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105 Cards in this Set
- Front
- Back
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How does an LA's role as prime consultant or sub-consultant affect communication? |
A prime communicates directly with the Owner, while a sub consultant communicates through the prime to the Owner. |
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List 7 Consensus-Building Techniques |
1- Participant identification & recruitment 2- Design of the process to be used 3- Problem definition & analysis 4- Identify & evaluate alternative solutions 5- Decision-making 6- Finalization and approval 7- Implementation |
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List the project meeting tasks for which the prime consultant's project manager is responsible. |
1- Defining the meeting's purpose 2- Inviting stakeholders 3- Drafting agenda, establish objectives 4- Schedule meeting, Securing location 5- Ensuring mtg. meets objectives 6- Review meeting decisions with Client 7- Keep & Distribute meeting notes. |
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Site Inventory Report |
-to note existing conditions -includes: photos, measurements, assessment for repair, renovation, code compliance/upgrade issues |
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Geotechnical Report |
-prepared by a geotechnical engineer, includes a study on soils and implications for design decisions |
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Pro Forma Report |
-an economic forecast of a project's cost based on projected expenses and revenue (aka a financial feasibility study) |
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Field Report |
-Written during construction visits -Records site observations -Can include notes on additional information needed in order to make a ruling or recommendation |
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Work Plan |
-A planning and management tool to schedule a project to completion |
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RFP |
Request for Proposal: Drafted by a potential client/the owner of a site seeking professional proposal submissions. Includes site information and scope of services needed. |
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RFQ |
Request for Qualifications: Drafted by potential client or agency looking for qualified professionals, usually for a span of time within which projects may occur, to get on a pre-qualified list (often 1-3 years). |
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What are the 5 sections of a Proposal for Professional Services? |
1- Cover Letter 2- Team Description: Firm descriptions, Org. Chart & Resumes 3- Qualifications: Project Experience & References 4- Approach & Understanding: Scope of Services, Fee & Task Matrix, Schedule, Billing Rates 5- Required Forms & Certifications |
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What are the 6 elements of a Grant Proposal? |
1- Executive Summary (1 page) 2- Statement of Need 3- Project Description: Objectives, Methods, Staffing levels/qualifications; Evaluation Plans & Methods 4- Budget: Revenue & Expenses 5- Organization Information 6- Conclusion (Summary) |
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How many square feet in 1 acre? |
43,560 Square Feet = 1 Acre |
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How must a landscape architect be qualified to perform a professional service? |
By education, training, and experience in the specific technical area involved. |
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How can physical or mental disability affect a landscape architect's practice? |
The Board may decide they should not be permitted to practice if substantial enough. |
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What is required for a registered landscape architect to accept payment from multiple parties on a project? |
Full disclosure to and agreement by, in writing, all interested parties. |
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What must a registered landscape architect do if they have any business association or in/direct financial interest to influence their judgement in performing professional services? |
-Full disclosure in writing to client / employer -If they object, terminate association or offer to give up the commission or employment. |
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What should an RLA avoid with material suppliers? |
Compensation in exchange for specifying or endorsing a product. |
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What must an RLA do when aware of an employer's or client's decision, against the RLA's advice, violates state/muni. building laws and regulations and in the RLA's judgement adversely affect public safety? |
-Notify the building inspector (or other enforcer of the violated law/regulation) -Refuse consent of the decision -Terminate services; in which case, the RLA shall have no liability to the violator. |
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How does a satellite / branch office receive supervision for preparation of drawings, specs, reports or other work? |
By Having an RLA resident and employed in the office for direct supervision. |
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When should an RLA not sign/seal drawings, specs, reports or other work? Are there exceptions? |
When the RLA does not have direct knowledge AND supervisory control. WHERE the RLA's consultants prepare the work, registered in that jurisdiction, the RLA may sign if they have reviewed it, coordinated its preparation and intends to take responsibility for its adequacy. |
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What are the principles of ASLA Code of Professional Ethics? |
Public health safety and welfare protection & recognition of the land and its resources |
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What is the structure of the ASLA Codes (of Professional Ethics, of Environmental Ethics)? |
Canons that are made up of Ethical Standards (goals that one SHOULD strive for) and rules (that one SHALL follow, and can violate). The Board of Trustees establishes the policies. All members must follow the Code. |
