LAREPrep Construction Documentation & Administration Flashcards
General Contract Method
A contract drawn between the owner and general contractor. Owner usually represented by a firm. Two contracts formed: one with designer and one with contractor. Can sometimes lead to an adversarial relationship between contractors and sub contractors.
Brokerage Method
When a contractor subcontracts all the work on a project. Not beneficial to the owner because it gets messy.
Describe the
Separate Contracts Method (Multiple Prime Contracts Method)
The general contract method without the general contractor. Owner has in-house skillset and employs architect/engineer. Each consultant/contractor communicates directly with owner.
Self Performance Method
In-house approach. No contracts written for construction project. Owner provides everything from employees to design to materials and labor. Designers take minor role. Good for small scope projects.
Design Build Method
A single contract for both the design and construction of a project. Contractor is also responsible for the design of the project. Popular for industrial design. Less disputes with this method and projects built faster.
Professional Construction Management Method
Owner Hires a firm that also manages construction management services on owner’s behalf. The CM is working for the benefit of the owner. CM gives owner a GMP.
Construction Manager at Risk Approach
Established CM as independent contractor. CM is responsible to the owner to completed project by specified date and within budget. CM must compensate when extra things happen. CM hires all sub contractors.
Cost Plus Fixed Fee Contract (used within a basic contracting method)
The contractor is reimbursed for specified incurred costs, with additional allowance provided for overhead and profit.
Proprietorship
A business owned by an individual. All earnings are taxed to the individual business owner. Proprietorships are often required to obtain licenses to preform work in certain municipalities. Can be discontinued at will at any time.
Partnership
Two or more people, joined to conduct business as a single entity. Can be dissolved sue to a deadline in a contract, the death of a partner, bankruptcy, mutual agreement of expulsion of a partner due to just cause.
Silent Partner
A person who is a partner in a firm but remains unknown to the public.
Limited Partnership
A person contributes cash or property to a partnership and shares in the profits and losses. Provides no services and cannot vote on matters.
Joint Venture
Temporary partnership between two or more firms for the purpose of completing a project. usually happens when a project is large or complex.
Corporation
A form or business that is separate from the owners. Can be owned by stockholders but the stockholders aren’t legally responsible for the legal or financial desicions.
S-Corporation
Income, losses, deductions, and credits flow through to the shareholders, partners or members. They then report these items on their personal tax return.
What does a prime consultant take initiative in when facilitating meetings?
- Scheduling time and place
- Preparing a meeting agenda
- Ensuring the participants are aware of any deliverable related to the meeting
- Taking meeting minutes
- Following up with key attendees and the owner/client after the meeting to plan next steps
What are the four basic contracting methods?
- General contract method
- Design-build
- Separate contracts method
- Self-performance
An Agency or Agency Agreement
Agreement between a principal and an agent, agent acts on behalf of principal.
What ways can an agency agreement be terminated?
- Death of principal or agent
- A deadline
- Bankruptcy
- Fundamental changes such as mutual agreement to terminate, unilateral (one-sided) action on behalf of the agent or principal, destruction/termination of the subject matter (the project) for which the agreement was formed
Estoppel
A principal by which the contract becomes binding in spite of the fact that no formal agreement was made between the parties concerned. A court decision that says the agreement exists based on the behavior or actions of one party.
Mediation
Voluntary method of resolving disputes between client and landscape architect. Led by third party, not legally binding or court enforceable.
Arbitration
Led by a third party, leads to an outcome that cannot be repealed, can end up being “binding arbitration” which is court enforceable.
Partnering
A preventative process that addresses potential conflicts before they occur. Parties are led through a series of team building sessions by a facilitator.
Comprehensive general liability insurance
Comprehensive General Liability coverage provides protection against bodily injury and property damage claims arising from the operations of a contractor or tenant. This type of policy provides coverage for premises and operations, use of independent contractors, and products and completed operations.
Umbrella Excess Liability Coverage
Used to extend the limit of liability coverage beyond the typical limits.
Professional Liability Insurance
AKA errors and omissions insurance, purchased to protect a firm from claims of negligence or failing to preform their professional duties. Contractors generally dont get this.
Builder’s Risk Insurance
Protects general contractor from fires or other damages over the course of construction. Not the owners responsibility to obtain it.
