Section 1

Front 1

Escrow estimate

Back 1

A sealed copy of the estimate shortly (whiting a day) after the bid opening. Not viewed by the owner unless it is necessary to resolve disputes. It demonstrates the strategy uses to prepare an estimate. It can be cumbersome, not common

Front 2

Reverse Auction Bidding

Back 2

An Internet based bidding process. Contractors are required to use a prescribed website to submit their bids. It allows all bidders to see their competitors total bid prices, without seeing the identiy of the bidders. A contractor can submit more than one bid.

Front 3

Statutes

Back 3

a written law passed by a legislative body/ organization

Front 4

Mistakes of facts

Back 4

Grounds for relieving the bidder of any further obligations

Front 5

Mistakes in judgement

Back 5

Provide no bounds for relief

Front 6

Topics included in the supplementary conditions

Back 6

1. The number of copies of the contract documents to be received by the contractor

2. The type of surveying information to he provided by the owner

3. Which materials the owner will provide

4. Specific materials about material substitutions

5. Changes in insurance requirements

6. Requirements concerning the phasing of construction

7. Examination of the site

8. Start date for construction

9. Requirements for probe t security

10. Requirements for temporary facilities

11. Specific procedures for submitting shop drawings

12. Cost reporting requirements

13. Job schedule requirements

14. Special cleaning requirements

15. Traffic control requirements

16. Discovery of artifacts or cultural or historical value

Front 7

Items included in the specifications

Back 7

1. Invitation to bid

2. Instruction to bidders

3. General conditions

4. Supplementary conditions

5. Bid proposal for

6. Bid bond form

7. Contract bond form

8. List of prevailing wages (may be included in the supplementary conditions).

9. Noncollusion affidavit

10. Technical specifications

Front 8

Design specifications

Back 8

1. Also called material and workmanship specifications , methods and materials specifications and prescriptive soecifixations.

2. The specs will prodyce its desired results. A particular kind or type of material is to he used, a particular dimension is required.

3. Do not require that performance be expected.

Front 9

Technical specifications

Back 9

Needed to cover the qualitative e items of a project.

Front 10

Performance specifications

Back 10

The results or the performance of the first ish product, rather than the specific methods and materials used to construct the product, are specified. The spec focus es of the end product rather than then means of getting there.

Front 11

Closed specifications

Back 11

Soex used to ensure that only products of a particular type are used.

2. Mostly found in the private sector because in principle it is not legal on public works.

3. Give advantage s to manufacturers since wgi have their products specified since there is no competition .

4. This type is spec bring s the cost up.

Front 12

Proprietary specifications

Back 12

A type of closed soecificatons. It specifically stated what is to be provided without any allowance for alternatives .

Ex: the panel shall be a type E085-P31 kemply by kemlite

Front 13

Multiply proprietary specifications

Back 13

May be an open or closed soecifications. It is a design spec as well. The models of a more than one manufacturer are specified.

Front 14

Open Spec

Back 14

Non restructuve in that they lermit a wide variety of choices. At least three manufacturers should be named.

Public projects should be bid under this spec. Gives contractors the widest opportunity to get the lowest prices for delivering the project.

Front 15

Equal specifications

Back 15

A proprietary spec followed by the word or equal.

Ways of avoiding the conflicts that this type of spec brings:

1. Name the specific brands and the model numbers

2. Name many acceptable brands and the model

3. Let the contractor name an alternate.

Front 16

Or approved equal specifications

Back 16

Open specs that give all avveotabke products and opportunity to he cinsidrted. It lists the brands and model numbers of various manufactiters followed by the words or approved equal .

Front 17

Reference specifications

Back 17

Found in the technical specs and make items, established tests, or final procedure as part of the contract documents by reference . established by grous such as:

Astm- american society for testing materials

AASHTO- state highway and transportation officials

Awwa- american water works association

Ansi - american national standards institute

Aci- american concrete institute

Front 18

All-inclusive specifications

Back 18

Some example phrases "as directed by the engineer ", "to the approval of the architect" "the architects decisions will be final ", "to the architects satisfaction "

Front 19

As built drawings

Back 19

Documented changes, alterations to the actual built project from what's in the original plans based on site conditokns. It shows locations of all in place items .

Front 20

Cost- plus contracts

Back 20

The cotractor is reimbursed for most of the dorwcr expenditure associated with a particular project plus an allowance for I overhead and profit.

2. It is common for the allowance for overhead and profit to be based on a percentage of the costs.

Types :

A. Cost plus a fixed fee: removed the incentive for a contractor to increase costs in an attempt to increase the overhead and profit allowance .

B. Cost plus a percentage with a guarantee maximum: the owner is assured that the total costs of a project will not exceed a maximum .

3. Good when the true nature of the project cannot be accurately determined before construction begins. Most commonly used in the private sector. Requires the contractor to be trustworthy. Appropriate when many changes are anticipated in the design .

Disadvantages : 1. the owner has little idea of what the actual cost of the project will be. 2. The owner must maintain additional staff to monitor the progress of the contractor.

