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Abatement - Answer ✔✔is the action that would be taken against a property owner to enforce code compliance. It authorizes removal of an improvement not allowed by code. Addendum - Answer ✔✔is used for a directive to change an agreement. Additive Alternatives - Answer ✔✔items not included in the overall project which may be added to the project at the owners request. Addressing Environmental regulation in construction specifications - Answer ✔✔Include all regulations that apply to the contractor's work. Specify exactly which parts of the regulations the contractor must address during construction, for the scope of the project, and how this will be accomplished. Administrative Agency Action - Answer ✔✔decision made by governor appointed boards that enforce landscape architecture regulations. Administrative Practice - Answer ✔✔is the type of professional assistance needed to respond to an action, such as refusal to renew a landscape architect's license, by a state board.
Aesthetic Design Control, - Answer ✔✔is a local, state, or federal government level program. Examples include a design board in a city, a state colleges design board, or a monuments commissions for federal memorial sites or national monuments. Affidavit - Answer ✔✔is a type of declatory statement similar to a deposition, except that it is simply a signed written (usually sworn) statement by an individual, not necessarily formally recorded by a court reporter. Agreement for Professional Services - Answer ✔✔between Consultant and Owner Allied Professions - Answer ✔✔Architects, engineers, and land surveyors are all state-licensed professionals, as are landscape architects. ALTA Survey - Answer ✔✔boundary survey prepared to a set of minimum standards that have been jointly prepared and adopted by the (American Land Title Association and American Congress on Surveying and Mapping). Additionally, it shows improvements, easements, rights- of-way, and other elements impacting the ownership of land. It is often prepared for commercial properties, as it will provide the title company with the information required to insure the title to the land and improvements to the high degree that a commercial development may require.
or a neutral party to facilitate talks and record the resolution after it is reached. Army Corps of Engineers - Answer ✔✔is in charge of overseeing the implementation of Section 404 of the Clean Water Act, which includes dredging and filling permits. As-Built Drawings - Answer ✔✔during the design and construction process, some items (such as irrigation plans) are left unspecified, or possibly shown graphically. Assignment - Answer ✔✔refers to transfer of an obligation or contract from one person or firm to another. Assignment with right of survivorship - Answer ✔✔is not a financial guarantee; it is a contract term related to contract survivability. This contract provision extends the life of a contract agreement beyond one or more of the original contract parties, to an heir or successor. It might only be the extension of an obligation to act or to refrain from action. ASTM Standards - Answer ✔✔govern the manufacture and testing of materials
Awarding Authority - Answer ✔✔Is the owner or the agent of the owner who awards an original building or construction contract, also know as the prime contract. This term is usually used with public works. Bid Bond - Answer ✔✔required bind that guarantees that the contractor will agree to the contract if his proposal is accepted, 5%
- 10% of bid amount Bid Breakdown - Answer ✔✔a cost itemization of the various construction phases of the project. Also referred to as a Schedule of Values. Bidder's Instructions - Answer ✔✔refers to documents that are not part of the technical specifications yet are added to the front of the project manual, which includes the technical and general specifications. The time and place to submit a bid can be found here. Other items found in this include the invitation to bide and the bid form. Bidding Phase - Answer ✔✔of a project, a contractor will use the construction documents, which include drawings and specifications, to bid the project. Any addenda would become part of the construction documents. Bidding Requirements - Answer ✔✔the initial document in a specification booklet; three elements: invitation to bid, instructions to bidders, and the bid form
Claimant - Answer ✔✔The person who is claiming or asserting the right or demand (the person who is claiming Mechanics' Lien of Stop Notice rights) Claim of Lien - Answer ✔✔(Mechanics' Lien) is a written statement signed and verified by the claimant or by the claimant's agent which must state the following: a. the amount of claimants demand (after deducting credits and offsets) b. the name of the owner or reputed owner, if known. c. The kind of labor, services, equipment or materials furnished by the claimant d. the name of the person by whom the claimant was employed or to whom the claimant furnished labor, services, equipment or materials (the contractor who hired you if you are a subcontractor or the owner who hired you if you are the prime contractor) e. a description of the site sufficient for identification. CLARB - Answer ✔✔Represents state licensing boards, as well as licensed landscape architects, nationally. Dispute resolution is not a service provided by this. Codes, covenants, and restrictions (CC& R's) - Answer ✔✔are private regulations that provide a long-term regulation process for the preservation of site attributes such as offsite views, waterfront views, existing vegetation, and existing hydrology
Codes, Regulations & Ordinances - Answer ✔✔Lowest hierarchy of law Written by administrative staff of federal, state and local government. Assist government authorities in carrying out the intent of the law, ordinance or statute. Commercial General Liability - Answer ✔✔insurance coverage type typically issued to contractors. Condition - Answer ✔✔are promises to do or not to do something, and the penalty for not following the set conditions is the taking back of the property by the grantor. Conditions and Terms - Answer ✔✔the contents of a contract document. Condominium Project Liability Control - Answer ✔✔Three reasonable and proven contract clauses are: 1) claim mediation, which is less expensive than litigation, 2) the client's agreement to waive claims up to a limit, such as the fee earned, and 3) indemnification, which limits third-party claims. Construction Claims - Answer ✔✔against landscape architects, three objective factors - standards of practice, licenses held, and promotional materials, are most commonly used in court decisions. This is verified by the experience of insurers, who see what courts actually use to make decisions in claims against professionals.