Certificate of Insurance
The contractor provides the owner with this. Proof that contractor/consultant has obtained insurance.
Lien
Legal claim made on a property due to an unpaid debt. whoever filed the lien remains in possession of the property until the debt is paid.
Mechanics Lien
Permits workers and material suppliers to place a claim on a property in the case that they are not paid by a contractor.
Tax Lien
Used by the government to retain possession of a property until the taxes have been paid.
Eminent Domain
The right of the federal government or state or public agency to take possession of private property and appropriate it for public use. Sometimes referred to as condemnation.
Tort
a wrongful act or an infringement of a right (other than under contract) leading to civil legal liability.
List the four conditions for a tort to occur:
- One party must owe another party a duty
- There must be a breach of performance of that duty
- Someone must be harmed by this breach
- There must be a clear relationship between the harm suffered and the breach of performance
Libel and Slander
A tort that can be made due to libel (defamatory statements) and slander (spoken defamatory statements).
Attractive Nuisance Doctrine
A tort that happens when a trespasser is a child and gets injured on a property, and that the owner could have reduced the risk of a potential child trespasser through measured not enacted.
Negligence
Failure on the part of one person to exercise sufficient care to protect the health and safety of another person. Landscape architects can get in trouble for this through design.
Contingent Liability
An injured third party is not affected by a contract between two parties. A passerby injured by a contractor working on an owner’s project, the passerby could sue the owner even if the contractor is directly responsible.
Statue of Limitations
The maximum time after an event within which legal action may be initiated against another party. generally 6-10 years for most construction related issues.
List the construction typical drawing percentages and what is shown at each percentage.
0% - Sheet size and titleblock
25% - Drawings have been started, but everything is in progress.
50% - Plans, section, details are drawn, but dimensions and callouts are incomplete.
90% - Drawings are complete, pending QAQC check comments.
100% - Drawings are complete and have completed the firms QAQC process.
Constructability Review
An audit review process where contract documents are reviewed to identify potential construction related problems and suggest improvements on how to streamline the construction process. Could include anything from material costs, equipment use, site limitations.
Value Engineering
Used to see if construction costs and duration can be maintained or improved through replacement of materials, adjusting size and spacing of plants, removing unnecessary site furnishings, etc.
List the three primary purposes of construction documents:
- Obtain accurate bids for construction
- Obtain permits
- Guide construction
List the six elements of construction contract documents:
- Construction contract
- Design drawings
- Bidding documents
- General conditions
- Supplementary conditions
- Technical specifications
(Items 3-6 can also be condensed and are usually called the project manual)
What is a CLARB rule for the relationship between construction drawings and specs?
Information should NEVER be duplicated. (Don’t call a 10’x15’ concrete area: 10’x15’ concrete area in specs. Call the size out on the plans and label it “Concrete Type 1” in the plans and specs to avoid missing updates if a change is required.
What are the four main reasons for coordination between disciplines during CDs?
- Ensuring consistent and complete systems and design elements
- Verifying that information in one set of CDs is supported in other CDs
- Elimination of two or more different items showing in one location
- Pointing out areas that appear to be missing sufficient information
What directly precedes CDs?
Design Development. An initial mockup of the CDs will be created during DD.
What are the five elements established in DD?
- Document set organization
- Sheet layout and content
- Detail names and numbering
- Drawing notations and conventions
- Specification format and organization
What are the eight steps of construction activities?
- Preliminary surveying
- Site Protection
- Clearing, grubbing and demo
- Topsoil stripping and stockpiling
- Rough grading
- Finish grading
- Installation of site improvements
- Planting and seeding
What takes place during preliminary surveying?
Survey of property boundaries, roadway geometry, limit of construction, stockpiling areas, other major dimensions.
What takes place during site protection?
Tree protection, temporary transplanting, erosion control, protection of existing site elements to remain.
What takes place during clearing, grubbing and demo?
Anything marked to be demolished, abandoned or relocated takes place.
What takes place during topsoil stripping and stockpiling?
The contractor removes and stockpiles all topsoil in areas that will be graded.
What happens during rough grading?
The contractor will cut, fill and grade the site such that all subgrade surfaces are prepared. Trenching for utilities occurs during this. Rough grading meets 6”-12” accuracy.