Front 21

Lump sum contracts

Back 21

1. Good for when the project is well defined

2. Fixed price

Front 22

Three basic types of contracts

Back 22

1. Lump sum contracts- considered if the scope definition is cer as demonstrated in a complete design.

2. Unit price contracts- better suited when the actual quantities (earthwork) cannot be accurately estimated.

3. Cost plus contracts- can be used on any type of contract, unless public policy forbids. There needs trust and confidence in the contractor.

Front 23

Change clauses should include

Back 23

1. The owner has the right to make changes within the genral scope of the contract.

2. The contractor is obligated to perform the work necessitated by the change.

3. The change must be in written form and signed.

4. An adjustment to the cotract/price duration will be assessed by some means, or can be predermined.

Front 24

Field change

Back 24

1. When a change has no impact on the contact's duration or amount.

2. Can often be authorized by personnel in the field without direct owner approval.

Front 25

Cardinal changes

Back 25

Changes that are not whitin the general scope of work and not covered in typical change clauses. Beyond the scope of the contract.

Front 26

Calendar days

Back 26

1. Every day that takes place, including weekends and holidays. Misunderstanding can be avoided by clearly stating in the contract docs when the "clock starts running" to define project duration.

2. Building projects likely have project duration as calendar days. 3.Calendar days are preferred when time extensions are not generally anticipated.

Front 27

Total float

Back 27

Allotted time in which an activity is still considered not critical. Once there is no more float, the activity will become critical.

Front 28

Exculpatory

Back 28

It excuses one of the parties to the context from liabilities which that party would otherwise incur. This clause is held by the court.

Front 29

Active interference

Back 29

Refers to performance problems that result in increased costs, whether or not the completion date is changed

- the term delay refers to situations in which the contract completion date date is extended.

Front 30

Home office overhead

Back 30

Includes the costs of operating and maintaining the home office. Includes the salaries of company officers, estimstors, accounting personnel, and secretarial personnel. Also the leade, rent, or mortgage payments on the home office premises- utilities, supplies, and company vehicles. Eichlay formula- formula for determining the appropriate home office overhead for the project.

Front 31

Brokerage

Back 31

When the genral contractor subcontracts all the work on a project

Front 32

Bilateral contract

Back 32

Agreement created by mutual promises made b contracting parties. Each party plays two promises: promisor and promisee. Owner and contractor

Front 33

Unilateral contract

Back 33

One sided contract in that only one of the contracting parties makes a promise., while the other party exchanges something other than a promise, most commonly some states performance. Not common in contraction.

Front 34

Express contract

Back 34

One in which the terms of agreement, whether verbal or written are clear, concise l, explicit and definite.

Front 35

Implied contract

Back 35

The terms of agreement are not clearly stated but are established through interference and deduction

Front 36

Joint arrangement

Back 36

Individuals are joined in a legal liability sense, as one party in the action

Front 37

Espírit de corps

Back 37

A feeling of pride, fellowship, and common loyalty shared by the members of a particular group

Front 38

5 basic functions support the principles of management

Back 38

1. Planning

2. Organizing

3. Commanding

4. Coordinating

5. Controlling

Front 39

The pm process has the filling tools

Back 39

1. Project planning

2. Breakdown the work into tasks

3. Scheduling

4. Budgeting

5. Quality control strategies

6. Project objectives

7. Project management goals

Front 40

6 goals of project management

Back 40

1. Tô reach the end of the project

2. To end on a budget

3. To end on time

4. To end safely

5. To end error free

Front 41

Sick buildings

Back 41

Buildings where occupants are exposed to various forms of airborne contaminants

Front 42

Six fundamental design activities

Back 42

1. Define project scope of wrk, budget and schedule

2. Planning the work effort

3. Direct the design team

4. Coordinate the effort of the design team

5. Monitor the design teams work product and progress against the objectivities, budget and schedule

6. Learning from the project. What went wrong? What went right?

Front 43

Iterative

Back 43

Cyclic process of prototyping, testing and analyzing

Front 44

Abduction

Back 44

Process of creative decision making based on experience

Front 45

Six objectives of the project work plan (pwp)

Back 45

1. Define project objectives

2. Identify the project team

3. Break down the project into tasks

4. Develop the project schedule

5. Establish a quality control program

6. Identify other project specific procedures and effectiveness- a. Work safety plan. B. Cadd & drafting standards c. Filing standards

Front 46

Strategies for controlling risk

Back 46

1. Prevention

2. Transference

3. Mitigation

4. Contingency plan

5. Assumption

Front 47

Negative variance

Back 47

When a project is running over budget

Front 48

Acwp

Back 48

Actual cost of work performed

Bcwp- budgeted cost of performed work

Front 49

Lot Coverage limits

Back 49

Used to control size of pavement of building coverage in relation to total site size. And it controls land use intensity. 10%, 90% of coverage is considered the land use intensity.

Front 50

Subdivision regulations

Back 50

Uses to control the intensity of proposed development by limiting the sites size, location. Proximity to other users, density and coverage.

Front 51

Limited liability company

Back 51

A form of business organization that can protect a company's assets from creditors

Front 52

Building codes

Back 52

Refers to methods, materials, systems, strengths, minimum standards and overall quality of development at a site.

Front 53

Trust and mutual funds

Back 53

Not used by firms to organize delivery of consultant professional services

Front 54

Subdivision regulations

Back 54

Controls the intensity of a proposed development by limiting the sites size location, proximity to other users, density and coverage.

