosophical theory concerned with morality, referring to right and wrong; a concern in alleviating suffering and promoting well-being.
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What is the framework of professional ethics?
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A full continuum of conduct including personal moral standards, professional relationships with the public and wise use and protection of environmental resources.
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What is the significance ethics to a landscape architect?
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-Professionals serve special roles in society and have duties and responsibilities that apply specifically to them. Ethics act to guide landscape architects in discovering their various moral responsibilities (Waluchow, undated).
-A professional's specialized skills and knowlegde give them power, which is why a breach of professional ethics is such a serious matter. |
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What is the Stewardship Principle?
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-A special responsibility on part of the landscape architect to combine their efforts to organize the elements of the earth's surface for human use and enjoyment with a commitment to the protection, preservation and enhancement of environmental resources.
-This requires the landscape architect to look beyond the commercial bottom line and immediate desires of the client. They are a trustee with the long-term care of a vital resource. |
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What are the tenets of the ASLA Code of Environental Ethics?
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1) The health and well-being of biological systems, their integrity to sustain human health.
2) Future generations have a right to the same environmental/ecological assets. 3) Long-term economic survival has a dependence upon the natural environment. 4) Stewardship is essential to maintain healthy environment and quality of life for the earth. (ASLA, 2006) |
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What are a landscape architects general obligations?
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-Improving the condition of the community and society while maintaining the intrinsic values of environmental resources.
-Protecting cultural and historical values of a region or a nation. -Act as a steward to the environment. (Sharky, 1994) |
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What is the landscape architect's obligation to the client?
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-Act on behalf of the client
-There must be a trust relationship -Be honest and truthful -Deliver professional services with competency -Be loyal to the client, except when loyalty may conflict with the professionals self-interest or the interests of third parties. -Discretion and confidentiality. |
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What is the landscape architect's obligation to third parties?
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-Responsibility of the effects of their practice on third parties. For example, in playground design, landscape architect has the ethical duty to see that the equipment is durable, safe, and properly installed to protect the public.
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What is the landscape architect's obligation to their employers/employees?
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-Employees must be honest, practice discretion and obey their employers (as long as their employer's needs are legal and ethical)
-Employers must also be honest and discreet. They should not ask their employees to act in an unlawful/unethical manner. They must be fair to their employees and support their continuing professional development. |
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What is a landscape architect's obligation to the profession?
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-Respect the profession and hold their colleagues in high esteem.
-Social leadership such as public service -Improvement of the profession and professional knowledge through research and reform -Preservation and enhancement of the role of the profession (Bayles, 1999). |
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What is a code of ethics?
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-Standards of behavior expected of the members of a profession and serves to maintain or improve its standing in the eyes of the public.
-Creates a basis of mutual respect and understanding among members while including objectives representing societal values of that membership. |
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What enforces ethical standards for professional groups?
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Loss of membership, sanctions, peer pressure, limited support of the organization's services (Sharky, 1994).
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What are practices detrimental to the profession?
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-Advertising in an undignified manner, in poor taste; in a self-seeking, dishonest or commercial tone
-Claiming false membership -Use of a landscape architect's name in an undertaking which he/she has no role -Accept or undertake work beyond professional capacity. |
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What are practices detrimental to the integrity of employer/employee relationships?
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-Receipt of remuneration in the form of profit on materials or labour
-Land development interests/execution of construction work -Acceptance of compensation from interest other than the client/employer. |
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What are practices that can damage professional relationships?
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-Falsely/maliciously to injure the reputation of another landscape architect
-Securing work on a basis other than competency and experience -Soliciting work of another landscape architect -Inter-professional collaboration detrimental to the reputation of the landscape architect. |
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What is law?
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-"Norm or social standard reinforced with an imperative that requires people to conduct themselves in accordance with its provisions" (Yates et. al, 1993).
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What are the types of law most commonly used in the developed world?
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Common and civil law.
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What is common law?
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-Based upon a collection of decisions over time that was reached in important recorded cases. Judges use this "case law" as a precedent in determining decisions in subsequent cases.
-In addition to this "judge-made" law, legislative and judicial branches have the ability to make laws. |
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What is civil law?
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-Developed in continental Europe, and derived from Roman codes.
-Greater emphasis on codification of law as statutes. |
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What is public law?
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-Deals with the relationship between individuals and institutions and the government (Ex. criminal and constitutional law).
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What is private law?
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Deals with the relationships between individuals.
Important to landscape architecture: -Contract law: rights and obligations individuals have to each other as a result of an agreement or contract. -Tort Law: deals with any actions that is inherently wrong. |
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What is the purpose of legislation?
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-clarification of existing laws
-addressing a percieved "mischief" or "evil" -promoting healthy economic and business conditions -promoting safety, health and welfare of the public. |
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What are the types of legislation that landscape architects need to be most familiar with?
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Environmental protection, public safety, building codes, lien acts, land use control, and design guidelines (Sharky, 1994).
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What jurisdictions over "local works" are most important to landscape architects?
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-builders or construction lien acts;
-buisness organization (partnership/company) acts; -employment acts; -lands title acts; -municipal acts; -planning acts; -property acts; and -professional practice and organization acts. |
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What is a lien?
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A lien is a charge against the title of land that has the effect of blocking a change of ownership so long as the charge exists. In instances where the sale of property is critical, the lien has increased importance.
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What is a builders' lien?
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A charge created by a legislation stipulating that it is not fair for someone to work on or provide materials to a site and then not be paid if the owner turns around and sells the property.
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What can be done to protect owners from suspicious liens?
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The owner can retain holdback funds otherwise payable to a contractor as contingency, so that any disputed claims by the contractor or any subcontractor or material supplier may be exercised against the holdback amount so that the owner can sell the property.
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What services can a design professional lien?
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Only services performed at the site, such as preliminary inventory/analysis or field services.
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What is the purpose of a by-law/regulation?
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-To give practical effect to policies outlined in statutes.
-Facilitate the administration of desirable municipal policies and are enforceable according to the authority of the municipality. -Common examples are zoning and land-use controls, building codes, or design guidelines. |
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What is a contract?
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-A legally enforceable promise.