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In the ASLA Code of Professional Ethics, Canon 1 - Professional Responsibility, Full Disclosure & Maintain Continuing Education what are the rules? |
- honesty, dignity & integrity - abide by local/state/federal laws - no bribes - working in a public agency, don't take private business with the client doing work with the agency - give credit where it is due - follow confidential agreements - only do what you're qualified to do |
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ASLA Code of Professional Ethics Canon 2, Member Responsibilities |
Abide, and report those who may have violated the rules via the filing & resolution of a complaint to the ASLA Ethics Committee, within 1 year of the alleged violation. |
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What are the four tenets that are the basis of the ASLA Code of Environmental Ethics? |
1- health & well being of biological systems & human sustainability 2- the right of future generations to these assets and resources 3- economics depends on the natural environment 4- stewardship is essential to sustain life on earth |
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What are some of the environmental public policy statements of ASLA? |
- coastal zone protection - parks and public areas - involvement of state, regional and local government - open space preservation; rural landscape conservation - historic & cultural site preservation - appropriate use of vegetation - the "visual environment" - water resources, wetlands, waterways, wildlife habitat protection - beware of non-native invasive species |
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What are additional Ethical Standards in the ASLA Code of Environmental Ethics? |
-Stay educated on current research/knowledge
-Be engaged - Develop & specify products, technology, techniques, materials that conserve resources - Respect historic preservation & eco. management in the design process |
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What is a contract? |
An agreement between two or more parties setting parameters for the exchange of things of value. In writing! Detail! |
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What are 3 types of contracts? |
- Percentage of (Construction) Cost - Flat Fee - less frequent, for very specific scope of services - Multiple of Direct Personal Expense - material/labor by designer |
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What are the 10 parts of a contract? |
1. Preamble (date, parties, description & compensation). 2. Basic Services - Scope of Services 3. Additional Services 4. Owner's Responsibility (ex. provide surveys) 5. Reimbursable Expenses 6. Method of Payment 7. Indemnity Clause - Hold harmless in event of liability claims 8. Conclusion (termination clause, limits of liability) 9. Successors & Assigns - if business/property are sold, someone dies. 10. Signatures |
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What is the basis for the law of tort? |
the legal doctrine of fault or breach of duty |
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What is a tort? What are the two basic categories? |
A civil wrong for which a court will grant a remedy; finds someone at fault for someone else suffering from damages. Intentional Tort: includes misrepresentation of facts, deceit, and defamation of character. Unintentional Tort: deals with negligence. |
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What is negligence? What are the 4 legal concepts associated with it? |
Negligence: the failure to exercise care that a prudent person usually exercises. 1- Duty of Care - all persons owe a duty to others to conduct themselves with reasonable care. 2. Breach of Duty 3. Causal Connection: Proves negligence, a connection between breach of duty and DAMAGE. 4. Damages: Actual damages. |
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What is Duty of Care? What are the two special types associated with design professionals? |
Duty of Care - all persons owe a duty to others to conduct themselves with reasonable care. Doctrine of Respondent Superior: Employers are liable for their employees when they are performing within scope of employment duties. Doctrine of Gratuitous Service: Volunteer & free services carry the same responsibility as those with a fee. |
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What are two types of negligent breach of duty? |
Affirmative Acts - Giving incorrect advice/issuing drawings/specs that cause damage. Failure to Act (Errors & Omissions): Failing to provide advice/information that results in damage. |
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Define: Compensatory Damages Consequential Damages Liquidated Damages Injunctions |
Compensatory Damages: Puts both parties in the same position they would be in if the contract had been performed. (??) Consequential Damages: Damages occurring from circumstances known to one party at agreement signing. Liquidated Damages: Not getting work done on time. Injunctions: Orders issued by a judge to prohibit a person from performing a specific activity. |
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Caveat Emptor |
Buyer Beware |
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Comparative Negligence |
Wrongdoers should pay proportional to the damages. |
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Exculpatory Clause |
A contract provision that relieves a party of liability |
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Indemnity |
A promise to hold a person harmless from liability or loss |
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Latent Defect |
A construction defect that is not perceptible by ordinary observation. |
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Lis Pendens |
A document recorded in the County Recorder's office that gives public notice of litigation involving real property |
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-Lack interpersonal relationship skills -poor communication -faulty problem solving -faulty administrative decision making have WHAT in common |