Consultant Agreement - Answer ✔✔scope of optional services may or may not be covered. Performance time limits should always be in an agreement, to limit liability. Jurisdiction for dispute resolution should be included , to make clear where and how the process of dispute resolution can be performed. Basic services should always be maintained in an agreement, or in an attachment or exhibit made part of the agreement. Consumer Product Safety Commission (CPSC) - Answer ✔✔is required by the Consumer Product Safety Act to rely specifically upon voluntary consensus for its consumer product safety standards, rather than to promulgate its own standards. Most frequently related to play structures. Contract - Answer ✔✔a written document involving a promise to be fulfilled, for a specific payment at a specific time. Contract Documents - Answer ✔✔working drawings, specifications, general conditions and form of agreement. Contractor - Answer ✔✔is licensed by the State in which the work is being done. They obtain a performance bond for the cost of the project to protect the owner in case of his default on the project. Covenant - Answer ✔✔is a promise to do or not to do a specific thing.
CSI Format - Answer ✔✔the most common format for specifications, it has 16 major divisions:General Requirements (of the project), Sitework (includes landscaping, irrigation, earthwork and associated utilities), Concrete, Masonry, Metals, Wood & Plastics, Thermal (moisture protection), Doors & Windows, Finishes, Specialties, Equipment, Furnishings, Special Construction', Conveying Systems, Mechanical, Common Law - Answer ✔✔is a system of laws originally developed in England that result in decisions based on customs and usage rather than codified written law. Decisions usually involve equity or specific instances that are not addressed by local codes. Concrete standards - Answer ✔✔in the United States, these standards are governed by the American Society for Testing and Materials (ASTM). The ASTM sets the standards and guidelines for many products used in the U.S. construction industry. Constitution - Answer ✔✔Highest Hierarchy of Law-federal and state Manner and means power shall be exercised Construction Observation - Answer ✔✔the primary role of the landscape architect during the this phase of a project is to ensure compliance with the intent of the contract documents. Construction Phase of a Project - Answer ✔✔any reference to supervision or inspection has been dropped from the job description of
Cons: Business activities limited to those specified in corporate charter. This can't be changed without approval by state body regulating corporation. Geographical area limited by state. Numerous reports for taxation. Certain actions made must be voted on. Subject to more taxes. Cost plus fixed fee - Answer ✔✔is similar to Percentage of Construction Cost and Percentage of Prime Consultant Fee, yet this method uses consultants's actual costs plus a negotiated lump-sum fee. While this fee method does limit some expenses (the fixed fee portion) to a client, it does not limit the overall cost of services delivered to the client. Cover sheet - Answer ✔✔should include all pertinent contact and site information, such as the vicinity map, contacts, permits, project name and address, parcel numbers, and items critical to identifying the project. Deductive Alternates - Answer ✔✔items included in the original bid which may be deducted from the project at the owners request. Deed of Trust - Answer ✔✔a legal document pertaining to property ownership and is required for real estate rights to transfer from one owner to another. Defendant - Answer ✔✔Is the person who defends him / herself or who denies a claim. A person against whom relief or recovery is sought in an action or suit.
