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122 Cards in this Set
- Front
- Back
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As the construction administrator, what are the responsibilities of the Landscape Architect?
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-check the quality of work and make sure it meets code and the specifications of the contract. -resolving any problems that arise in as quickly a manner as possible |
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components of contract supervision include
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selection of contractors
award of contract acceptance of work completed |
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components of design development include:
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schematic designs
feasibility studies preliminary estimates |
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components of design implementation include:
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components of programming and analysis include:
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site selectionsite inventory and analysis
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Does CLARB work with A.S.L.A. in developing the L.A.R.E?
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No
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if a contractor provides unsatisfactory work, how long may the owner withhold payments?
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until the situation is rectified
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if contacting the employer about unsafe working conditions fails, who should be notified?
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O.S.H.A. who will then bring in an inspector to assess the situation
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List the reasons a contract may be terminated
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over the course of a project's design and installation, a landscape architect is responsible for:
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-keeping a record of the designs
-analyze environmental conditions -plan the design -observe construction progress |
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over the course of a project's design and installation, the contractor is responsible for:
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obtaining all permits and installing the desing
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over the course of a project's design and installation, the owner is responsible for:
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-setting the budget
-providing goals and objectives |
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public bids usually have what type of requirements?
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-complete and thorough bids
-specific types of advertising -specific bid due dates -times and a requirement to select the lower bidder |
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Reasons a landscape architect can lose their license include:
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reasons for keeping a retainer
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-unsatisfactory work
-failure of the contractor to do the work -damaged property -compliance with the mechanic's lien |
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same as time and materials agreement except that there is a maximum limit on the amount of money that the design firm can get paid for its services
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time and materials with a maximum not to exceed payment agreement.
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the pay rate for the labor is negotiated beforehand when the payment method is time and materials.
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true
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There is a limit to the amount of time that can be spent on a project when the payment method is time and materials
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false
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time and materials with maximum not to exceed payment agreement encourages the design team to be efficient.
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true
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time and materials with maximum not to exceed payment agreement helps keep the costs down for the client
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true
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What are some of the benefits of a Joint Venture?
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It allows two companies to share resources, combine expertise and capital
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what are the benefits of a corporation
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it provides security of one's personal assets in the event of a lawsuit against the firm and will still exist in the event of one of the partners leaving the company
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What are the components to a bid?
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-the invitation to bid-the instructions to bid
-a detailed bid form-assorted bonds |
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what are the responsibilities of the landscape architect operating in the capacity of a construction administrator?
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-observe work being completed on site
-recommending whether to accept or reject the work being done. |
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What does the Certificate of Occupancy state?
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That the building complies with all local codes and is in condition to be occupied.
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What doesn't CLARB do?
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Set the minimum requirement that each state must require in order to become licensed
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What is a graphical representation of the project at hand that details the proposed construction?
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the shop drawings
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What is CLARB's role?
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Assist state registration boards
Compile Professional records Develop the L.A.R.E Provides services, which tests the examinees and provides the results to each individual state boards |
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what is discussed at a pre-construction meeting?
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-permits
-material testing -duties of those involved -due dates |
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what is included in a closeout package?
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-guarantees
-inspection certificates -as-built drawings -maintenance agreements |
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what is included in the base bid?
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-overhead
-labor -equipment -site preparation -materials |
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What is included in the instructions to bidders?
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-the start date of the project-the time and place to submit bids and any product substitution information
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What is needed in order to begin using a building after all the work has been completed?
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A Certificate of Occupancy
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what is the minimum amount that contractors are required to pay their employees on a federally funded project?
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The prevailing wage, which includes salary and benefits in the price.
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when does a pre-construction meeting take place?
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after a bid package has been sent out and a contract has been signed
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When is a writ of execution granted?
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When the defendant refuses to pay the judgement and may result in a levy against the defendant's property.
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when should Record Drawings be done?
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also called as-built drawings, should be recorded contemporaneously with the execution of work being done on a job site.