-The duties and rights of each party are decided by consensus. -A judge must be able to interpret the promise. |
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What must a contract include?
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1)Evidence of consensus;
2)Evidence of mutual commitment/benefit, known as "consideration"; and 3)Sufficient certainty about what is important to allow interpretation by an impartial third party. |
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What is consensus?
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Simple, clear and written statement signed by both parties ad confirming that the parties are in agreement.
Other options include: -"Formal acceptance of offer": one party offers and one accepts -"Showing reasonable reliance" when party A starts work based on party B's instructions. If agreement is unclear, a judge will assume either consensus existed, or no contract existed at all. |
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What is consideration?
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When each party gives something of value to another to demonstrate seriousness of intent.
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What is certainty?
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-A detailed description of who does what, when, and for how much, to be sufficiently certain that future misunderstandings can be resolved by both parties looking at the contract.
-For reasonable certainty, a contract should include scope of work, and as many contingencies as possible, such as changes to scope of work, payment terms and penalties, terminating the contract, terminating one party in favour of a new party, conduct in disputes and lawsuits related to the contract, and a set of rules for administering the contract. |
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Is an oral agreement enforceable?
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Yes- however, if a dispute arises the parties can only present their understanding according to their and sometimes selective memories. The judge/arbitrator must provide decision based on possible misunterstandings and disputed interpretations of their rights and duties. This is why a written agreement is recommended.
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What is a standard form contract?
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-A negotiated contract.
-Used either where one party may have a significant advantage, or where time and common usage constraints render negotiations impractical. -Include insurance policies, rental agreements, mortgages and business loans. |
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What is tort law?
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-Any private or civil wrong causing injury to a person or property.
-Private law -Intentional and unintentional torts |
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What is the area of tort law most often encountered by landscape architects?
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Negligence, protection of public welfare and safety, and issues of liability (Sharky, 1994).
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What is negligence?
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An unintentional breach of a legal duty owed to another that results in legally recognized injury to the other person or property (Metzger et. al, 1988). A breach of duty by a landscape architect may involve careless performance of work or the exercise of poor judgement within the context of practice. The action may be a result of a mistake, misinterpretation of regulations, or a failure to consider critical site information.
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What are examples of negligence torts?
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1) Professional malpractice: mistake on a drawing resulting in injury, such as a poorly designed retaining wall that collapses
2) Negligent retention: landscape architect in charge of office may be aware of employees dangerous practices but does nothing about it, resulting in harm to a third party. 3) Negligent failure to warn: landscape architect aware of dangerous feature of their design but fails to warn the client or other users. 4) Accidents as a result of improper maintenance on the business premises. |
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What happens in the event of a third party injury due to a landscape architects design?
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If the landscape architect is proven to be negligent, and injury occurs, then there is a case of liability and the landscape architect is responsible for paying damages to the injured person.
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What is business law?
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The area of law pertaining to business and commercial relationships. A landscape architect must be aware of laws that govern the operation of a business and the employment of staff.
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What is vicarious liability?
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Allows an individual injured by an employee to sue the employer for damages.
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What areas labour legislation are of interest to landscape architects?
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-anti-discrimination;
-minimum requirements for notice of termination, hours of work, or payment of overtime; -minimum wage; -unemployment insurance; and -workers compensation. |
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What are the three forms of property?
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1)Personal property;
2)Real property/Real esate; and 3)Intellectual property (Yates et. al, 1993). |
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What types of property are most important to landscape architects?
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-Real property, as landscape architecture deals with land and landscape architects must work within the context of the legal rights associated with the sites involved on a project.
-Intellectual property, as landscape architecture is a creative profession. |
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What is real property?
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Consists of the land and the buildings attached to the land.
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What are the two categories of interest a person can have on the land?
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1) Fee Simple Estate: A holder of fee simple estate has the right to use property and the right to dispose of or sell it. The owner is free to use the land, adhering to zoning or other governmental ordinances.
2) Leasehold Estate: A more restricted form of ownership and the rights to property are subject to a specified time period. Long-term leaseholds (up to 99 years) allow a developer to make substantial improvements on the land. Short term leaseholds might involve the rental of an apartment by the month. |
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Which restrictions must a landscape architect be aware of?
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-community official plans (zoning, subdivision regulation, design guidelines, site plan control);
-contaminated site regulations; -environmental regulations; -easements and restrictive covenants; -heritage conservation regulations; -mineral acts; -provincial planning acts; -residential tenancy acts and; -water resources and hazards regulations. |
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What are creative work and business interests protected by?
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1) Copyright, patents, trademarks: protect landscape architects who record their ideas in the form of writing, drawings, computer programmes, or design prototypes.
2) Confidentiality: important business information disclosed to an employee by a competitor could result in damages to the employer and subject to legal action to gain restitution. |
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What are administrative tribunals?
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-Alternative systems to administer laws in the face of overburdened court system.
-boards, panels, commisions |
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What administrative tribunals are of interest to landscape architects?
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-annexation boards;
-design panels; -development appeal boards; -environmental appeal boards; -environmental assessment panels; -examination boards; -expropriation boards; -labour relations boards; -planning comissions; -professional discipline boards, and; -workers compensation boards. |
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What does it mean to be liable?
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1) Legally bound, subject to;
2) under obligation to; 3) exposed or open to; or 4) answerable for. |
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What is general business liability?
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Liability pertaining to operation of a business, associated with operating of vehicles, actions of employees, the ownership and maintenance of property, and the execution of contracts. Protection for this liability is most often offered by insurance companies to limit your exposure to financial claims that could jeopardize the firm.
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Why might a professional firm choose to form a limited liability company?
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They serve to limit liability to the company and protect the individual owners from direct exposure to the costs associated with liability litigation.
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What type of practice is most exposed to general business liability?
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Design/build firms, as their scope of work is larger and bears more responsibility than a design firm.
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What is professional liability?
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Professionals are liable for the work they perform. Liability is a form of obligation that can result in legal consequences. Landscape architects design and plan environments used by the public. With this service comes a responsibility to meet the client's expectations and not harm the public.
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What is duty of care?