they contribute to litigation issues |
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How can you avoid claims of negligence? |
ROUTINE Business Record Keeping (consistent, standardized record keeping that is clearly part of a routine is very important) This can include written documentation of: decisions, instructions, changes, progress check points, inspection results. |
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What is the difference between LITIGATION and ARBITRATION? |
Both are to solve conflicts. Litigation is through the legal system, with a judge. Arbitration is the SETTLEMENT of a POTENTIAL CLAIM through an impartial mediator, board or other party. |
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What is liability insurance? |
Liability insurance protects a professional against large monetary claims due to claims of negligence. |
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What is general liability insurance? |
The most basic type of commercial insurance; limited to liability associated with BODILY HARM or PROPERTY DAMAGE located at customer's location/professional's place of business. |
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What is professional liability insurance? |
ERRORS AND OMISSIONS INSURANCE protects against loss from a claim of alleged negligent acts, including errors and omissions in the performance of services (loss of client data, claims of non-performance) |
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Worker's Compensation Insurance. What is it? |
Coverage of INJURY to employees on the job. Required by regulation in most states for W2 employees. |
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Fidelity or Commercial Dishonesty Bond. What is it? |
Covers for when an employee STEALS money, equipment or other assets from a firm or client. |
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Employment Practices Liability Insurance. What is it? |
Protection against allegations of discrimination, wrongful termination and sexual harassment. |
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What does Force Majeure mean? |
An Act of God, beyond control of one of the parties, which may (according to contract terms) relieve that party of liability for failing to execute the contract. |
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When does the bidding process begin? What are the associated documents? |
When CDs are done and the Owner is ready to hire a Contractor. Construction Docs (+Tech Specifications) + Bid Docs = Contract Docs |
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What does the INVITATION TO BID Form include? |
-project info, timetable for bid period -feeds for document sets, bid security, bonding requirements, wage rate info, equal opportunity employment. |
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What is included in INSTRUCTIONS TO BIDDERS? |
-Bidder qualifications -site access -pre bid conference -asking questions -bonding requirements -deadline/submission info |
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What is in the BID FORM? |
Completed by Contractor, lists: -base bid price -alternates (additive or deductive) with price -provisions for additional work (unit price) -signatures, certifications -often: contract period (liquidated damages provisions) |
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What is in the BID BOND? |
Stated amount of bond from owner to contract, signed by the contracting firm and "surety firm" |
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Agreement |
Contract |
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Performance Bond |
Assurance that Contractor will complete the work following the contract |
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Payment Bond |
Assures that the Contractor will pay subcontractors & material suppliers; the owner will not be held for contractor default |
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Certificate of Insurance |
Certifies the Contractor has adequate insurance (workers comp, owners protective liability, auto liability, general liability) |
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Standard General Conditions & Supplemental General Conditions |
Standard: generally uniform throughout the state Supplemental: generally uniform for local governmental unit Inserted in the specification book by the designer without alternation. Includes LEGAL REQS of all parties to the contract. |
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Standard General Conditions details legal requirements for who? What does it include? |
Owner, Contractor, Designer. -definitions, team responsibilities, bonds, insurance, site info, changes in work/contract, arbitration, payments |
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Equal Opportunity Requirements & Certifications |
Local government requires a % for MBE, WBE, DBE State DOT and local EEO offices provide certificates Good faith effort can be modified. These laws only apply to government construction and "procurement contracts"(?) - not private construction. |
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Prevailing Wage Rages |
Where union labor requirements are in effect, provides a list of trades and the prevailing union wage by trade, geography. |
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Addenda |
Change during the bid period, up to five days prior to the bid opening. |
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Agreed Price |
An alternative to Stipulated or Contract Unit Prices. These are adjusted from the contract price by agreement between the Contractor and Owner. |
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Allowance |
Estimated price of things in the pre-design phase, like lights. |
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Alternates |
Additive or deductive adjustments in the scope |
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Base Bid |
Exclusion of alternates |
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Contract Unit Price |
A unit price stated on the bid form by the contractor that is the amount he will charge for that item.