What takes place during finish grading?
Contractor will stake out and re-survey the finished geometries and elevations in key areas, these areas are then graded to a finer tolerance between 1”-3”.
What happens during installation of site improvements?
Contractor installs pavements, hardscape surfaces, irrigation and lighting, site furnishings and amenities.
What happens during planting and seeding?
Contractor puts in all plant material.
What are the six discipline’s construction document sets and their order?
- Civil Engineering
- Landscape Architectural
- Electrical/Lighting
- Mechanical Engineering
- Architectural
- Structural Engineering
What are the four drawing conventions to conform to?
- Provide north arrow and title block
- Draw to a common scale and label the drawing scale
- Draw similar plans to the same scale and orientation
- Use consistent terminology, lineweights and symbols, and notations
What are three conventions to follow with elevation and detail drawings?
- Place dimensions on the left and notes on the right
- Put standard details at the beginning of the sequence
- keep details of a given element (shade structure) on the same sheet
What is a cover sheet set number?
A number used when contractor pricing or bidding is anticipated, numbers registered with bidders
What is on a cover sheet?
Set number, vicinity map, project location map, general project info, date of issuance, identification numbers, sheet index, licensure stamp
What is included in the general project information?
Project team, project title, site address
What is on the general information sheet?
General notes, abbreviations list, graphic legend
What are series-specific notes?
Typically only will appear on the plan sheets they are intended to address
What are the four things to know about CD notes?
Notes are general, notes outline general standards, notes are not specifications, notes are explicit and well delineated
What is the format of a technical specification?
- General (stipulates ground rules and scope of work)
- Product of products (describes product, materials, equipment, components, fixtures) and manufacturing process
- Execution (describes prep, workmanship, installation, quality requirements)
Describe the three types of technical specs
- Design Specifications (Material or workmanship specs, addresses methods and materials)
- Performance Specification (Only provides guidance related to the technical performance, ex: 3,000 psi)
- Closed and Proprietary Specifications (Requires a specific item or system, used to ensure that only products of a particular type is used) (Proprietary Spec states what is to be provided without alternatives)
List the order of the twelve CSI (Construction Specifications Institute) specs
- 00 General Project Requirements
- 01 General Requirements
- 02 Existing Conditions
- 03 Concrete
- 04 Masonry
- 05 Metals
- 06 Wood, Plastics and Composites
- 09 Finishes
- 12 Furnishings
- 31 Earthwork
- 32 Exterior Improvements
- 33 Utilities
What is an or equal/or approved equal specification?
A modified proprietary specification.
Define a reference specification
Introduces established tests or formal procedures into design or performance specs. It assures the work conforms to an industry accepted test criteria.
Define a standard specification
An entire set of technical specs that have been developed by the owner. Once developed they can be used across many projects.
What are the six parts of a bid document? (to contractors)
- Notice to bidders
- Instructions to Bidders
- Bid Form
- Contract Form
- Specifications
- Project-specific attachments and exhibits
What are the four parts of a project manual?
- Bidding docs
- General conditions
- Supplementary provisions
- Technical specifications
What are the general conditions within a project manual?
Rules under which a project will be built and contains boilerplate language that established the rights, authority and obligations of the contracting parties.
What are the supplementary provisions within a project manual?
AKA special provisions or special conditions, they are more specific for the job being constructed.
What prevails when a conflict occurs between drawn specifications and written specifications?
Written specifications.
List the four parts of the bidding process
Invitation to bid
The bidding period
Bid Review
Award of the bid
What is in the notice to bid?
- Project description
- Construction timeline
- Bonding requirements
- Terms of payment
- Requirements regarding wages and equal employment
- How when and where to place bids
- Deposit required to obtain CDs
- Location to obtain the contract documents
When does an Addenda take place?
During the bidding process.
What is in a contractor’s bid form? (what contractors provide)
- Base Bid Price
- Alternates
- Time of completion
- Bid surety agreement
- Qualifications
- Signature of certification
Balanced vs. Unbalanced Bid
Balanced: costs are accurately reflected
Unbalanced: Costs loaded different for contractors benefit
When does a regular bid occur?
During a contractor’s post qualification
What takes precedence: plans or schedules during the bidding process?
Schedule/Legend
What is the range of contingency in a contractors bid?