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The responsibility and expectation of all people to exercise an acceptable standard of care in the conduct of their normal activities that involve others. In the case of a landscape architect, their duty is much higher than that of the general public.
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What is "Professional Standard of Care"
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The exceptionally high duty of care required by a professional. (Farineli et al, 1989).Failure to meet these standards results in legal action.
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What is professional negligence?
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A landscape architect is negligent when he or she fails to exercise the degree of care that could reasonably be expected of other landscape architects under similar circumstances. The most common claims made are a) falls on even ground, b) defective design, and c) accidents on play equipment (McLennan, 1998).
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What four elements of negligence must be proven before an aggrieved party may be compensated?
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The court must prove that the landscape architect:
1) was the person legally recognized as having duty for the particular matter of concern; 2) was provided an inferior service; 3) was the cause of the problem; 4) performed in a manner resulting in measurable injury or damage. |
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How may a grievance resulting from professional negligence be resolved?
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Arbitration: the establishment of an impartial individual or panel of experts to determine the grounds for settlement of disputes.
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How is the arbitration process carried out?
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-Incorporated into the main contract and comes into effect if informal negotiations (mediation) fail in resolving the dispute.
-A hearing is held that allows each party to present their position in regard to the issue. -The arbitrator then determines a resolution of the dispute. -More often used in simple disagreements, as opposed to liability involving negligence. |
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What is professional liability insurance alternatively known as?
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"Errors and omissions insurance"
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What is the definition of professional liability insurance?
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It is designed to cover a landscape architect from damages he or she may be required to pay as a result of professional negligence (errors and omissions).
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What are the benefits of professional liability insurance coverage?
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-Asset protection
-Insurer defends the professional with appropriate counsel that has the expertise to investigate the claim, negotiate a settlement, or carry the case to conclusion in the courts. -protection when lawsuits are a result of another person's actions -defense against frivolous claims -enhancement of professional image -improved business opportunities by ensuring eligibility for work requiring evidence of insurance. |
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What does professional liability insurance cover?
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1) Third party claims for bodily injury, property damage, personal injury and resultant loss
2) Legal defense costs. |
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What is excluded from professional liability insurance?
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Intentional torts, claims arising out of insolvency, failure to complete drawings on time, expressed warranties or guarantees, cost estimates being exceeded, performance of services not customary or within the abilities of a landscape architect.
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What are the limits to professional liability coverage?
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1) Per loss limit: value of an individual claim that the insurer will cover.
2) Aggregate loss limit: value of claims during a policy period that will be covered. |
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How soon must an insurer be informed of a claim/civil action?
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Immediately. The insured must comply with policy terms and allow time for properly prepared defense.
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What is the statute of limitations?
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Specified time in which the injured party must make legal claim against another party. If the time has expired, the claim will not be valid.
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What is the role of a defense counsel?
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Once a claim is filed, a counsel or lawyer must be engaged to investigate the case and prepare a defense. It is advised that the counsel is experienced in the field.
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What is the best defense against tort liability?
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Tort liability is difficult to protect against. The best defense is good design and contract management.
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How can contract liability be managed?
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Through good administration of agreements. Landscape architects must also not assume more liability under a contract than would normally be expected of a professional. To do so could void their liability insurance.
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What role to business records serve?
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-Business records (telephone logs, memorandums, email communications, fax records, minutes of meetings including decisions made by the client, field reports) are an essential line of defense in documenting the firms standard of care.
-These records are invaluable if/when you are called to testify in your own defense in a case of professional liability. |
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What quality control measures must landscape architects follow?
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1) Do not undertake work that is beyond your professional capability;
2) Ensure that your subconsultants and contractors act according to the contract and/or specifications in a timely and consistent manner; 3) Do not do things that you are not contractually obligated to do; 4) Do not use oral contracts; 5) Do not release contract documents prior to careful review (Karner et al, 1990). |
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What are the various components of design management?
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1) Office management;
2) financial management; 3) client relations; 4) marketing; 5) project management; 6) contract administation. |
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What are the four disciplines of professional practice in a design office?
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1) project design;
2) production of contract documents; 3) project management; 4) office administration, including management of human resources, finances, marketing and client relations. |
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What are the three forms of business structures?
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1) Sole proprietorship- landscape architect is sole owner and makes all business decisions; is entitled to all profits; responsible for all work produced in the office;
2) Partnership- two or more proprietors pool their talents and carry out business; responsibilities, assets and entitlements shared among the partners; 3) Corporation- "most common and important" (Yates, 1993); seperate entity is created formed by shareholder(s); shareholders may elect directors of the company; have authority to make all decisions; dividends mat be declared from profits for distribution to shareholders; corporation may borrow to hire, operate, and hold assets. |
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How are practice styles oriented?
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By 1) efficiency, 2) service, and 3) innovation (Kanderlan, 1991).
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What is the Type A organizational category?
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A business with a rational, hard and autocratic style. Formally structured. Landscape architect calls all the shots.
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What is the Type B organizational category?
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Intuitive, informal, soft, facilitative. Relies on shared values, teamwork and open lines of communication.
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What does business planning include?
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Establishment of 1) a vision, 2) a strategic plan, and 3) a business plan for the organization.
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What is the purpose of developing a business plan for landscape architectural practice?
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The plan will provide a basis for making decisions, a framework documenting shared values and approaches to business, the establishment of the focus of the practice, the development of basic tools for the management and marketing of services for the firm, a method for evaluation of success and a continuing planning process.
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What are the four steps of strategic planning?
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1) Visioning
2) strategic assessment 3) business plan development 4) evaluation |
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What is a business plan?
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-Establishes overall direction for a firm for one a 1 to 3 year period.
-May be developed to guide start-up of new business or continually revised for application to existing firm. |
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The key elements of a business plan are...
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...1)Vision statement defining services to be offered;
2) strategies for targeting markets, positioning the firm in the marketplace, external communications, client services, fees and sales; 3) office structure outlining how the firm will be organized in the employees hired, management staff, reporting structure and plans for growth; 4) marketing plan outlining market area, promotional media, market niches/target; 5) financial plan providing bottom line projections for the first business year and the period succeeding it. |
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When should an evaluation of a business plan be done?