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Stipulated Unit Price |
A unit price stead in the Contract Documents (usually on the bid form) by the owner that is the amount that will be paid for that item. |
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Surety Bond |
Any type of bond issued by an insurance or bonding company which assumes financial liability in case of Contractor breach of contract. |
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What is the Designer's role in Bid Evaluation Process? |
-Review Contractor bids and documents -Advise the owner on selection of a Contractor |
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What is a bid tabulation? |
In the Bid Evaluation Process, the designer creates a bid tabulation of all bidders, to compare: base bid, alternates (additions, deductions), and contract unit prices. |
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How does a Designer analyze the bid tabulation? |
The designer studies the 3 lowest bidders in the bid tabulation for their qualifications. Qualifications include: credentials, bid security, licensing, EEO, and other submittal requirements, REFERENCES. -> Makes a recommendation to the owner! |
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What is the Critical Path Method/Critical Path Analysis? What does it include? |
CPM is a method for scheduling a project in the most efficient way. It includes: 1-all the tasks required in a project 2-the duration of each activity 3-dependencies between activities |
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What is the critical path? How is it defined? |
The Critical Path is the longest duration of tasks for project completion, which results in the shortest time possible to complete the project. The path is defined by tasks that are dependent on one another. Parallel non-critical tasks will not impact overall project duration. |
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How is a Critical Path Analysis created? |
-List out the tasks -arrange them in order of dependencies -draw a network diagram -estimate completion time for each activity **identify the critical path (the longest path) |
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What is a Gantt Chart? |
A Gantt Chart is a graph of tasks and timelines. |
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What is a PERT Chart? |
A diagram of milestones and timelines. |
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List the GENERAL DUTIES & ACTIVITIES of an RLA under contract? |
-familiar with the Contract Docs -understands limits/tolerance of materials & workmanship -conducts the pre-construction conference -minimize delays -insures compliance with Documents during construction -reviews the contractor's schedule, work in progress & completed work -interprets, modifies and corrects the contract documents -authorizes payments To contractor -updates Owner |
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How does an LA handle QUALITY COMPLIANCE REVIEW in construction? |
-Rules on proposed substitutions and rejected work -Rules on quality/acceptability of material, workmanship, progress, and fulfillment of contract -Identify potential/real problems. Notify Contractor and Owner ASAP -does NOT supervise/control means, methods, techniques, sequence, procedures of construction |
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How does an LA do FIELD OBSERVATION? |
-Review & inspect work during install (not after) -Notify Contractor when visiting -Address comments to SUPERINTENDENT of GENERAL CONTRACTOR (not subordinate/sub-contractors) -Reviews & Rules on function and aesthetic of workmanship -Verifies that quality meets documents |
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When are the General Site Construction Milestone Reviews? |
-Site preparation, grading, drainage -Layout of site elements -Paving Surface/hardscape -Steps and walls -Wood construction -Irrigation -Furnishing -Soil prep and Planting -Final inspection |
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How does an LA manage Project and Construction Documentation? |
-Record keeping -Meeting notes -Site observation Reports -Change Orders -Inspection & Test Reports -Punch Lists -Record Drawings -Final Acceptance |
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What are the Owner's responsibilities/rights in the Construction process? |
-submit claims to LA for review & action -make changes for cost savings -hire an independent construction manager to be on site most days -have the LA serve as the owner's agent -Pay contractor for completed work -issue stop work orders to the contractor |
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What are the duties and responsibilities of the Contractor? |