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Which takes precedent, written contracts or verbal contracts?
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written contracts
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who is responsible for hiring subcontractors?
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The contractor
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who is responsible for safety on the construction site?
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the contractor
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Who issues A Certificate of Occupancy?
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The local building department
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who provides shop drawings?
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the contractor or manufacturer that provided the details of an item to be installed
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who should be contacted first if working conditions are hazardous, and is responsible for providing a safe working environment?
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the employer
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who's responsibility is it to make the final decision on whether the work is acceptable or not, when the L.A. is construction administrator, L.A. or owner?
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the owner
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when a cost plus contract is approppriate
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- used when the actual costs of a project are difficult to estimate with accuracy
- plans may not be complete - project cannot be accurately portrayed - project could be needed to be complete within a fairly short time period and the plans and specs cannot be completed before construction starts - almost exclusively in the private sector |
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When to use separate contract method
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- availability of competent construction mgr
- where required specialty work is restricted to a few types of construction - not widely used |
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When unit price contracts are appropriate
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- when project is fairly well definedbut actual quantities may be difficult or impossible to estimate with accuracy after construction has started
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This governs in the case of a conflict between plans and specs
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specs
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three types of hold harmless agreements
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1 - limited form indemnification
2 - intermediate form indemnification 3 - broad form indemnification |
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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
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right of way
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typical instructions relative to the writing of bid(8)
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- bids must be submitted on forms provided
- erasures must be initialed by the signer - all items in the bid schedule must be priced - alternatives are not considered unless called for - discrepancies between the unit price and the extended amount are discussed - can the bid be mailed? - can bid modifications be made? - submission policy must be followed |
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typical project completion phase(9)
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1 - major construction work items are completed
2 - punch list prepared 3 - substantial completion- owner may occupy- warranty for project begins- time of completion marked- time is marked for filing liens- last periodic payment is requested 4 - punch list items addressed 5 - final inspection conducted 6 - final completion defined 7 - project accepted 8 - release of retainage requested9 - final payment |
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typical subcontractor agreement provisions (3)
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- subcontractors will be paid:
1 - after completion of the work 2 - after acceptance by architect/engineer 3 - after full payment of the work by the owner |
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Risks of professional construction management contract
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- CM is responsible to the owner to complete project on time and budget
- similar to GC method - firm enters contract prior to design completion |
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Self-performance method
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- force account work
- owner self-perform construction work/do work in house - no written contract - just the owner and workers - owner as manager - appropriate for projects small in scope, simple, ongoing and maintenance projects - criticized when public owners decide to do projects by self-performance |
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Separate contract method
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- multiple prime contracts method
- owner contracts directly to specialty contractors for various jobs - appropriate if owner has in house capabilities to manage construction project - owner keeps profit that would have gone to general contractor |
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signatures on change orders
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- owner
- architect - contractor |
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Specifications in the broader term of the contract....10
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1 - invitation to bid
2 - instruction to bidders 3 - general conditions 4 - supplementary conditions 5 - bid proposal form 6 - bid bond form 7 - contract bond form 8 - list of prevailing wages 9 - noncollusion affidavit 10 - technical specifications |
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private sector advertisements for bids
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- owner can choose a contractor by any means
- public advertising is frequently used to obtain the advantages of open and free competition - owner can elect to negotiate with a particular contractor - owner can create a select bidders list who are then asked to bid on the project |
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process of change order
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- Owner issues modification
- GC reviews proposed change - GC finalizes estimate for changes - Owner evaluates price proposed - owner issue form change order to the GC agreed price/cost -plus basis OR owner decides not to issue change order |
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professional construction management
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- owner hires firm with construction expertise
- on large complex projects - permits flexibility for changing |
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Project Manual consists of... (4)
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1 - bidding documents
2 - general conditions 3 - supplementary conditions 4 -technical specifications |
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positives of cost plus contract
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contractor almost always assured of not losing money
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payment in lump sum
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contractor asked to break down the project into a variety of work items and to allocate the appropriate payment to be made for each item
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payment in unit price contract
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- usually contractor will request payments on the basis of measurements of in-place quantities
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On private works projects the design ownership is assigned to either the owner or designer in the....