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At the end of the plan period, to determine whether projections have been met. Results will govern planning the next period in the plan.
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What are the three management systems of landscape architecture firms?
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1) Financial management (billing, budgets, annual statements, tax returns, etc. Team effort or accountant);
2) human resources management; and 3) records management |
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What are the components of an office manual?
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1) Mission statement
2) Office organization 3) Office and human resources policies 4) Standards of performance 5) Hours of operation 6) Rates for reimbursements |
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What are the 9 P's of Marketing a consulting service?
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1) Packaging: establishing image of firm (graphics, text, decor)
2) Promotion: programs that target potential clients/generate awareness 3) Place: location that best serves client base 4) Price: fee structure related to competition 5) People: Clients and staff quality 6) Professionalism: ethical practice 7) Positioning: market niche and target market perception 8) Product: services offered to the client. Quality and track record serve company reputation. 9) Planning: conscious decision making. (Greenbaum, 1990) |
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What are the requirements for successful marketing?
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1) Finding suitable prospective clients
2) Understanding needs and certainties of those prospects and creating a commission strategy 3) Having the capacity to service client needs 4) Convincing the client you understand and can solve their problem 5) Doing the job to the client's satisfaction. |
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What are the components of a marking plan?
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1) Objective (goals)
2) Organization (responsibilities) 3) Market Budgeting 4) Strategy (network to obtain information on potential projects, establish leads, joint ventures, etc.) |
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What does an RFP contain?
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The RFP describes the project and required program elements, the schedule for the work, type of expertise required, consultant selection process, and possible special requirements.
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A prospective client issues an RFP and you, the landscape architect wish to prepare a proposal. In developing a proposal, what must a landscape architect have a clear assessment of?
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1) client's needs and expectations;
2) range of landscape development costs of project; 3) site opportunities and constraints; 4) clients development program; 5) amount of processing or approvals by agency involved; 6) internal office capabilities to carry out the project; 7) clear understanding of the scope of professional services required; 8) type and amount of fee charged for professional services. |
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What is the standard proposal format?
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-letter of transmittal;
-introduction; -project objectives; -scope of services; -method/approach; -scheduling; -personnel; -firm qualifications; -estimate of fees and expenses. |
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What are the five steps leading to the formal contract?
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1) RFP;
2) proposal development; 3) offer; 4) acceptance by the client; 5) agreement/contract for professional services. |
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What does a company require financially to stay afloat?
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"Staying in business requires enough revenue to cover the cost of operating and maintaining at least a break-even financial condition in which expenses do not exceed income over a given period" (Rogers, 1997).
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What forms do finances take?
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Cash as equity, or debt financing. Most offices use a combination of the two.
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What options are available for equity financing?
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1) Sweat equity: where firm principals/major shareholders forgo their salaries to build financial resources.
2) Personal savings 3) Donations from family and friends 4) Partners may spread financial load 5) Venture capital investors 6) Landscape architect's current employer may be interested in a branch office. (Rogers, 1997) |
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What other options are available for debt financing? (Borrowing)
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1) Short term (used for operating capital) and long term (3-5 years, regular payments until loan is repaid) commercial loans
2) Mortgages 3) Personal loans from individuals or financial institutions 4) Non-commercial loans from family and friends 5) Line of credit 6) Leasing required assets (vehicles, office equipment) 7) Government-backed loans for small business start-ups |
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What are examples of start-up costs?
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-office space
-office equipment -office supplies -operating expenses -utility costs -taxes and licenses -vehicle/transportation costs -insurance -salaries/benefits -sub-consultants, legal + accounting. |
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What are revenues for a landscape architectural office?
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The primary sources of income for a landscape architectural office are fees for consulting services that include overhead costs and recoverable project expenses.
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What is cash flow?
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The expenses that a firm will pay and the revenues that will be received within a given period.
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What is accounts receivable?
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A report that shows all outstanding invoices that have been sent to clients.
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What is an aged accounts receivable?
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Indicates how overdue specific accounts may be.
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What are accounts payable?
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Bills that the firm currently owes.
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What are project status reports?
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Staff time sheets/other data that can provide the status of each office project and a forecast of profitability.
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What are new contracts projections?
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An estimate of future work and the potential future revenue to be generated.
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What is an income statement?
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Also called the profit and loss statement, it summarizes revenues and expenses over a given period of time. Prepared quarterly and at year-end. Reflects gross and net income of the firm and is used in calculating income taxes.
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What are the categories of expenses?
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1) Overhead expenses:all fixed costs associated with establishing and running the business- rent, utilities, etc.
2) Payroll expenses: expenses associated with personnel, including salaries and benefits. 3) Direct expenses: related specifically to the project work of the firm (transportation, long distance phone calls, couriers). |
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What is a balance sheet?
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A statement of assets, liabilities, and owners equity at a specific point in time, such as the end of the fiscal year. Data is presented as long term and short term assets and liabilities.
Owners equity plus liabilities is equal to assets. |
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What two assessments are used by financial institutions to determine whether to make or extend credit to landscape architecture firms?
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1) Current ratio: based on data from the balance sheet, consisting of ratio between current assets and liabilities. 2:1 is considered normal. 1:1 is considered marginal. The ratio is used in assessing whether to extend or expand a business' line of credit.
2) Aging of Accounts Receivable: A profile that shows the age of all outstanding invoices displaying firm's ability to meet current/projected monthly expenses. |
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What are the objectives of project management?
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1) Identifying the clients needs;
2) achieving the design objectives; 3) completing the project on budget; 4) completing the project on time; 5) maintaining the project within the agreed upon scope; 6) using resources efficiently and effectively. |
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What are the responsibilities of a project manager?
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-to ensure the project is successfully completed;
-to assist the office in producing the best possible design work; -to help keep the office out of trouble; -to make a profit on every job. May also be a designer, or in small offices, the principal of the firm. |
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What are the specific duties of a project manager?
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Contracts:
-prepares service contract between owner and landscape architect; -assists with construction contract; -prepares subconsultant contracts Planning: -prepares master scheduling and sets deadlines for various work; -prepares budgets Management: -schedules regular meetings to coordinate all aspects of work; -attends major presentations and monitors progress; -prepares/reviews meeting minutes and field reports; -coordinates billing; -manages construction contract; -directs deployment of office resources; -ensures contract provisions are not deviated from. |
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What are the phases of a project life cycle?