Front 55

Remand

Back 55

An action ordered ro remake a decision that was already made.

Front 56

Lot Coverage

Back 56

Control size of pavement or building coverage in relation to total size.

Front 57

Disavow/ repudiate

Back 57

To reject as authorized

Front 58

Land use intensity

Back 58

Land use intensity is addressed by zoning codes that might include land use tables or lists of allowable conditional and prohibited uses.

Front 59

Disavow/ repudiate

Back 59

Reject as unauthorized

Front 60

Growth management program and smart growth program

Back 60

Ensure high sustainability and ecological principals but is usually a state and local law rather than a set of industry standards. It involves both public and private rather than industry design standards.

Front 61

Remand

Back 61

Order from a higher body to a lower body for a do over decision or action, with specific instruction on how to correct or change an earlier decision.

Front 62

Deposition

Back 62

Statements outside before or outside of a hearing.

Front 63

Affidavit

Back 63

A declaratory statement by an individual not judge.

Front 64

Intellectual property

Back 64

Category of legal claim that pertains to copyrights and protection of the ownership of creative works, including the software used by all private sector professional offices.

Front 65

The Council of Tree and landscape Appraisers

Back 65

The most widely used system for evaluating the value of of a tree in court, whether the expert witness is a landscape architecture, appraiser or arborist.

Front 66

Milspec

Back 66

Military unique specifications

Front 67

Administrative agencies

Back 67

Includes state boards, legislative, judicial, executive branches.

Front 68

Clustering

Back 68

Concentrates development in one area while avoiding another area

Front 69

Transfer of development rights

Back 69

Program or an agreement for relocation of residential density, possibly including the right to transfer development off site to another property.

Front 70

Abatement

Back 70

1. Emforces code compliance

2. Removes an action/improvement not allowed by code.

Front 71

Right of survivorship

Back 71

Not a financial guarantee

A contract term related to contract survivability in case a party is no longer available or eligible to perform.

Front 72

Reasonable skill and care

Back 72

Standard care found in the profession, not perfection

Front 73

Exoneration

Back 73

The process of surety bond release by financial firms.

Front 74

Substantial completion or final inspection

Back 74

When a landscape architect prepares to make a request for exoneration. A project must be substantially complete, excluding minot punchline items.

Final inspection- required before making a request to release the surety bond.

Front 75

Expiration

Back 75

Expired bond normally trigger renewal or litigation and not release of the bond.

Front 76

Bidders instructions

Back 76

The term refers to documents that are not part of the technical specifications yet are added to the front of the project manual. The project manual includes the technical specifications and general specifications.

Included in the bidders instructions:

1. Time and place of bid submittal

2. The invitation to bid

3. BId form

Front 77

Supplementary conditions or special conditions

Back 77

1. Part of the project manual that modifies the general conditions

2. Do not normal modify the technical specs.

3. Job site and weather info is too narrow to be define the special coditions.

Front 78

Mechanics lien

Back 78

The general term includes material liens, contractor liens, and consultant liens.

Front 79

Lis pendens

Back 79

A legal term that means notice of pending litigation

Front 80

Statute of limitations

Back 80

The max time limit to pay a claim or provide punishment.

It can be included in the specs or in an agreement to control the potential for financial claims against a landscape architect consultant due to an error on the construction plans.

Front 81

Statues of repose

Back 81

Set of laws used to define the max time period for filing claim against professionals. Not a limit on the type or number of claims but limit on time period to file a claim.

Front 82

Force account and cash allowance

Back 82

The need to establish a purchase amount for misc items that cannot be specified during the bid stage

Front 83

Restrictive covenant

Back 83

Refers to site features but does not address ownership of a storm water pipe.

Front 84

Deed of trust

Back 84

A legal document pertaining to property ownership and is required for real estate rights to transfer from me owner to another

Front 85

Quit claim deed

Back 85

Can transfer real estate but it is used to simply verify That any property ownership intrest owed is relinquished by the quit claim deed document.

Front 86

Conveyance survey

Back 86

The legal action not a document that clarifies property ownership.

Front 87

Survey of record

Back 87

Might accompany a deed of trust but will not give permission of trabsfer of real estate taken alone.

Front 88

Floor area ratio (FAR )

Back 88

The area of all floors of all buildings compared to the total site area

Front 89

Codes, covenants and restrictions

Back 89

Private regulations or rules that govern common area structures managed by subdivision residents.

Recorded in a public agency, state and or local jurisdiction.

Front 90

Functional diagram

Back 90

- used to communicate the best and most appropriate relationships between function and spaces

- should show the following elements:

1. The major proposed spaces as simple bubbles

2. The relative distance or proximity of the function/ spaces to one another

3. Circulation patterns

4. Barriers or screens

Front 91

The following items would normally be presented to the design team by the prime consultant

Back 91

1. Project scope

2. Time line for project

3. Project design standards

4. Subconsultant's responsibilities

Front 92

The following signatures are needed to complete a change order

Back 92

Owner and the contractor

Front 93

A change order is conducted in the following sequence

Back 93

1. Identification of work

2. Approval by owner

3. Procurement of materials

Front 94

Retainage

Back 94

- a portion agreed-upon contract price deliberately withheld until the work is substantially complete to ensure that the contractor and subcontractor will satisfy its obligations and complete a construction project.