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contract you idiot
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On public works projects the design ownership is assigned to the,...
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owner
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only time a contractor can terminate a contract due to delays
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- when the owner delays in issuing a certificate or a delay in making payments
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notice to contractor may be called either
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notice of award
- start date is usually specified here notice to proceed |
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lump sum projects are particularly vulnerable for the following reasons...
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- prices can increase
- labor difficulties can arise - subsurface conditions may be different than expected - government policy may change, affecting the ability to borrow |
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lien discharged in two ways
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foreclosure or elimination
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it is common for changes clauses to include the following items....(4)
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- owner has the right to make changes within the general scope of the contract
- contractor is obligated to perform the work necessitated by the change - the change must be in written form and must be signed - an adjustment to the contract price and/or contract duration will be assessed by some means, or can be predetermined |
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in the case of a conflict between the plans and specs the conflict will be resolved by the....
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architect
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General Conditions do the following...
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establish the rights, authority and obligations of the contracting parties: the owner, the owner's representative, and the contractor
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General contract method
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- between owner and general contractor
- owner represented by firm (contract documents) |
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how to avoid liens
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- owners can post a notice of nonresponsiblity
- no lien contract - owner can require the contractor to furnish an affidavit that all the bills related to a project have been paid - owner can demand to see receipts - owner can require GC to pay the subs before he gets paid - owner can keep retainage |
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disadvantages of bid process
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- accurate costs cannot be known until the design is completed
- bids that exceed owners budget cannot be readily accomodated - various parties tend to be adversarial under this process - errors or ommisions in the design may lead to costly change orders |
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disadvantages of cost plus contracts
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- owner has little idea of what actual cost of project will be
- owner must maintain additional staff to monitor the progress of contractor |
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Disadvantages of General Contract
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- often extends project duration
- leads to tight bid and small profit margins - incentive for general contractors to cut corners on performance - inflexibility - high probability of claims for owner |
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disadvantages of lump sum
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- construction of project is delayed while plans are completed
- errors in plans will be costly because they result in extras |
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disadvantages of unit price
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- owner is not certain of the actual cost of the project until the project is completed
- plans must be reasonably complete in order for the bidders to develop unit prices for all the bid items |
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Describes the preparation, workmanship, installation, erection, and application procedures to be employed along with quality requirements and performance criteria that must be satisfied
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Execution Specs
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describes the product or products and the development and manufacturing process to be used in producing them
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Product Specs
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criticism of liens
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- they are complex and take a long time to process
- inconsistent between states - no guarantee of payment and are often useless- severe means of collection if the debt is small |
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construction contract documents include....(6)
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1. construction agreement
2. drawings 3. general conditions 4. supplementary conditions 5. technical spec's 6. addenda |
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conditions must be met for a tort to occur
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- one party owes a duty to another party
- the party does not conform to the standard (breach in performance of the duty) - the second party is harmed by the act or failure to act - there is a clear casual relationship between the act and the harm that results |
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Can be authorized by personnel in the field without direct owner approval
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field change
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arrangment of the three parties in a surety bond
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surety
- the bond company obligated to perform or pay when principle doesn't performprinciple - general contractor whose performance is promised or guaranteedobligee - owner who is promised the performance |
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Another names for Design specifications
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method and materials specs
prescriptive specs material and workshop specifications |
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Agent is appointed to act for the principle and is authorized to...