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1) Design:
a)Project Initiation by owner b)Landscape architect prepares proposal c)Develop design services contract d)Design development and approvals e)Complete working drawings, specifications and tender documents ↓ 2) Construction a) Tendering process b)Construction contract management (acceptance of work, change orders, payments, testing) c)Field services ↓ 3) Post-completion a)Post construction maintenance/warranty period b)Post completion/office closeout and evaluation |
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What happens in the project initiation stage?
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-Based on needs of agency.
-Private sector may require preliminary research such as feasibility studies. -Public sector may require public input/approval -Finding a consultant through an RFP or a referral. -Project scope and budget determined. |
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What happens in the project proposal stage?
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-landscape architect prepares repsonse to RFP, outlining design approach, personnel, management model, schedules, fees, etc.
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What happens in the design development phase?
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-landscape architect examines qualities of the site and other relevent data, analyzes the information and client programme;
-corresponds with client and public before approval on a preferred concept for final design; -approval from municipality/governmental agency. |
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What happens in the contract documentation stage?
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-Completion of construction documents including working drawings and specifications. A tender package is prepared including all necessary contract documents for tendering and construction.
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What happens during the tender process?
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-Invitation for contractors to bid;
-review of tenders; -making recommendation to the client on awarding the contract; -successful bidder signs contract with the owner, committing to perform work as per contract documents. |
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What happens during the construction administration and field services stages?
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-Issue notice to the contractor to proceed with work within specified time;
-review and approve equipment, materials, shop drawings submitted; -conduct periodic site observations; -determine acceptance of work based on design intent and contract documents; -review and approve progress payments to the contractor; -conduct project closeout with a series of final inspections; and -issue notice of final acceptance and payment to the contractor. |
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What happens during the post-construction phase?
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-Immediately follows construction competion;
-warranty of the materials and workmanship for a period specified by the contract; -maintenance period: time that the contractor is responsible for the upkeep of the site; -landscape architect may provide observation. |
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What is a work plan?
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-Developed after the services contract has been signed and the scope of services agreed to by client;
-provides a tool for planning what must be done to complete the project, including estimates of resource requirements, task duration, and costs. |
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What are the six levels of a work plan?
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1) total programme;
2) project; 3) task; 4) sub-task; 5) work package; and 6) level-of-effort -The total programme summarizes magnitude of project; total project may be housing development but the landscape plan is the project; -tasks are major work components -sub-tasks and work pages are further refined and broken down task sets if required; -level of effort provides estimates of time and costs. |
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What is the purpose of scheduling?
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To establish time limits for various tasks that are consistent with available budgets, to set out the sequence of work, and to identify the interrelationships among the tasks.
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What are the types of schedules?
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1) Lists;
2) bar charts; 3) networks. |
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What is a list schedule?
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A simple list or chart that sets out each task and sub-task and the established due dates. Useful for small projects.
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What is a bar chart schedule?
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-Also the Gantt chart- one of the earliest known method of scheduling.
-graphic and easy to develop; -list of tasks and lines/bars that indicate period in which task is to be completed; -often used in proposals and project management; -may be wall-sized for reference. |
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What is a network schedule?
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-Develops the key relationships among tasks and provides an accurate forecast for the timing of completion of project when changes and delays occur;
-two types: PERT (performance, evaluation, review technique), and CPM (Critical Path Method). |
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What is the Critical Path Method (CPM)?
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-Critical: a word applied to any task that must be completed by a specific time, where failure to meet the milestone date will result in the completion date slipping forward. The critical path is the longest time path through a project network and indicates the earliest date on which the work can be completed.
-Events: beginning and ending points of tasks, denoted by a circle. - Milestone: event or date of significance within project. May be end of major task or series of tasks. -Task/Activity: work to be scheduled that consumes time and other resources. |
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What are the two types of networking methods?
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1) task-on-arrow;
2) task-on-node. |
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What is the task-on-arrow method?
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-Event oriented;
-arrows indicate workflow and relationships among tasks and circles to indicate event numbers. |
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What is the task-on-node method?
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-Task oriented;
-indicates the task in boxes, and the arrow indicate flow and relationships; -the events are implied. |
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What are the steps for developing a project CPM?
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1) Identify all tasks chronologically and required time;
2) Identify relationships among various tasks; 3) Identify critical tasks that have a direct effect on the date of completion; 4) Combine task scheduling and relationships as developed in step 1 and 2 in a graphic network. |
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What are the three types of relationships among project tasks?
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1) Task 1 must be completed before task 2 can begin;
2) Task 1 must be partially completed before task 2 can begin; 3) Task 1 must be completed before task to can be completed. |
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What is project control?
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-Involves comparing progress against a proposed work plan and established scheduling;
-monitoring and taking corrective action when deviations occur. |
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What are the four elements necessary for an effective project control program?
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1) Performance plan: Work quantified as task description, duration and quality;
2) Monitoring actual performance: Performance measured at established intervals (daily, weekly, etc.) according to project requirements. Performance is measured by reviewing time expended, costs incurred, and quality of work. 3) Comparing actual and planned performance 4) Adjusting as required (Lewis, 1993) |
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What are the four dimensions of measuring project progress applied in a design firm?
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1) Time;
2) schedule; 3) costs; 4) quality. |
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What are the major factors of a project to be observed/monitored?
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-time budgets;
-cost budgets; -conformance to schedule; -critical task delays; -forecasting; -task completeness; -task output quality. |
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What is the purpose of a project monitoring spreadsheet?
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To identify variances from the work plan. The reporting method can vary depending on project complexity.
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What must be done when the project is off schedule?
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The project manager must determine what has contributed to the problem.
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What must be done when delays in the project are beyond the control of the landscape architect, such as when a client is slow in decision-making?
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Advise the client of risk of delays.
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What must be done when a staff member is assigned to a task in which they are inexperienced?
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Authorize overtime.
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What must be done when a delay is not attributable to any single problem?