- In a construction contract accomplishes the following:

1. Produces the possibility of the contractor being compensated for more than the value of the work completed.

2. It reduces the possibility of the contractor defaulting on the contract.

3. It ensures that if the contractor fails to replace any dead plant materials, money will be available to complete the work with another contractor.

Front 95

The sequence of landscape planning

Back 95

Survey and Analysis, evaluation, policy or design solution and implementation

Front 96

Programming and Market studies are usually performed during which phase of the project design process

Back 96

Pre-design services

Front 97

The following illustrates the sequence of drawings in increasing detail

Back 97

Bubble diagram, Concepts, design development, construction

Front 98

A medium sized design firm should carry which of the following types of insurance policies

Back 98

Errors and omissions and general liability

Front 99

Landscape architects shall sign or seal drawings only one when

Back 99

They have direct knowledge and control of the production of the work

Front 100

Project closeout includes

Back 100

1. Final testing of systems

2. Development of a punch list (deficiency list)

3. Release of liens

Front 101

See landscape architect observes the construction work to determine all of the following

Back 101

1. General conformance to appropriate methods of construction

2. Acceptability of the contractor's application for payment

3. If completed we will be in accordance with the contract documents

Except- The proper sequence of construction activities

Front 102

Shop drawings are used to explain items identified in the contract documents and are prepared by

Back 102

1. The contractor

2. Supplier

3. Fabricator

Front 103

Prior to final acceptance the landscape architect should

Back 103

All items on the substantial completion (substantial performance) list have been completed

Front 104

Storm water management plans

Back 104

Designed for the anticipated rainfall event

Front 105

Zoning codes

Back 105

Controls the use, height and bulk of improvements

Front 106

Additional work resulting from concealed or unknown conditions found during the construction of a job shall be paid by

Back 106

The owner

Front 107

In the 1950s and 1960s comma National Economic growth resulted in landscape architecture largest area of practice growth in the design of

Back 107

Urban centers

Front 108

When a landowner's numbers of potential building units are used elsewhere (increasing the allowable density) thereby placing the land in perpetual open space, it is known as

Back 108

Transfer of development rights

Front 109

Per diem charge

Back 109

When the scope of the job cannot be accurately determined in advance, the most appropriate methodology fee determination would based

Front 110

Until recently,the ASLA code of ethics restricted

Back 110

Design build firms

Front 111

Director of the National Park service

Back 111

Stephen Mather

Front 112

Sherman anti-trust act

Back 112

Based on federal court cases, the legislation allowing Landscape Architects to advertise your Professional Services

Front 113

He sent us or federal court cases have resulted on National professional societies abandoning mandatory

Back 113

Code of ethics

Front 114

Claims against a landscape architect by third parties are covered by an insurance form known as

Back 114

Liability

Front 115

The landscape architect should obtain prior written permission of the owner in order to

Back 115

Obtain firm commitment from suppliers

Front 116

Considered justification for extension of tme period on a cotract

Back 116

Strikes, floods and delays in transportation

Front 117

The contractor's monthly request for payment is for

Back 117

100% of the work completed, less the agreed retention amount

Front 118

On a construction site,the following group of paired roles represent who:

Back 118

1. Superintendent represents contractor

2. Clerk of works represent owner

3. Landscape architect's representative represents landscape architect

Front 119

The form on which contractors submit their bid is called

Back 119

The proposal

Front 120

The role of clarb

Back 120

1. To compile records of professionals

2. To provide services, which examine the competency of each candidate

Clarb does not:

1. Set the minimum requirements to become licensed in each state

2. Work in conjunction with the isolates produced the lare

Front 121

In order to begin using building after all the work has been completed, what must be obtained from the local municipality?

Back 121

Certificate of occupancy

Front 122

What type of specification constructive contractor on where to deliver it and store all of the materials on site?

Back 122

General

Front 123

When working on a federally funded project, the minimum amount that contractors are required to pay their employee is

Back 123

The prevailing wage

Front 124

Special warranty

Back 124

The seller warrants or guarantees the title only against defects arising during the period of his/her tenure or ownership

Front 125

General warranty

Back 125

Standard means by which real property is transferred in the US. Provides the buyer a warranty, title of property

Front 126

Libel

Back 126

Written or printed defamation of someone else's character

Front 127

Slander

Back 127

Verbal defamation of someone's character

Front 128

In order for a contract to be valid, you must include the following

Back 128

1. An agreement

2. Items of value to exchange funds

3. More than one party

Front 129

Mediation

Back 129

The process of coming to a non-binding resolution of a contract a dispute that is facilitated by negotiation through a third party

Front 130

Not a valid reason to have the retainage of funds during project

Back 130

1. Satisfactory work

2. Damage to the owner's property

3. In order to comply with mechanic's lien

Retainage is valid in case the contractor fails to perform specified work

Front 131

What documentation is needed to assess an environmental issue that may arise as a result of development on a partially state-funded project in California?