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do only what the principle wants
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agent is responsible for actions if
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they are not authorized by the principle
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additional work must be from a change that...(3)
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- should not have been anticipated
- was not open to observation - could not readily be discovered until work under the contract was undertaken |
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advantages of bid process
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- owner benefits from competitive market place
- owner has appearance of being impartial - process full embraces the fundamentals of free market - may be only viable method for some government agencies |
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Advantages of design-build
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- owners keep savings in public sector and share savings in private sector
- eliminate potential for being embroiled in disputes between design and construction firm |
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Advantages of General Contract
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- reduce cost for owner when contractor has unique skill set
- only method that gives owner a firm idea of final cost prior to construction phase- clearly defined roles for each party - owner minimizes contractual liability for cost overruns and late project delivery |
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advantages of joint ventures
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- increase bond capacity
- gain familiarity with the local labor market be enlisting the services of a local firm - increase capabilities - pool equipment resources - increase available capital |
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advantages of lump sum
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- plans are completed
- price is what it will be - good for limited budgets |
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agency agreements consist of
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1. agent
2. principle |
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Agency agreements vs contracts
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similar in that they contain the same basic elements
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Acts agents cannot perform
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- anything personal in nature
- anything illegal - immoral acts - acts opposed to public policy |
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10 common things on a bid form
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- price (lump or unit)- time of completion
- bid surety - agreement to provide contract surety - acknowledgement of having reviewed addenda - list of subcontractors - experience record - declaration regarding fraud and collusion - statement regarding site examination - signature |
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12 rules to bidding
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1 - follow instructions as in last card
2 - contractor MAY be required to submit an experience record 3 - instructions clearly list all documents part of the bid document 4 - construction time period spelled out 5 - instruction indicate who is responsible for geotech 6 - requirements of bid guarantee outlined 7 - insurance to be provided by contractor is stipulated 8 - bonding requirements given 9 - conditions for handling bid irregularites are stated 10 - where and when to deliver bids 11 - closed or public opening of the bids indicated 12 - a prebid conference MAY be described |
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12 things typically in notice to bidders
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- nature or type of project
- location of project - type of contract for construction- bonding requirements - dates in which to perform work- terms of payment - estimated construction costs - time, manner, and place to submit bids - location to obtain bid documents - deposit required on bid documents - owners right to reject any and all bids - requirements regarding wage rates |
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3 types of construction CONTRACTS
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1 - unit price
2 - cost plus 3 - lump sum |
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3 types of delay categories
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- delays caused by the contractor or contractor's agents
- delays caused by the owner or the owner's agents - delays caused by the force majeure or acts of god |
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4 construction categories
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1 - housing (private)
2 - building (non-residential, public and private) 3 - Engineering (civil works projects, public) 4 - industrial (private) |
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5 types of contracting procedures
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1 - General Contract Method
2 - Separate Contracts Method 3 - Self-performance Method 4 - Design-build method 5 - Professional construction management |
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6 examples of torts
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failure to exercise care in the exercise of one's duty to another |
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9 ways an agency is terminated
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What are the six requirements for a contract to be valid?
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Some contracts must be in proper form or must be in writing though courts will support an oral contract |
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Who is responsible for the accreditation of landscape architecture programs?
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ASLA
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Construction Manager at Risk
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Construction Manager-Agent
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contractor + designer agree to provide a finished building at a given time all the owner has to do is _______________ many HUD projects are this
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TURNKEY CONTRACT
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If a landscape architect approves a request for payment that includes services that have not been performed yet...
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they are covered by errors and omissions insurance and therefore is held responsible
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Who writes a "letter agreement contract?"
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The consultant
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Specs vs Drawings
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In the event of conflicting information, specs prevail because they contain more detail and specificity.
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What are the basic servies of a scope of work?
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Project programming, schematic through final design, construction documents, and construction administration
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What are some additional services in a scope of work?
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post-construction evaluation, display model building, marketing material design, landscape maintenance programming
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What is another name for a Mechanics Lien?
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Labor and Materials Lien
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INDEPENDENT BOARD VS JOINT BOARD
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licensure board can be controlled by solely landscape architects vs other licensed professionals (arch, engineer, etc)
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A document issued by the LA directing the contractor to erect some portion of the building in a manner different than described in the original plans + specs is this_____ if it does not have an effect on price and/or time, it is a _________
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CHANGE ORDER
FIELD ORDER |