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Call a staff meeting of key personnel to reach a consensus on strategy moving forward.
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What must be done when the client increases the project scope, putting the project over budget, without changing the service contract?
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Suggest that the contract be negotiated with the client to cover the expansion, or curtail staff efforts outside agreed upon scope of services.
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What must be done when negotiated fees are too low to provide adequate time to produce the work?
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Advise staff on ways to increase efficiency, or perhaps renegotiate the contract. If this is a project of importance, it may be advisable to continue with project and absorb potential losses.
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What must be done when a large office workload causes problematic changes in project personnel?
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Hold a meeting to negotiate changes in staff assignments and adjustments to the work plan for the future phases of the project.
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What must be done when a preliminary design is rejected by the client, or the project manager decides that the design is not ready to show the client?
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The landscape architect must strive to maintain their reputation of providing satisfactory work. The best solution is preventative medicine- regular reviews, thorough communication, well educated and well supervised staff are necessary for quality.
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What is a contract?
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1) A written or spoken agreement, enforceable by law;
2) a document regarding the agreement; or 3) an arrangement for work to be done under contract. |
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What are the five elements of a contract making it enforceable by law?
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-Agreement;
-competent parties; -consideration; -lawful purpose; -form (written or oral). |
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What is a breach of contract?
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A contract is breached if one of the parties fails to perform according to the terms of the contract.
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What are standard forms?
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Standard contract forms that professional and construction associations develop to assist their members. These documents are copyrighted and may not be photocopied, but are available at a nominal cost. Common sources for standard forms are the Canadian Construction Documents Committee (CCDC), the Construction Specifications Institute (CSI), Engineers Canada (EC).
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What are standard rules of interpretation?
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-Determine how a judge or arbitrator must interpret intent related to the express terms of a contract in times of a dispute.
-The priority level of interpretation is 1) the agreement, 2) addenda or changes to the contract, 3) special conditions within the contract, 4) supplementary conditions, 5) general conditions, 6) the drawings and specifications. |
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What is an unenforceable contract?
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An element or execution of a contract that is illegal or impossible and may cause the contract to be unenforceable, for example, scheduling for completion of the work before the contract has ben executed.
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What makes a contract void?
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When one or more elements required to bind a contract is missing.
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What are the two types of contracts used in the landscape architecture industry?
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1) Service contracts;
2) construction contracts. |
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What are the four types of service contracts?
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1) Oral agreements: simple to create, but difficult to enforce in the face of disputes. They are best used in projects with small budgets.
2) Letter agreements: informal agreements in letter format. Sets forth major terms in a friendly way, mostly between landscape architects and homeowners, or when the landscape architect is serving as a consultant to other professionals. Good for small projects. One-sided. 3) Standard contracts: provided by clients/professional bodies/the landscape architecture firm outlining project-specific conditions. They are comprehensive, with interest to both parties. 4) Custom agreements: developed specifically for a given project that varies from standard format. Well-tailored, but time consuming to create. |
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What do standard form contracts include?
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-The agreement;
-project description and scope of work; -scope of the landscape architect's services; -the landscape architect's responsibilities; -the owner's responsibilities; -basis for compensation; -use of drawings, specifications and other documents; -arbitration; -termination, suspension or abandonment of work; -terms and conditions; -signature line; -client developed contracts; -landscape architect developed contracts. |
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What are the three methods of establishing project fees?
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1) Percentage of Cost of Construction Expenses:
-fee is calculated as a percentage of the total cost of building the project; -done on a sliding scale with larger budget projects charged at a lower percentage. 2) Fixed Fee or Hourly to a Fixed Fee: -if scope of services is clearly known, the landscape architect may work on a fixed amount that is carefully estimated based on projected hourly rates; -disbursements or expenses charged in addition to the fee on an at-cost basis or at-cost plus percentage basis for administration. |
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What are important considerations in developing contracts with subconsultants?
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-the subconsultant should be bound to the same terms as the prime consultant;
-they must provide proof of insurance including professional liability insurance; -statement of conditions of timing of payments to the subconsultant following payment to the prime consultant; -statement of conditions related to prohibiting changes by others to documents prepared by subconsultant; -inclusion of mutual indemnification provision except for damages resulting from their own negligence. |
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What elements are included in an employer/employee contract?
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1) Salary/hourly wage;
2) term of employment; 3) the fact that employers may terminate the employee's employment with or without cause; 4) a statement that the employee is familiar with firm policies; 5) a signature line for the employee and a principal or partner in the employer firm. |
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What is the order of contract award from the RFP stage?
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1) RFP
↓ 2) Proposal ↓ 3) Offer ↓ 4) Acceptance ↓ 5) Contract ↓ ↓ ↓ *A potential negotiation period to reach consensus on all terms and conditions of the work* |
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Who is the construction contract between?
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The owner/client and a contractor.
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What are the three forms of construction contracting?
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-By construction management (manager hired by owner to serve as general contractor)
-by design/build (both design and construction services); or -by force account (owner acts as general contractor and hires construction workers directly- best for small jobs). |
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What are the primary elements in a construction contract?
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-The agreement;
-the general conditions; -drawings; -specifications; -addenda; -contract modification. |
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From where does the contractor base their tender for the project?
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The drawings and specifications, as they work together to communicate the design intent.
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If there is conflict between the drawings and specifications...
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...the specifications take precedent over the drawings.
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What are typical working drawings?
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1) Grading plan: establishes grades for all buildings, roads, retaining walls, outside steps, ramps and surface and subsurface drainage structures.
2) Layout plan: locates accurately and dimensions all buildings, walks, roads, parking areas, planting areas, and all other landscape site elements. 3) Planting plan: locates/identifies plants to be used and existing plants to be preserved or removed. 4) Construction details: plans, sections and elevations of individual site elements. |
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What are descriptive specifications?
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-Describe in a logical and thorough manner the materials needed and methods for their installation;
-outlines standards for workmanship used for installing each specified item. (Sharky, 1994) |
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What are performance specifications?
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-Used in situations where the design intent is to replicate existing conditions (remodeling, restoration, phased construction of pre-existing building conditions);
-focuses on describing end result and method of verifying standards for accepting these results; -contractor may select materials. (Sharky, 1994) |
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What are proprietary specifications?