Back 131

Environmental impact report

Front 132

Landscape architect is responsible for providing the following

Back 132

1. Keeping records of his design

2. analyze environmental

3. Plan the Design and observe construction progress among other things.

The owner is responsible for setting the budget and providing goals and objectives for the project.

The contractor is responsible painting all permits and installing the design.

Front 133

Practice act

Back 133

1. Regulates those professionals who call themselves landscape architects

2. Protectes citizens from unqualified professionals from providing services

3. Define a set of services are only a landscape architect can perform

Front 134

Title act

Back 134

Those individuals to perform the duties of a landscape architect as long as they do not call themselves Landscape Architects

Front 135

Misfeasance

Back 135

Undergoing a lawful act in an inappropriate way, and so the pertinent aspect in this differentiating definition is the form of the act, not the act itself

Front 136

What is generally not included in a closeout package for the owner of the site

Back 136

Final payments

Front 137

Which of the following is not a role of the project manager

Back 137

Defining the scope of work

What is the role of the project manager?

1. Close out the project

2. Provide performance reviews

3. Track the budget

4. Provide technical supervision

Front 138

Purchase of development rights

Back 138

When the conservation group buys the right of a piece of land from a farmer so that the land will always be a farm, but the former retains all of the rights on that land

Front 139

Which of the following is not included in the base bid

Back 139

Alternates

What is included in the base bid?

1. Overhead

2. Labor

3. Equipment

4. Site preparation

5. Materials

Front 140

Landscape architect is being sued for negligence on the product design the type of law that will handle this case is

Back 140

Tort law - the tort law handles all cases of negligence and personal injury lawsuits.

Front 141

The owner of a piece of private property wants to send out a request for bids in which all the work is completed for one set price by the contractor. The type of bid needed is

Back 141

Lump sum

Front 142

Fixed price contract

Back 142

A price set and had no bearing on whether the contractor can complete the project whitin that budget limit.

Front 143

Cost plus fees contract

Back 143

Not a set amount and factors in the cost of the construction plus an additional fee for the contractors fees.

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

Front 144

Time is of the essence clause

Back 144

A clause put into the contract that stipulates that a project would be completed by a specific date

Front 145

Plan of Consolidation

Back 145

When you land owner has purchased 3 adjacent properties and would like to combine them into one large piece of property

Front 146

What is not usually on the agenda for a pre-construction meeting between the contractor and the contract administrator

Back 146

Surety bonds

Front 147

What is included on the agenda for pre-construction meeting between the contractor and contract administrator?

Back 147

1. Permits

2. Testing

3. duties

4. Due dates

Front 148

Professional Services contract usually does not involve

Back 148

Site plan

But it does involve the terms and conditions, project description, and scope of services

Front 149

Concrete slump test

Back 149

Make sure the concrete has a consistency suitable to the requirements.

Front 150

Favoring one side over the other in an arbitration case when acting as the arbitrator is grounds for

Back 150

Suspension of one's license from the state Board. This act is considered breach of ethics

Front 151

Local zoning ordinances are responsible for setting what requirements?

Back 151

Land use intensity

Front 152

A client has terminated the contract with his contractor due to breach of contract. What should the client do next?

Back 152

1. Take possession of the site

2. Take possession of all materials on site owned by the contractor

3. Finish the work expediently

Front 153

Safety regulations are controlled by OSHA and building codes are separate regulatioms from zoning issues and deal with acceptable safety limits instructed on the property.

Back 153

Land use intensity and land uses are types of zoning ordinances designed to regulate what can be built on a specific property and the total amount of space can take up on a piece of property

Front 154

The correct order in which the following items occur in a project from first to last is

Back 154

Project definition, project project, project design, project bidding

Front 155

Land use intensity and land uses

Back 155

Types of zoning ordinances designed to regulate what can be built on a specific property and the total amount of space it can take up on a piece of property.

Front 156

An issue involving copyright or when the parties are from two different states, the case would be heard in U.S. district Court

Back 156

State courts deal with cases within the local jurisdiction

Front 157

Tax lien

Back 157

The right of the government to retain possession of property until the tax on it has been paid.

Front 158

It's an existing properties it's in an area where does know he's been changed, then existing property can be allowed to stay in its current location based on

Back 158

Nonconforming uses variance.

The allows the owner of the land to keep his or her property in its current location as long as it was in place before any changes were made.

Front 159

Eminent domain

Back 159

The right of the federal government or a state or other public agency to take possession of private property and the procreative Republican

Front 160

Criminal law

Back 160

If the contractor vandalized the property, and the owner file charges against the contractor then the charge would be under this law

Front 161

Common law

Back 161

Deals with contracts, property and tort law and decisions are made based on precedent set by past cases.

Front 162

Public law

Back 162

Deals with the relationship between the people and the state and its laws including criminal law and administrative law.

Front 163

What is added to contracts to shift liability on a project?

Back 163

Performance Bond, indemnification Clauses, paymeny bonds, and no damage for delay clauses.

Front 164

No damage for delay clause

Back 164

Contractors shift the risks for delay onto the subcontractors

Front 165

Standatds of care

Back 165

1. Refers to the standard with which one is judged in a lawsuit and usually refers to the average standard of one in a profession.

