L.a.r.e Section A

Front 1

Define the problem definition stage of a project

Back 1

Define the client and the user

Determine the type of solution expected

Front 2

Registered Landscape Architects shall limit their services to

Back 2

Those aspects of the profession for which they have expertise

Front 3

What is necessary to form a valid contract?

Back 3

Mutual agreement
Capacity to perform in manner proposed
Consideration of exchange of promised value
Genuine intent to proceed

Front 4

Third Party Claim

Back 4

may result when a neighbors property outside the limit of work is damaged

Front 5

During the course of construction, the landscape architect discovers an error in
the construction that may cause a portion of the project used by the public to fail. The
landscape architect informs the client, but the client refuses to allow corrections to be made.
The landscape architect should do which of the following?

Back 5

I. Report the problem to the appropriate building official.
III. Refuse to go along with the client's decision.
IV. Terminate services on the project.

Front 6

Liquidated Damages

Back 6

must represent a reasonable measure of actual damages suffered by the owner.

Front 7

Regard to professional Liability

Back 7

Liability will increase with increased scope of work.

It is governed by general principles of law.

Professional liability can be looked upon as inhibiting design.

NOT TRUE: A client is more likely to sue if he/she thinks the landscape architect will be paying
the claim rather than the insurance company.

Front 8

General Conditions

Back 8

The basic rights and responsibilities of the landscape architect during the
construction of a project

Front 9

Plans and specifications may contain discrepancies or deficiencies that may
lead to

Back 9

I. Request for information (RFI)
II. Drawing and/or specification correction
III. Change orders

Front 10

Instructions to Bidders

Back 10

• pre-qualifications data
• instruction on procedure to be followed in writing the bid
• a list of plans and specifications and a detailed estimate of quantities for unit-price contracts or an
exact definition of the scope of the work if the contract is lump sum
• time of completion of work including starting date and the number of calendar days allowed for
completion
• responsibility of owner or bidder for accuracy of bidding information; unless stated otherwise, the
owner is held for accuracy of information
• reference to authority for accomplishing the work and other legal considerations involved
• miscellaneous instructions relative to unique features

Front 11

Bid Notice

Back 11

• work to be done and its location
• owner, name and address
• landscape architect, name and address
• date, place and time that bids will be opened
• restrictions on submission, change or withdrawal of bid
• character of the bid, e.g. lump sum or unit-price
• work items and quantities
• bond amount
• contract surety - does the contractor have insurance
• conditions of payment
• information where plans and specifications may be obtained

Front 12

Bid or Proposal Form:

Back 12

Prescribes the method to be used in preparing the bid. The form should contain
the following:
• price for which contractor offers to perform the work
• completion time
• bond
• contract surety agreement
• additions to plans and specifications
• list of subcontractors
• experience record, financial statement, plant and equipment
• declaration that no fraud or collusion exist
• statement that the site has been examined and that the plans and specifications are under-stood
• signature and witnesses
Acknowledgement of addenda recieved

Front 13

Bonding Capacity

Back 13

The most important factor by which to pre-qualify a bidder.

Front 14

Potential for change orders

Back 14

differing site conditions
design changes
unavoidable factors affecting time of completion

Front 15

Construction Change Directive

Back 15

is used in the absence of total agreement on the terms of the change order

Front 16

Contractor must submit before receiving final payment

Back 16

1. affidavit that payroll and material bills have been paid
2. Surety's consent to make final payment
3. Release and Waivers of liens

Front 17

What occurs at substantial completion

Back 17

1. Owner may occupy the premises
2. Warranty for project begins
3. time for completion is established
4 last progress payment is requested

Front 18

Title laws:

Back 18

Laws that prohibit non-licensed individuals from utilizing the title "Landscape Architect."

Front 19

Practice laws:

Back 19

Laws which prohibit non-licensed individuals from providing or advertising the
services of a landscape architect. These services are usually specified in the licensing law.

Front 20

Title and practice laws:

Back 20

Several states have both title and practice laws that govern landscape
architecture as a profession.

Front 21

Negligence

Back 21

negligence is a failure on the part of one person to exercise sufficient care or precaution to
protect the health and safety of another person. The following are required elements of negligence:
• an injury to the health and safety of another caused by a failure to exercise reasonable care in
performing an act or in performing an act which is not reasonable to perform.

Front 22

Meeting Agendas

Back 22

Key Issues to be resolved to keep the project moving forward

Allow adequate time for discussion

schedule should anticipate unforeseen issues arising which require some time

Front 23

Corporate Power

Back 23

is the authority to collect revenues(from bonds, fees, taxes, and assessments) and to spend these monies to provide services and facilities such as roads, water and sewage facilities, parks, ect.