5-10%, sometimes up to 20% if high risk
Describe a lump sum /fixed price contract:
Requires contractor to complete a scope of work for a mutually agreed upon and fixed budget. Can be altered by change orders. Most common contract.
Describe a Unit Price Contract:
Establishes pricing for each unit of work or materials related to the proposed scope of work. Based off of units. Used in projects with well defined methods but uncertain scope.
Describe a Cost-Plus Contract:
Allows for reimbursement of construction expenses plus a predetermined fee for overhead and profit. Doesn’t give the owner a fixed idea of the total price. Rarely used in public sector
Where would you find construction means and methods?
When the contract documents outline specific compliance for means and methods. Contractor no longer liable for damages occurring through compliance.
Describe a surety bond:
Between three parties:
- Surety ( the bond company)
- The principal debtor (the party whose performance is guaranteed)
- The obliee (the part to whom the promise of the principal’s performance is made. The obligee is the beneficiary of the bond.
Describe a Bid Bond:
Provides the owner with an assurance that the contractor will enter into a binding construction contract and will provide the required payment and performance bonds if the contract is awarded to them. Bid bonds usually being 5% of the contract amount.
Describe Performance Bonds:
Assures that a financially responsible party stands behind the work of the contractor if the contractor doesn’t act according to the contract requirements. Valid for the duration of a project contract.
Describe a payment bond:
Used to guarantee that the contractor will pay their subcontractors and suppliers and helps to protect the owner against liens from any aggravated parties. Valid for the duration of a project contract.
What two bonds are not required for a public project?
Payment bond
performance bond
Three parts of the construction process:
- Pre-Con (Kickoff Meeting)
- Construction Admin
- Project Closeout
What is a project work plan:
(PWP) is an organizational framework plan for how and in what sequence things are to happen. Outlines scope of service, communication hierarchy, standards.
What happens when landscape architects preform inspections and submittals?
They use the stamp and signature for approval, revise and resubmit, etc.
What does an RFI stand for?
Request for Information. Only communicate with the contractor and never the contractor’s workers
What are the three things change orders do?
- Directs the contractor to alter some portion of the design
- Considered a modification of the existing contract between contractor and owner
- Always have a cost impact
What happens in situations where an owner-approved change has no impact on timeline or budget?
A field change or a field order (same thing) happens. For the LARE, all field orders MUST be issued by the landscape architect and approved by the owner. They are sometimes called an ASI (Architects Supplemental Instruction)
Describe a shop drawing:
Detailed drawings from subcontractor to show how something will be fabricated and or installed. Will be reviewed by project design team, can be used to confirm things were made and installed properly.
Describe a field report:
Summary of the landscape architect’s observations at the construction site, notes, issues occurred and any remedial issues taken by the contractor.
What does the clerk of works do?
responsible for verifying quantities of material delivered to the construction site, confirms work is being carried out properly, and that health and safety rules are being followed.
Describe schedule of values:
a cost item breakdown that allocates value for the project scope described in the contract between the owner and contractor. Used to review progress payments between the two. Items too small to list are incidental items, their cost is added to another line item.
What is acceleration?
Occurs when the contractor must hire additional workers to meet a deadline.
What is backcharging?
backcharging provisions in a contract allow a party member to recover expenses incurred when the other party fails to act according to the language outlined in the contract.
What is active interference?
Occurs when the owner directly interferes with the work of the contractor, causing damages or delays. If proven, the contractor can be released from responsibility from damages related.
Describe liquidated damages:
Provides compensation to the owner for financial losses resulted from delayed completion. Assessed for every working day that a project extends beyond the end date in the contract.
What is retainage?
withheld from payments to the contractor and then released back after addressing all punch list items upon completion. 5-10% of the payment is typical.
What are the four parts of a project closeout?
- Substantial completion and owner occupancy
- The punch list
- As-Built Drawings
- Final completion
Describe substantial completion:
When the owner can occupy it, and it is deemed ready for its intended use. The owner can no longer assess liquidated damages and can only withhold the costs of repairing or completing punchlist items. Most contracts state warranty periods begin upon substantial completion.
Who issues a certificate of occupancy?
A government agency, substantial completion is usually determined by the owner/owners representative. The issuance of this certificate is the difference between substantial completion and owner occupancy.