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-Prepared by manufacturer of the materials, supplies, and equipment to be used on a project;
-either incorporated in total into the project specifications or rewritten and adapted to a format parallel to project specifications; -may be incorporated by reference- requires that copies of the manufacturers specifications are readily available to ensure that competitive bidding is achieved. (Sharky, 1994) |
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What are reference specifications?
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-Standard specifications prepared by many governmental/non-governmental agencies nationally certified testing labs, and professional institutions;
-contain descriptions of standardized materials, execution techniques and testing procedures. (Sharky, 1994) |
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What is tendering?
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-The process of obtaining bids from contractors;
-to make an offer of services; -a written offer to execute work or supply goods at a specific price; -tender documents are in addition to contract documents and are developed to manage the bidding process. |
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What is the order of the tender process?
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-Working drawings and specifications are sent out to tender through a public tender call, or invited tenders, for a period of time specified by the client;
-upon receipt of tenders the landscape architect assist client by reviewing and analyzing the tenders; -landscape architect makes recommendation on the selection of successful tender, and assists in preparation for final documents for the award of contract. |
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What is NMS?
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-National Master Specification: a tool used to simplify specification writing;
-jointly produced by public and private sectors and applies to architectural, engineering and landscape architectural construction; -provides accumulated expertise on specifications, contract documents and construction technology; -clear, precise and detailed language; -protect landscape architect in defending the specification in the event of a problem; -32 divisions total; -NMS "Pro" Package holds divisions directly pertaining to landscape architectural construction. |
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NMS Division 00
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Procurement and Contracting Requirements
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NMS Division 01
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General Requirements
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NMS Division 2
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Existing Conditions
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NMS Division 3
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Concrete
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NMS Division 4
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Masonry
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NMS Division 5
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Metals
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NMS Division 6
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Wood, Plastics and Composites
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NMS Division 7
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Thermal and Moisture Protection
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NMS Division 8
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Openings
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NMS Division 9
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Finishes
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NMS Division 10
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Specialities
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NMS Division 11
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Equipment
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NMS Division 26
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Electrical
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NMS Division 31
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Earthwork
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NMS Division 32
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Exterior Improvements
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NMS Division 33
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Utilities
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NMS Division 34
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Transportation
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NMS Division 35
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Waterway and Marine Construction
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NMS Performance Section G1010
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Site Clearing
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NMS Performance Section G1020
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Site Demolition and Relocation
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NMS Performance Section G1030
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Site Earthwork
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NMS Performance Section G2010
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Roadways
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NMS Performance Section G2020
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Parking Lot
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NMS Performance Section G2030
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Pedestrian Paving
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NMS Performance Section G2040
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Site Development
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NMS Performance Section G2050
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Landscaping
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What is contract administration?
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-Concerned with obtaining the best product or performance at the most advantageous price for the owner;
-involves established set of procedures that are applied to the administration of project implementation; -key participants are the landscape architect, the owner and the contractor. |
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What are the roles of the landscape architect in implementation of construction contract?
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-Act only in the client's best interest;
-keep the client informed and seek concurrence of agreement for all agency decisions; -act only within the agency powers provided for under contract terms; -do not act illegally or immorally; -do not act to further personal gains; -avoid actions that might bind the client to detrimental consequences. |
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What are the roles of the landscape architect as the construction administrator (CA)?
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1) Observing progress of work and conformance to schedules;
2) evaluating the adequacy of materials and workmanship; 3) resolving conflicts involving interpretation of contract documents; 4) project cost control. |
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What are the management areas the landscape architect as CA is responsible for?
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-Tendering process;
-project construction administration; -field administration; -review of contractor applications; -project closeout; and -administration of warranty and maintenance periods. |
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What are the roles of the owner in implementation of construction contract?
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-Meet conditions of the contract including making necessary payments to the contractor, providing relevant site information, obtaining specified approvals and making available contract documents for construction.
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What are the roles of the contractor in implementation of construction contract?
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-Meet terms and conditions of the contract;
-supply and installation of work; -obtain necessary permits; -pay fees; -report errors, inconsistencies, or omissions in contract documents; -verify field measurements and site conditions; -conduct project layout; -provide appropriate observation and supervision; -employ superintent; -submit drawings, samples, etc; -assume liability for work and injuries. |
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What are the three phases of contract administration?
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1) Tendering period;
2) construction period; 3) post construction period. |
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What four factors govern the tender administration process for the landscape architect?
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1) Confidentiality
-protect information relative to client's interest; -make public bid information only after award has been made. 2) Fairness -treat all bidders equally; -no favouritism. 3) Timeliness -follow all established schedules. 4) Government procurement regulations -be aware of and adhere to governmental regulation. |
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What do tender documents typically include?
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-Invitation to bidders;
-instructions to bidders; -bid forms; -bid bond form; -addenda + additional information. |
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Where are tenders advertised and what is included?
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Tender advertisements are placed in trade magazines, newspapers as requested by owner, to alert potential bidders about the project.
Included in the advertisement: -name/location of project; -name/address of owner and landscape architect; -date/time/location that bids are due; -nature, scope, description of project; -if the bids will be opened and read publicly; -where, how and the cost to obtain tender package; -names and locations of places where the tender package is available for inspection; -procedure for submitting bids; -type/amount of bid security; -whether or not the owner has the right to wave formalities in the tendering process; -basis of bid rejection. |
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What are key considerations in contractor qualifications?
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-Interest in the project;
-current workload; -bonding capacity; -availability of material and labour; -references. |
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What happens in a public tender opening?
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-Tenders are to be delivered at a specified date, time and location;
-bids are opened in presence of all interested parties; -following verification of bid requirements, the CA will announce the results; -protects lowest bidder; -provides other bidders information on the competitiveness of their bids; -expression of good will; -CA prepares bid summary for owner. |
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What happens in a private tender opening?
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-Owner may have reserved the right to recieve bids over a period of time, negotiate with a bidder over price, or reject any and all bids;
-landscape architect must act as fairly as possible; -important to advise bidders in original tender package of conditions to be followed at closing of tender process. |
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What is the order of evaluation and recommendation for tender award?