Front 24

Police Power

Back 24

is the authority to regulate citizen behavior in order to promote the health, safety, and welfare of the public.

Front 25

General Plans

Back 25

consists of a statement of development policies and includes diagrams and text setting objectives, principles, standards, and plan proposals

Front 26

General Plan Characteristics

Back 26

Physical
Long Range
Comprehensive
Statement of Policy

Front 27

General Plan Elements

Back 27

Land Use Element
Circulation Element
Housing Element
Conservation Element
Open-Space Element
Noise Element
Safety Element

Front 28

Concurrency

Back 28

is the term that needed services be in place or planned for before new development is approved

Front 29

Eminent Domain

Back 29

the taking (with due compensation) of private land by a government agency

Front 30

Occupancy Permit

Back 30

is issued after the reviewing agencies are satisfied that all like safety and compliance with conditions or earlier permits have been resolved by the developer/contractor

Front 31

Post-Occupancy Evaluation (POE)

Back 31

involved the systematic evalution of opinion about built environments in use, from the perspective of the people that use them. It assesses how will the buildings or spaces match the needs of the users, and identifies means of improving, performance and fitness for purpose

be seen as a learning tool for future projects

reducing design and maintenance costs

enhancing user satisfaction, comfort and performance

increase payback

evaluation of sustainability in desing

why attract more people

success, strengths and failures

Front 32

Common Phases of Post - Occupancy Evaluation

Back 32

Entry and Initial data collection

determining the research goals

Collecting Data

Analyzing Data

Presenting Information

Front 33

Types of POE

Back 33

Brief Indicative POEs

Detailed Investigative POEs

Diagnostic POEs

Front 34

Malfeasance

Back 34

refers to an erroneous professional action taken by a public official

Front 35

Misfeasance

Back 35

management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from "malfeasance" which is conduct in violation of the law.

Front 36

Remand

Back 36

1. (Law) law (of a court or magistrate) to send (a prisoner or accused person) back into custody or admit him to bail, esp on adjourning a case for further inquiries to be made

2. to send back

n
3. (Law) the sending of a prisoner or accused person back into custody (or sometimes admitting him to bail) to await trial or continuation of his trial

4. the act of remanding or state of being remanded

5. (Law) on remand in custody or on bail awaiting trial or completion of one's trial

Front 37

Indemnification

Back 37

indemnification is the part of an agreement that provides for one party to bear the monetary costs, either directly or by reimbursement, for losses incurred by a second party.

typically not addressed in the specifications

Front 38

Case Law

Back 38

1. (Law) law established by following judicial decisions given in earlier cases.

Front 39

Common Law

Back 39

A common law legal system is a system of law characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.[1] Common law systems also include statutes enacted by legislative bodies, though those statutes typically either codify judicial decisions or fill in areas of the law not covered by case law

Front 40

Clustering

Back 40

concentrates development in one are while avoiding another area

Front 41

Transfer of development rights

Back 41

is a program or an agreement for relocation of residential density, possibly including the right to transfer development offsite to another property

Front 42

Negation

Back 42

repudiation or canceling a prior action

Front 43

Abatement

Back 43

is the action that would be taken against a property owner to enforce code compliance. If authorizes removal of an improvement not allowed by code.

In some cases, abatement costs are eventually paid by the property owner after a lien is filed on the property records.

Front 44

Exoneration

Back 44

to relieve, as from an obligation, duty, or task.

When a landscape architect prepares to make a request for exoneration, the process in called substantial completion or final inspection.

Front 45

Reciprocity

Back 45

a situation or relationship in which two people or groups agree to do something similar for each other, to allow each other to have the same rights, etc. : a reciprocal arrangement or relationship

Front 46

Sunset Law

Back 46

periodic reviews of title and practice acts

Front 47

Clean Water Act

Back 47

implements the component program, the National Pollutant Discharge Elimination System, through the work of civil engineers and landscape architects via temporary erosion and sediment control measures.

Front 48

Floor Area Ration

Back 48

areas of all floors of all buildings compared to the total site area.

Front 49

Summary of Judgement

Back 49

A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.

Front 50

Gross Floor Area

Back 50

Total floor area contained with a building including the horizontal area of external walls.

Front 51

Interviewing Users

Back 51

A technique for forming project parameters

Front 52

Bid Allowance

Back 52

is used to sign a dollar amount to items that have not been specifically detailed

Front 53

Negligent

Back 53

is a failure on the part of one person to exercise sufficient care or precaution to protect the health and safety of another person.

