Construction Specifications and Regulations, Exams of Nursing

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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.

American Association of State Highway and Transportation Officials (AASHTO) - Answer ✔✔deal with road and highway construction standards. American National Standards Institute (ANSI) - Answer ✔✔a private non-profit organization that oversees the development of voluntary consensus standards for products, services, processes, systems, and personnel in the United States American Nursery and Landscape Association (ANLA) - Answer ✔✔formerly the American Association of Nurserymen) is a professional organization that publishes a widely used guide called American Standard for Nursery Stock. The ANLA is the governing body recognized as setting the standards for the health, size, shape, and vigor or plant materials. American Society for Testing and Materials (ASTM) - Answer ✔✔national body governing the uses of construction materials throughout North America, are widely used to define attributes for construction materials and are the standards primarily used in specifications. Sets the standards for testing methods. American Wood Preserver's Association (AWPA) - Answer ✔✔is the nonprofit organization that has been responsible for promulgating voluntary wood preservation standards since the year 1904. Arbitration - Answer ✔✔is the process or action used to resolve contract disputes outside of the court system, usually with the use of a mediator

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

Bond - Answer ✔✔an obligation under seal, a binding agreement. Bonded Stop Notice - Answer ✔✔This is a bond which accompanies a Stop Notice to a construction lender and must be in a sum equal to 1-1/ times the amount of the claim. The bond, along with the stop notice, must be delivered by certified or registered mail or in person, to the persons responsible for administering or holding construction funds. Should the claimant lose his/her action (lawsuit on the bond), then the claimant must pay all costs that may be awarded against the owner or contractor or construction lenders. Breach of Ethics - Answer ✔✔example: inflating the cost estimate of bid documents when the firm's fee is based on a percentage of construction costs. Building Codes - Answer ✔✔methods, materials, systems, strengths, minimum standards, and overall quality of development at a site. Certifying the Record - Answer ✔✔used to ensure that the record is complete. Change Orders - Answer ✔✔a change to the original contract. Involves a discussion of the change, a cost of the change, and a duration which may alter the completion date of the original contract.

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.

Construction Contracts - Answer ✔✔These differ significantly from design services contracts. Building industry practices and government procurement regulations together influence terms and conditions of these. Most government entities have standardized sets of these. In the private sector they have been formalized by the construction industry involving the Associated General Contractors ( a national organization with state chapters),the American Institute of Architects, and the American Society of Civil Engineers. Each entity has developed standard forms that are in common use in both the public and private sector. Construction Details - Answer ✔✔when conveying information in construction details, all aspects of a design must be shown in a two- dimensional plane, so multiple views, angles, and sections are used to convey the intent. This multi-perspective drawing method is known as orthographic drawing. Construction Litigation - Answer ✔✔a conduct of a lawsuit, this type is most commonly because of: 70% Miscommunication between the consultant and client 30% Actions by contractors or third parties and consultants Construction Payments - Answer ✔✔Bid Breakdown, Percentage of completion Construction Specifications Institute (CSI) - Answer ✔✔is a nonprofit industry association that promulgates the most widely used specification referencing system.

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

the landscape architect. Supervision or inspection implies control over the contractor and can imply that the landscape architect should be responsible for the contractor's means and methods. Directing the contractor's means and methods would place the burden of the contractor's success or failure upon the landscape architect, a contractual liability that the landscape architect should avoid. Contract Closeout - Answer ✔✔is the phase in which final pay applications are submitted, substantial completion documents are prepared, and final payments and retainage periods are begun. Contract Negotiation Phase - Answer ✔✔the role of the landscape architect during construction is determined during this phase. Decisions made in this phase will affect how the contract documents are prepared, including which party is responsible for various areas of work during construction, such as submittal review, pay application review, construction administration, and the legal paperwork as required by the contract documents. Corporation - Answer ✔✔organization governed by state laws. It is impersonal, exists without reference to individual who share ownership and direct activities. Owners are stockholders, shares don't have to be evenly distributed. Pros: Liability is limited, tax benefits. Liability limited to amount of funds each owner has invested. It can continue indefinitely. Capital accumulated from many sources. Ownership can be transferred by sale.

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.

Design Services Contracts - Answer ✔✔These are used for consulting services between a landscape architect and a client or between a landscape architect and other consultants. Where the landscape architect is the prime consultant and employs the services of subconsultants, contracts should be made between each subconsultant. These subcontracts should reference the prime contract and avoid conflicts with the prime contract. Particular attention to professional liability insurance requirements should be made. Most insurance companies require all subconsultants to maintain professional liability insurance in amounts at least equal to the requirements in the prime contract. Developer of Subdivision Plat - Answer ✔✔is responsible for installing the storm sewer, the sanitary sewer, and the water lines (also known as the wet utilities). Gas, electric, telephone and cable lines are installed by the respective provider companies or by a contracted third party. Development Restrictions - Answer ✔✔-Zoning -Easements -Covenants -Codes Disavow - Answer ✔✔means to repudiate, or reject as unauthorized.

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.