Department of the Interior - Answer ✔✔has several branches, such as the National Park Service or the Bureau of Land Management, that requires the skills of landscape architects in various roles, such as project management, design and planning. Depositions - Answer ✔✔are routinely used to make statements before or outside of a hearing, when a party cannot attend or when detailed information needs to be recorded. Descriptive Specifications - Answer ✔✔this type of specification describes in a logical and thorough manner the materials needed and methods of their installation. This approach also outlines standards of workmanship used for installing each specified item. It provides the landscape architect with the greatest degree of control, as these specification prescribe a more or less step by step procedure. Design/build Firms - Answer ✔✔is a professional business established to deliver both design and construction services. Design Document Ownership - Answer ✔✔resolved in contracts. Should not be used by client on second project without agreement with architect. Results in liability for unknown circumstances.
Discontinue Licensure - Answer ✔✔Mental or physical disability clauses are found in most state laws, and such clauses enable licensing boards to discontinue licensure Division 1 of the Contract Specifications - Answer ✔✔contains all the information the contractor will need on issues related to project management and construction requirements (documents relating to site inspections, submittal requirements, and testing services). Document Control - Answer ✔✔based on licensure, sign and seal personal work, not the work of others. Easements - Answer ✔✔a right-of-way granted for the benefit of others who do not own adjoining lands. Is a defined portion of a lot, tract, or parcel reserved for use by someone other than the property owner. Uses can include access, utilities, or parking by another party who holds the easement interest or easement rights. Errors & Omissions Insurance - Answer ✔✔Involves tort law. Poor design leads to third party injury. Errors and Omissions Insurance coverage - Answer ✔✔would not be found in the general contractor's insurance requirements. This coverage clause addresses risk and responsibility for the consultant, not for the contractor.
Ethical Public Participation - Answer ✔✔where a fee-paid relationship exists is constrained by several interests, the landscape architect's financial role as a consultant, constitutional rights, professional association policy. Disclosing personal paid interests is the best course of action. Exception and Exemption - Answer ✔✔land use review processes that provide relief of numerical standards, similar to a variance process. Exoneration - Answer ✔✔the process of surety bond release Explosion, collapse and underground (xcu) - Answer ✔✔insurance coverage type typically issued to contractors Express Trust - Answer ✔✔Is a trust that is expressly created, usually in writing, as distinguished from a trust that is inferred by law from the conduct of the parties. It usually has definite terms. According to Civil Code Section 3111, it is created through a collective bargaining agreement wherein payments are to be made on account of fringe benefits or other supplemental wage agreement, has a lien on the real property that is being improved in the amount of the fringe benefit payments owing to it based upon the workers working on the particular piece or property.
Force Majuere and acts of war (or terrorism) clauses - Answer ✔✔allocate responsibility or place limits on responsibility if major factors are beyond the contractor's control. Format - Answer ✔✔a general discussion of the item to be constructed, a discussion of the quality of the materials to be used, a discussion of the methods to be used to construct the desired item. General Business Liability - Answer ✔✔involves contract and commercial law. Adequacy and sufficiency of performance by business (meet terms of contract) General Contractor - Answer ✔✔is required to keep the job site clean, safe, in proper order, and compliant with all local codes, laws, and safety standards. A well-maintained job site will also be in condition for proper inspection of work by municipal officials, the owner, and the design team. General Provisions - Answer ✔✔a usual part of the contract documents and Section 1 of the CSI specification are the General Conditions which the Landscape Architect and the owner want to inform the Contractor about. They include: Work included in the plans. Contractor's examination of the premises. Interpretation of the contract documents Process and completion of the contract
Permits required Contractor's responsibility Site protection and safety Payment intervals and billing Indemnity, contractor holding owner harmless Insurance Beneficial use of construction site Inspections Guarantees Gift Policy - Answer ✔✔licensure requirements, gifts of nominal value, such as hospitality related gifts, are allowed. Treating an office visitor to coffee, beverages, or snacks at a business related event would be considered hospitality, rather than a major gift. Major gifts, given to secure future fees from prospective clients or to encourage loyalty from existing clients, are not allowed. Gauranteed Maximum Upset - Answer ✔✔billed hourly is the form of fee arrangement used to ensure a client that the scope of a project will be billed at the actual number of hours up to a maximum limit that the consultant will guarantee not to exceed. Incentive Clauses and Liquidated Damages Clauses - Answer ✔✔address contractor rewards for early completion and penalties for late completion., respectively, primarily for schedule control.