The following are required elements of negligence
- An injury to the health and safety of another caused by a failure to exercise reasonable care in performing an act or in performing an act which is not reasonable to perform.

Front 54

Cost-Plus Contract

Back 54

it allows the owner to aquire best product to budget outcome.

Front 55

Post-Construction Evaluation

Back 55

- helps determine in an outdoor-use area in meeting the needs of the owner
-should be seen as a learning tool for future projects

Front 56

Third Party Claim

Back 56

happen when neighbors property is damaged during construction,

Front 57

Signatures needed to finalize a change order

Back 57

contractor and owner

Front 58

Aerial Topography shows

Back 58

-Slope
-Vegetation
-Drainage
-Structures
-Streams
-Circulation

Front 59

Functional Diagram

Back 59

the best and most appropriate relationship between function and space

Front 60

Key Sociological Influences on design

Back 60

Adaptability
Accessibility
Health and Stress
Context

Front 61

Wanton

Back 61

done, shown , used maliciously or unjustifiable

Front 62

The purpose of an __________is to:

-Define the employees work responsibilities
-Primarily protect the firm from employee action
-Identify terms, such as severance pay, when an employee leaves voluntarily or is asked to leave

Back 62

Employee Agreement

Front 63

List the order of the following activities occur

-work plan
-scope of services
-RFP
-budget

Back 63

1. RFP
2. Scope of Services
3. Work Plan
4. Budget

Front 64

To perform landscape architectural services in a state you must.

Back 64

be a registered landscape architect
and
be a licensed landscape architect

Front 65

You have the legal power to bind the principal to the decisions you make with a third party.

Back 65

Fiduciary Responsibility

Front 66

What part of a professional services contract - relates to timing of performance?

Back 66

Part 3 - Scheduling

Front 67

What part of a professional services contract - discusses issues related to mediation and arbitration?

Back 67

Part 5 - Dispute Resolution

Front 68

What part of a professional services contract -includes such items as controlling construction costs?

Back 68

Part 2 - The Owners Responsibility

Front 69

What part of a professional services contract - refers to the design process?

Back 69

Part 1 - The Design Professionals Responsibility

Front 70

What part of a professional services contract - references reimbursable expenses?

Back 70

Part 4 - Methods of Compensation

Front 71

What part of a professional services contract - involves definition of final program requirements?

Back 71

Part 2 - The Owners Responsibility

Front 72

What part of a professional services contract - involves decisions related to designs?

Back 72

Part 1 - The Design Professionals Responsibility

Front 73

The term utilization rate is used to determine the

Back 73

efficiency of an employee

Front 74

A certification of payment contains information from which of the following documents?

Back 74

Change Order

Front 75

employee benefits

Back 75

payroll costs(DPE)

Front 76

include such items as sub-consulting fees and travel cost

Back 76

Direct Project Expenses

Front 77

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

Back 77

Direct Project Expenses

Front 78

represents the single largest cost in any billings

Back 78

payroll costs (DPE)

Front 79

includes rent, promotion and office operation costs

Back 79

general overhead (GOA)

Front 80

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

Back 80

Billables

Front 81

The certificate of substantial completion is completed by?

Back 81

the contractor and landscape architect

Front 82

What is not included in a Scope of Services?

Back 82

Client Involvement

Front 83

Type of chart that - Illustrates task interrelationships and important task interface?

Back 83

Isopach Chart

Front 84

Type of chart that - is simple and can show hours completed as well as duration of task and most common?

Back 84

Bar Chart

Front 85

Type of chart that - is simplest form of project management chart?

Back 85

Wall Chart

Front 86

Type of chart that - complex system that encourages active participation by all team members?

Back 86

C.P.M Chart

Front 87

Type of chart that - simple, does not show relationships?

Back 87

Milestone Chart

Front 88

Use when a project is clearly defines, is simple and with which you have considerable experience.

Back 88

Lump Sum

Front 89

Type of fee incorporated with other fees that can be used to cover up front expenses

Back 89

Retainer

Front 90

Usually used for open ended and hard to define projects

Back 90

Hourly Rate Times a Multiplier

Front 91

Encourages efficient management

Back 91

Lump Sum

Front 92

Cost plus fee

Back 92

best used when the drawings and specifications are not complete at the time of construction contract negotiation.

Front 93

Profit is separated and guaranteed.

Back 93

cost plus fixed fee

Front 94

The purpose of setting up project charts is to ?

Back 94

Maintain quality work
Monitor production activity
manage sub-consultant activities

Front 95

Joint Venture

Back 95

Joint-ventures are formed to create, from a legal standpoint, an single firm to do the work.