2. There are no standards of care causes added to contracts to shift liability amongst the parties involved.

Front 166

Critical path method

Back 166

A mathematical application used by project managers to predict the most efficient sequence of construction possible

Front 167

Immunity

Back 167

Protects Landscape Architects any time he or she displays into a quasi-judicial role such as an arbitrator, here she is protected from liability.

Front 168

Indemnification

Back 168

Protects Landscape Architects against claims made by others who have suffered an injury or loss.

Front 169

Injunction

Back 169

Stopping of work by a court of law to protect a client.

Front 170

Imputed knowledge

Back 170

Deals with knowledge gained vicariously through relationships with others and does not have to deal with arbitration

Front 171

State regulation boards are governed by this type of law

Back 171

Administrative law

Front 172

The best format to set up a project schedule for a small project that will last less than a month and take up to ninety hours of work is

Back 172

The milestone schedule

Front 173

Recycled materials

Back 173

Those in which the original product is remanufactured to become a new product.

Front 174

Eminent domain

Back 174

1. The right for federal government or a state or other public agency to take possession of private property and appropriate it for public use.

2. When a land is seized through eminent domain, a fair price must be paid for the property.

Front 175

Condemnation

Back 175

A word that has a harsh sound but it means the same thing as eminent domain period that is comma it is the exercise of eminent domain.

Front 176

Highway property can be obtained from private landowners by:

Back 176

1. Outright or direct purchase (mutual agreement)

2. Eminent domain or Condemnation proceedings (hostile acquisition)

3. Prescription (hostile acquisition). This is the acquisition of property that has been used by the public for a prescribed period of time. This falls under state law so the specific requirements May differ from state to state.

4. Dedication (mutual agreement). This is the granting by the owner of the use of public property for the public at Large (Highway, Street, park, or school). If the public has been permitted to use private property in a certain manner for a given long period of time, the owner will not be able to do that continued use.

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Right of way

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1. A tract of land, usually consisting of a series of connected Parcels of property, that is used for the operation of a highway or public Utility.

2. Right of way properties is owned by the public or private firms. The most common means of obtaining such property is through an outright purchase arrangement. If they are granted the power, private firms may be able to acquire private property for a right of way through eminent domain.

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Zoning

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1. The division of real property, especially in larger cities, into classifications of use.

2. Restrictions may be placed on the minimum size of a lot, the minimum distance a building can be placed near the property boundary oe Street, the types of buildings that can be built in the area, the height of buildings, the number of Stories, the sizes of billboards, the area of a lot that can be occupied by structure, and density of population. The use that can be made of the land will also be noted- residential, commercial, industrial, rural, recreational.

2. Zoning requirements are essentially the master plan of the city to regulate the use of the land in each area or Community.

3. Zoning is used to ensure an orderly development of the community and maintain the quality of life, Health and Welfare, for a city's inhabitants.

It places restrictions on the use of the property.

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Life cycle cost

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Owning, operating, and maintaining

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Final acceptance

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Last day for change orders and date of the commencement for the guarantee period.

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Carriers lien

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Secures priority of the payment of the price or value of the work title.

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Strict liability

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Exists in a criminal or civil context.

Males a person legally responsible for the damage and loss caused by his or her acts and omissions regardless of culpability. Under strict liability, there is no requirement to prove fault, negligence or intention.

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Work Plan

Back 183

The basic document for a strong project management system

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Who is responsible for securing and monitoring the registration of landscape architects?

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Registration boards or commissions of each state

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Landscape architects may be licensed under a

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Practice and title act

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A contractor cannot proceed with the costruction of a project until she/he

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Receives the notice to proceed

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Which of the following is not part of the project manual (bid package)

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Scope of services

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The purpose of of a bid bond is

Back 188

To discourage frivolous bids

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The Arbitration process

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Is not open to the public

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The following types of insurance are consulting firms typically required to carry before they can enter into any contractual arrangement with a client

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Professional liability and contractual liability

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Subsurface rights

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Subsurface rights are rights to the earth below the land, and any substances found beneath the land's surface. Mineral rights are a type of subsurface right.

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Air rights

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Refers to the empty space above a property. A type of development right in real estate. Owning or renting land or building gives one the right to use and develop the air rights.

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Land support rights

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Zzz

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Water rights

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Refers to the right of a user to use water from a water source. For example: River, stream, Pond or source of groundwater.

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Riparian rights

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A landowner has a right to use a natural Waterway within his/her land.

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The following items is not a typical land development regulation I, as a developer, must deal with in the course of your work.

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Basic building codes, noise control act, resource conservation recovery act

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Order in which these items would be developed in my office

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1. Rfp

2. Advertisement for bid

3. Qualifications statement

4. Scope of services

5. Work plan

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What information do I need to prepare a project budget that can be managed by the PM and staff?

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Schedules, tasks, hours, deadlines and overhead

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Which of the following I would discuss with the client

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Task analysis

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The chart most commonly used for the typical projects in landscape architecture office is

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Bar chart

Front 201

If I'm trying to integrate comma sequence and scheduled tasks and activities for complex project, in a manner that will involve everyone and that will be easy to read I would select a

Back 201

C.p.m.