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1) ANALYSIS of bonds and bid price
↓ 2) RECOMMENDATION to client from landscape architect ↓ 3) AWARD of contract through notice of award and preparation of finalized contract documents ↓ Required information ↓ Detailed cost breakdown ↓ CONTRACT |
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What bonds does the contractor submit for tender?
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1) Bid bond (5% of bid);
2) performance bond (full value of contract); 3) labour and materials bond. 4) Other additional proof such as WSIB or Ministry of Labour registration certificate. |
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How is the successful bidder notified of contract award?
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-Through a letter of intent stating owners' plans to enter into contract;
-owner will advise that all bids will remain available for acceptance for a period of time in the event the successful bidder doesn't sign contract. |
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What must be done before contract is signed?
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-All deposits returned to other bidders;
-contractor must provide evidence of required insurance, list of subcontractors for approval and a detailed cost breakdown to facilitate progress payments during construction period. |
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What major activities take place during the construction period?
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-Startup meeting;
-scheduling/coordination; -review of submittals; -field administration; -changes to the contract; -applications for payment; -completion. |
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What is the start-up meeting and who attends?
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-Prior to commencement of construction, CA will advise contractor of the agreed-upon start date and call a meeting to discuss the administration process, responsibilities of parties and scheduling;
-Attendees: representatives from owners, contractors and landscape architect's firm; subconsultants, representatives from the local jurisdiction or from utility companies. |
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What are typical contractor submittals?
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-Shop drawings;
-product data and samples; -measurement data; -manuals/instructions. |
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What is field observation?
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-The CA schedules site visits on a regular basis to observe construction progress and meet with contractor's representative responsible for managing the job.
-visits may be made to inspect materials following delivery, observe systems testing, determine the level of completion or respond if a problem arises. |
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What key information do field reports record?
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-Project name and number;
-date and time of visit; -name of contractor and owner; -record of those present and their responsibility; -observations made; -actions recommended; -distribution of report; -signature of report author. |
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What are common site observations made in the field?
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-Site ground conditions;
-work observed including status; -construction problems; -specific delays in work and reasons; -materials delivered to site; -equipment delivered to site; -observed deficiencies; -disagreements among parties concerned; -describe work in progress not approved; -record communication from owner to contractor related to site visit. |
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What visits are considered "special visits?"
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1) Approving staking;
2) approving supplied plant materials; 3) review of limits of work or scope of environmental protection; 4) approving equipment delivered. |
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What options are available for action based on acceptability of work?
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1) Accept;
2) reject nonconforming work; 3) stop work. (Sharky, 1994) |
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What are grounds to reject work?
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-Inferior workmanship;
-materials or equipment not conforming to specifications; -improper interpretation of construction documents. |
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What are common tests used in the contracting process?
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1) Soil tests;
2) pavement testing; 3) testing of fill materials; 4) irrigation system tests for pressure and leaks. |
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What are the grounds for a stop work order?
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-If the issue cannot be corrected by the contractor;
-provides oppurtunity to evaluate and correct problem before advancing in construction; -must be in writing and outlines reasons and steps to correct problem; -a resume work order must then be written and approved. |
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Why must the CA be able to access all work?
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The CA must be able to access work in cases where they suspect nonconforming work or require further testing or uncovering of buried elements for inspection.
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When may changes to the contract be necessitated?
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1) When changes are proposed by the contractor to improve construction methods, respond to site conditions or to expedite work schedule;
2) owner requests aspects of the project be modified; 3) contractor requests formal clarification of contract documents; 4) landscape architects proposed solution to a problem is observed in the field. |
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What is in an RFP for a contract change?
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When a change is accepted as having merit, the CA submits an RFP describing the contract modification in full detail and includes necessary drawings, specifications, etc. and is then issued to all concerned parties. A response is due within a specified time period.
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When is a contract proposal required?
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-When an increase/decrease in the project cost/schedule results from a change;
-once received by the CA, the proposal is evaluated and may either be accepted as submitted or negotiated; -after review and acceptance, a change order is made that documents the change and authorizes new contract amount. |
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What are progress payments based on?
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The calculation of:
1) work accepted; 2) percentage completion based on quantities of materials or work in place; 3) materials delivered to the site; 4) equipment delivered to the site. |
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How much are holdbacks?
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5-10% of progress payments.
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What are the stages of project completion?
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1) Substantial performance:
-97% of work completed; -date scheduled for inspection; -list of deficiencies (punch list). ↓ 2) Acceptance -45 days after substantial completion; -date of second site inspection; -preliminary acceptance. ↓ 3) Final acceptance -final punch list developed; -site inspected; -if project is acceptable, contractor will apply for final payment; -if not acceptable, new punch list is created and process repeats. ↓ 4) Final payment -holdbacks will not be released until contractor provides certification that all material, equipment and labour costs have been paid. |
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How long does the certifier have to submit a certificate of substantial completion?
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If a project is 97% complete, a certifier has 7 days to submit the certificate of substantial completion before being held personally liable.
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What must the contractor do upon receipt of the certificate of substantial completion?
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-Submit for publication in an approved trade newspaper within 7 days of recieving it.
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How many days are there to register for or preserve a lien after publication date of certificate of substantial completion?
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-45 days;
-if there is no publication, the 45-day lien period would start from the date that the project is deemed complete or abandoned. |
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When is a project deemed complete?
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When the remainder of the work and/or correction of known defects can be completed for 1% of the total contract price or $1000.00.
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When can the perfecting of the lien begin?
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Perfecting the lien starts the court action. The perfecting of the lien can be done within the 45 days immediately following expiry of the first 45-day lien period.
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What is "Splitting off Sensitive Work" and when can it be done?
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Landscape work can be deferred if other parts of a project are substantially complete and ready for their intended use. The time-sensitive work/supplies will be deducted from the total contract price and the rest of the contract can be certified substantially completed for that value. The remainder of work will be completed at a later date.
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What are the CA's responsibilities during a project's maintenance and warranty period?
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Observe and inspect site maintenance and product warranty procedures as outlined in contract, similar to responsibilities in construction phase.
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