-Build with appropriate level of workmanship, on schedule! -Assert control over means, methods, techniques, sequence of site construction -Supply all labor and materials necessary -Supervise & Coordinate trades on site -Take responsibility for quality on site -Schedule arrival of materials -Guarantee materials free of damage, replace if within a specified amount of time -Comply with all laws/codes -Protect on-site materials to remain -Record Drawings and Punch Lists |
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What are the duties and responsibilities of Regulatory Agencies? |
-Assure the health, safety and welfare of the public -Review construction for code & ordinance compliance. |
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Who performs Code Compliance reviews as part of the permitting process? When do they occur? |
Agencies including fire, planning, building, engineering and police will review plans at different stages. Development Review is for mass, scale, larger-grained issues. Building Permit is much more detailed. |
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What is an Occupancy Permit? |
The review agency deems the property safe for public access, and all issues with prior reviews have been resolved by the Developer/Owner. This means the public can now enter the site. |
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What types of reviews does a public building require? |
Accessibility, seismic upgrades, especially during renovations. |
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What is the purpose of Value Engineering? |
- assessing potential technical problems - Cost saving efforts - Can be reviewed by a third-party - Best during the design development phase |
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What is the purpose of a Constructability Review? |
- During 60-90% completion of design documents - Review for a more efficient construction process, which can cut costs, shorten schedules and identify potential problems |
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List (6) Methods for Construction Observation. |
- Written Communication, with Contractor, incl: RFIs, Submittals, Field Reports - Photographs - Site visits - Process Meetings & minutes - Review & Update of Schedules & Budgets |
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List the primary project phases, from a designer's perspective. |
- Program Development - Site Evaluation & Selection - Schematic Design - Design Development - Regulatory Review & Permitting Processes - Construction Documents - Bidding (&Evaluation, Selection of Contractor) - Site Construction (& Evaluation) - Post Construction Evaluation |
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Cost Estimating |
Cost estimating is typically done throughout the project phases, becoming more and more refined with each milestone. Intent is to ensure that the estimated project cost is in line with the budget. |
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Approvals |
Approvals occur throughout design and construction processes, notably needed to mark the completion of each milestone before moving to the next. |
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Permitting |
Permitting processes provide agencies an opportunity to ensure regulatory approval and compliance at different stages of the design. Ex. Building Permit (just before construction begins); Occupancy Permit. |
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What are the objectives of post occupancy evaluation? |
- technical - energy efficiency, accessibility - architectural - aesthetics, materials, details - social science - does the way it's used meet the intent of the design? |
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What are the 3 types of post occupancy evaluation? |
- indicative - identifying strengths and weaknesses - investigative - understanding cause and effect - diagnostic - understanding the relationship btw. environmental measures and user responses |
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ASI |
Architect's Supplemental Instruction: - an order issued by a designer post-field observation to contractor to execute an action. -Can or cannot affect cost stipulated by the contract -Change in cost must be put in writing and reviewed before doing the work. |
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Change Order |
A significant change to the construction process that would affect the timeline/schedule, scope, cost of the project. - Requires written agreement of cost changes by owner and contractor. |
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Changes Proposal Request |
- A document from Designer to Contractor asking for itemized cost and time required for a change |