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The term utilization rate refers to

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Efficiency of an employee

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Isopach chart

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1. Illustrates task interrelationships and important tasks interfaces.

2. A line drawn on the map connecting points of equal thickness of a particular geology formation

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Consideration

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In a contract, consideration one will work with the client in accordance with the terms of the contract

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Which of the following document must be signed by the project landscape architect?

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Certificate of payment

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The following is not a part of the contract between the contractor and owner

Back 206

Scope of services

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Certification of payment contains information from which of the following documents

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Change orders

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Field observation reports

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1. Provides a record of the construction activity

2. Good record for potential disputes about the construction activity

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Certification of substantial completion

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1. Precedes final approval of the project to meet client satisfaction.

2. Represents specialized documentation of details, but contractor.

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Direct labor costs

Back 210

Include such items as sub-consulting fees and travel costs

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Direct project expense

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Refers to a variety of items that can be charged to a client

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Payroll costs

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Th single largest cost in any billings

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Billable

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The second largest cost item and does not add to the cost of running a business

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The certificate of substantial completed by

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The contractor and the landscape contractor

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The ASLA is responsible for

Back 215

The review of licensing standards

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Proper sequence in which the following documents would be produced

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1. Rfp

2. Qualification statement

3. Scope of services

4. Work plan

5. Detailed budget

6. Contract

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Simple and can sow hours completed as well as duration of tasks

Back 217

BAR

Front 218

Simplest form of project management chart

Back 218

Wall

Front 219

Simple, does not show relationships

Back 219

Milestone

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Complex system that encourages active participation by all team members

Back 220

C.p.m.

Front 221

The purpose of setting up a project chart is/ are to

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1. Maintain quality of work

2. Monitor production activity

3. Manage sub-consulting activities

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Joint ventures

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Formed to create, from a legal standpoint, a single firm to do the work

Front 223

On a project , which has a specific scope of work, the designer may be asked to submit what type of proposal?

Back 223

A request for quotation

Front 224

What are the three requirements of a contract?

Back 224

Agreement between parties, a specified time, a specified payment

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Local zoning codes

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Local regulatuin that establishes heights, setbacks, and densities for the development of different type of constructed structures

Front 226

What three elements are included in the development of the conceptual design?

Back 226

User analysis, site analysis, space allocation anaysis

Front 227

In order of importance what precedence do permits have during construction?

Back 227

Permits, specs, details and plans

Front 228

The three components of an invitation to bidders

Back 228

Bid form, date and time of bid, bidding requirements

Front 229

What scheduling method depicts the key construction activities that will help complete the project?

Back 229

Critical path method

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A schedule of values lists what costs

Back 230

A breakdown of each trades costs for the project

Front 231

A mechanic's lien law allows who to recover coats of construction?

Back 231

The contractor, sub contractor, and landscape architect

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In what document would one find either deductive or additive alternates?

Back 232

The bid form

Front 233

Low impact t development

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An Innovative stormwater management approach with the basic principle that is modeled after nature: manage rainfall at the source using uniformly distributed decentralized microscale controls.

Lid goals: to mimic a site's pre-development hydrology but using design techniques to infiltrate, filter, store, evaporate, and detain runoff close to the source.

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Project initiation

Back 234

1. Rfp/rfq

2. Design contract: lump sum, lump sum + hourly

3. Determine complexity of work

4. Determine consultant support

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Programming

Back 235

1. Zoning

2. Ccrs

3. Study zones

4. Survey

5. Soils and geology

6. Site analysis

7. Property ownership

8. User analysis

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Design

Back 236

1. Programming

2. Schematic

3. Design development

4. Construction documents

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Bid & award

Back 237

1. Invitation to bidders

2. Bid forms, deductive, alternates, additive alternates, unit cost items

3. Constectution contract

4. Bonds/ insurance

5. Notice to proceed

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Construction

Back 238

1. Schedule of work- gantt, com

2. Schedule of values

3. Change orders

4. Progress payments

5. Field observation

6. Mechanic's lien

7. Liquidated damages

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Project close-out

Back 239

1. Operational final

2. Full final inspection

3. Correction items

4. Notice of completion

5. Certificate of occupancy

6. Release of retention

7. Post occupancy evaluation

Front 240

Land use regulations

Back 240

Zoning, easements, setbacks, covenants, conditions, restrictions

Front 241

Geologic study zones

Back 241

Places restrictions on development to allow a governmental entity to evaluate the stability of a particular area

Front 242

Earthquake/seismic zone

Back 242

Allows development but limits development and alerts potential owners that the area is near a known fault

Front 243

Practice act

Back 243

Refer to landscape architect practice act- section 5615 business and professions code. Landscape architect's perform professional work in planning and design of land for human use and enjoyment.

Front 244

Completion of environmental documents

Back 244

Means preparation of environmental documents in their final form for approval by the decision-makers authority

Front 245

Quadrangles, townships, and sections

Back 245

Baselines- horizontal divisions

Meridians- vertical divisions

Quadrangles- meridians and baselines placed 24 miles apart

Townships- quadrangles divided into 6 mile squares

Range-row of townships in the north-south axis

Tier- a row of townships in the east and west direction

Sections- a township divided into one mile squares

There are 24 sections in a township

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Environmental clearance

Back 246

These may include their responses 2 comments received, preparation reports, mitigation monitoring and Reporting plan if we were statement of finding some overriding considerations if required, and other ancillary documents as necessary.