Federal or State Law - Answer ✔✔a landscape architect must not practice landscape architecture in a manner that violates this Filing a Deposition - Answer ✔✔to provide information Filing a Depository Motion - Answer ✔✔to request an end to a proceeding Filing a Petition - Answer ✔✔with the clerk is the first action to start a claim in court Financial Guarantee - Answer ✔✔is the general category of financial forms, typically issued by an entity other than the contractor, that ensures the owner or a municipal agency that the contract obligation for the monetary amount of the work will be met. They are often used to ensure performance of a municipal regulation, such as the installation of temporary erosion-control measures at a site or of sidewalks in a new subdivision. Examples of four commonly available kinds are surety bonds, cash deposits, assignments of funds, and irrevocable letters of credit. Force Account - Answer ✔✔is a type of purchasing method for supplies or materials used that would apply to contractors doing work, not necessarily for variable quantities.

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.

Indemnification - Answer ✔✔is typically not addressed within the specifications, yet it can be part of an agreement or a part of the general conditions. Generally a design consultant would not be able to obtain this from a contractor; yet the professional could obtain it from the owner, since the agreement for services would be with the owner, not with the contractor. Intellectual Property - Answer ✔✔is the category of legal claim that pertains to copyrights and protection of the ownership of creative works, including the software used by nearly all private sector professional offices providing landscape architectural services. Joint Venture & Associations - Answer ✔✔group of individuals or companies that unite for business purposes. Common for smaller firms looking to gain access to large government or private contracts. Can be setup with time span. Working agreement signed by each part on charter. Taxed same as corporation, follows same tax laws. Landscape Architect - Answer ✔✔should have Professional Liability insurance to protect the owner in case of a discrepancy in the plans or specifications, (also referred to as errors and omissions insurance) Law of Statutes of Limitation - Answer ✔✔time duration an architect can be held responsible (legally) for project after construction and acceptance.

Laws - Answer ✔✔Second highest hierarchy of law-federal and state Written by Congress or state legislature Rights and obligations of individuals, corporations and others. Legal Descriptions - Answer ✔✔the fixed location of the parcel location that is written on the cover sheet of construction documents. They are a critical piece of data for the permit process, as most permitting agencies derive all their data from this. Liability - Answer ✔✔obligated according to law or equity Licensure Duties - Answer ✔✔Report to the professional regulation board any activity that violates professional regulations, and be truthful about personal qualifications in his or her area of expertise. Lien - Answer ✔✔a form of encumbrance which usually makes property security for the payment of a debt or discharge of an obligation. A claim on an entire site or a portion of the site. A formal written claim against the property record, for the value of work performed or materials provided. Lien Foreclosure Action - Answer ✔✔is a lawsuit to foreclose the Mechanic's Lien

Limited Liability Company (LLC) - Answer ✔✔is a form of business organization that can protect a company's assets from creditors. Liquidated Damages - Answer ✔✔are specific costs the Contractor is required to pay if his work lasts longer than the specified project length. Legal Problems most common for Landscape Architects - Answer ✔✔Money, making sure project falls within budget and on schedule. Time & Schedule, performance stipulations, when phased times are to be completed, as specified in construction and design contracts. Decisions on Directives, can be held responsible if decisions or directions cause contractor to extend completion date. Disagreement, if specifications and drawings aren't clear a difference of opinion may need to be reconciled by 3 party or legal action. rd Errors and Unacceptable Performance, if deficiencies or errors cause injury to a third party. Lis Pendens - Answer ✔✔is a notice that a lawsuit is pending and that the lawsuit affects the real property. It warns everyone who might acquire the property that he or she may be bound by an adverse judgement. Legal term that means notice of pending litigation.

Litigation Claimants - Answer ✔✔Clients are the largest single category of this. Organizations that insure landscape architects report that 70% of all claims against consultants, including landscape architects, are filed by clients. One reason is that consultants firms tend to stay in business longer than contractor firms (9+ years versus less than 5 years for contractors.) An additional reason is that under state laws, the statutory time limits allowed for bringing claims against design professionals are typically longer, at 6 years to 10 years, compared to the time period when design-related claims are typically filed (more than 5 years after construction ends.) Lump Sum - Answer ✔✔a single price for all for the construction indicated in the plans and specifications. Maintenance Dollars - Answer ✔✔the long-term success of any planting plan depends primarily on the availability of this from the owner. If it is limited, plant types and installation methods become the key contributors to long plant life. Malfeasance - Answer ✔✔refers to an erroneous professional action taken be a public official. Malpractice - Answer ✔✔refers to the specific type of finding made by a board or a court. Mechanics Lien - Answer ✔✔allows contractors or designers to encumber real property, or funds if payment for work done is not made.

Requires the filing parties to observe specific notices to be issued and recorded. It is a general term, including materials liens, contractor liens, and consultant liens. In some states, the older term has been converted to "construction lien" to include all of the categories that supply labor, materials or services. Milspecs - Answer ✔✔Military unique specifications and standards. Milspec Reform - Answer ✔✔is transforming the way the DoD provides and requires specifications. Minority Business Enterprise (MBE) - Answer ✔✔is an American term which is defined as a business which is at least 51% owned, operated and controlled on a daily basis by one or more (in combination) American citizens of the following ethnic minority classifications: African American Asian American (includes West Asian Americans (India, etc.) and East Asian Americans (Japan, Korea, etc.)) Hispanic American - not of the Iberian peninsula. Native American including Aleuts They can be self identified but are typically certified by a city, state or federal agency. The predominant certifier is the National Minority Supplier Development Council with its 35-40 regional affiliates. Misfeasance - Answer ✔✔is a term related to a contract or a private action. A legal term that means a wrongful act.