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Function of a chedule

Back 247

1. Setting of goals

2. Communicate and coordinate

3. Monitor progress

4. Manage unexpected results

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Prime professional

Back 248

The lead agency that is coordinating the efforts of preparing contract documents for a specific project with the assistance of sub Co tracing professionals. Responsible for coordinating the work of others on order to make the final plans a working document.

Front 249

Development process

Back 249

1. Design

2. Bid/award

3. Construction

4. Occupancy/ acceptance

5. Project life cycle cost analysis

Front 250

Project and life cycle cost analysis

Back 250

The analysis is used to determine the total costs of a project including specific materials. Can be conducted during any phase of the project, most useful during schematic and design development. The project life cycle concept is comparing initial costs of an installed product to th le life expectancy and the resale or salvage value of the product. The info is useful for making design decisions.

Front 251

Schedule of values

Back 251

Bid breakdown- cost itemization of various phases

Front 252

No excuse on time

Back 252

Incentive to complete on time

Front 253

Riparian rights

Back 253

The rights of ownership of land adjacent to both banks of non navigable stream.

The owner of land adjacent to a stream has a right to the reasonable use of water following past the land. Navigable streams and rivers are regulated by state and federal law. Violation of this right is a tort.

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Torts most directly involved with project design

Back 254

1. Nuisance

2. Negligence

3. Violations of riparian rights

4. Lateral and sub adjacent support

Front 255

Time per diem

Back 255

A fixed amount charged on a daily basis arrived at by multiplying the pay roll expense of professional and technical time spent on arrived project

Front 256

Negotiated contract

Back 256

Refers to a contract amount that is awarded after open competition on the basis of qualifications, experiences, and facilities. Assume thst owner will pay for the cost of work plus compensation.

Front 257

Time with minimum upset

Back 257

A stated amount below which the client has agreed the landscape architects fee will not fall

Front 258

Time with maximum upset

Back 258

A stated amount above which is agreed the landscape architect's will not rise

Front 259

Quasi judicial

Back 259

In the process of arbitration, the parties submitting to arbitration have agreed to accept the decision of the arbitrator.

Front 260

On a project which has a specific scope of work, the designer may be asked to submit this type of proposal

Back 260

A request for quotation

Front 261

The three components of the invitation to bidders?

Back 261

1. Cost estimate

2. Bid form

3. Date of bid

Front 262

Certification of payment

Back 262

A certification by the landscape architect that the amount of work completed so far by a contractor has been done and the contractor is entitled to payment. The landscape architect should have reasonable assurance that the work has been accomplished.

Front 263

What not part of the project manual/bid package?

Back 263

Scope of services

Front 264

The following is not a part of the contract between the contractor and owner

Back 264

Scope of services

Front 265

Direct project expenses

Back 265

1. Includes sub-consulting fees and travel costs

2. A variety of items that can be charged to a client

Front 266

Represents the single largest cost in any billings

Back 266

Payroll costs (dpe)

Front 267

Typically the second largest cost item and does not add to the cost of running a business

Back 267

Billable

Front 268

The certificate of substantial completion is completed by

Back 268

The contractor and landscape contractor

Front 269

Bar chart

Back 269

1. The most commonly used by landscape architects

2. Simple and can show hours completed as well as duration of tasks

Front 270

Lump sum

Back 270

1. Used when a project is clearly defined, is simple and with which I have considerable experience

2. Encourages efficient management

Front 271

Hourly rate times a multiplier

Back 271

Usually used for open ended and hard to define projects

Front 272

The purpose of setting project charts is/are to

Back 272

1. Maintain quality of work

2. Monitor production activity

3. Manage sub consultant activities

Front 273

Which of the following signatures are needed to complete the change order?

Back 273

The contractor and owner

Front 274

Retainage in construction contract

Back 274

1. Reduces the possibility of the contractor being compensated for more than the value of the work completed

2. It reduces the possibility of the contractor defaulting on the contract

3. It ensures that of the contractor fails to replace any dead plant materials, money will be available to complete the work with another contractor

Front 275

The date of final acceptance of the project is also

Back 275

1. The date of the commencement for the guarantee period

2. Last day for change orders

Front 276

Most common types of construction contracts

Back 276

1. Lump sum fixed price contracts

2. Cost plus contracts

3. Unit price contracts

4. Time and material contracts

Front 277

Comprises the contract documents

Back 277

1. Drawings, specifications, and construction contract

Front 278

Escheat

Back 278

A common lawn Doctrine which transfers the property of a person who dies without heirs to the state or town. It serves to ensure that property is not left in limbo without recognized owership.

Front 279

Government construction financed by

Back 279

Annual operation budget from taxation receipts

Front 280

Public works project financed by

Back 280

1. A special appropriate tax

2. Bonds

Front 281

Professional ethics

Back 281

1. Not governed by law

2. Similar to morals except they cover business practices that society deems befitting

3. Based on cultural concepts that help define any organized aggregate of people

Front 282

Remand

Back 282

Remake a decision that was already made