Quick Notes Flashcards

1
Q

Construction Management At Risk

A

- services provided by independent contractor
- project must be completed by established substantial completion date
- project must be completed within agreed upon budget
- owner can be compensated for any work that does not conform to the contract documents

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2
Q

As-built drawings

A

Created during and after course of construction to not forget small details/changes along the way.
Used to determine if all elements of a site design were built according to construction documents.
Used to document any changes from original design due to unforeseen site circumstances, design changes, and the like. For future reference to owners/maintenance/additions etc. on site
Legally contain absolutely everything as it was built or exists

Way of documenting any changes to the design that occurred during the course of construction due to such factors as owner-authorized changes to the design and errors in accounting for existing site conditions. In essence, they serve as a record of the design as it is built and could be used for:
- compare final built conditions to those in the record drawings
- determine liability in construction-related litigation
- used by a future party to make modifications, additions or alterations to a project site

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3
Q

Record Drawings

A

Document changes that have occurred during the construction process
A record of all changes that occurred in the field and that are documented through change orders, addenda, or contractor/consultant drawing markups.

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4
Q

Within the context of a private project, which party has ownership of design documents

A

Ownership of the documents must be established in the design contract.

In absence of agreement, design would control ownership.

In public, often owner retains ownership.

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5
Q

What is covered in contractor’s cost summary included with bid?

A

Transportation items
Incidental items (not explicitly listed, integrated into other line items)
Operation costs and profit

- would not address the price of anything deemed to be an additional service because service would be outside scope of services being bid by contractor.

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6
Q

Mediation

A

Voluntary method of resolving disputes in which the parties come to a common agreement that is intended to end the conflict in question.

- led by a third party
- occurs outside municipal court system
- less formal process than other techniques
- non-binding results

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7
Q

Arbitration

A

- led by impartial third party
- occurs outside municipal court system
- binding and final (cannot be repealed or reheard)
- not always court-enforceable
- do not establish legal precedents

- to be court enforceable, both parties must engage in a process known as “binding arbitration”

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8
Q

Time and Materials contract

A

Fee structure by which design firm is paid for time and materials spent, paid for labor and other direct costs like printing. Hourly labor rates negotiated and established in advance of performing the work.

“Maximum Not-To-Exceed” is added to this contract type to ensure that the owner is not billed past a maximum dollar amount unless there is a change of scope and a subsequent contract amendment.

Of contract options, typically best suited to work with an unclear scope and
Adding maximum not to exceed could alleviate the client’s concerns about the total cost of design services given that it would put a hard cap on the amount billed to the client.

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9
Q

How to determine percentage completion of construction documents

A

Make an estimate based on the number of drawings completed in relation to the list of drawings required

- this would give project manager a relatively detailed understanding of the amount of work completed, which when combined with their experience on past projects and overall team performance, could be used to determine the percentage completion of a project.

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10
Q

Project Work Plan

A

Organizational framework to plan how and in what sequence project work will occur.
Takes the scope of services (outlined in the contract documents and client agreement) and divides this scope into specific tasks and clarifies how and when this work will be accomplished by the design team.
Establishes the project communication procedures/hierarchy and the reporting structure, as well as safety, accounting and quality control procedures (e.g., CAD Standards).
Provides design project’s management team with a high-level plan of the project work so that they can assess whether the project has been properly planned and - as the project progresses - if the project work is being completed in reference to its stated goals.

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11
Q

Lump Sum Contract

A

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12
Q

Cost Plus Fixed Fee

A

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13
Q

Guaranteed Maximum Price

A

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14
Q

Bidding private sector

A

- site owner can choose any contractor they desire
- allow the bid advertisement to be shown to a select group of well-regarded contractors
- reserve right for owner to reject any and all bids

Private owners have the ability to negotiate the bid advertisement and contractor selection process as they see fit.

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15
Q

Bidding public sector

A

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16
Q

Torts

A

Private or civil wring doing or injury that occurs independent of a contract and are not criminal in nature.
Because they do not involve contracts and are not explicitly criminal acts, torts are often settled through common law interpretations.
Torts generally result from a specific action or failure to act and, in this sense, violate social norms.

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17
Q

For a tort to occur:

A

- one party (generally the defendant) must owe another party a duty (generally the plaintiff)
- there must be a breach of performance of that duty (this is where the concept of “social norms” applies)
- someone must be harmed by this breach of performance
- and there must be a clear relationship between the harm suffered and the breach of performance

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18
Q

Quality control of construction drawings generally takes place at which percentage of completion in the evolution of a drawing?

A

90%

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19
Q

Agreement for professional services would be formed between which of the following parties:

A

Owner
Consultant

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20
Q

Public bidding process awarding

A

Bid awarded to lowest responsible bidder submitting a regular bid.

Responsible bidders are determined through post qualification, and regular bids are considered to be those bids that conform to the requirements set forth in the bidding documents (e.g., bid is not late, contains all requested information, contractor is properly bonded)

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21
Q

Project design budgets vs.
project construction budgets

A

Design budget is amount of money allocated for design services

Construction budget represents amount of money available to have the project built.

Designer is expected to provide client with design that reflects construction budget, but the designer’s budget to produce that design does not incorporate the construction budget into the designer’s fee structure.

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22
Q

Lien rights

A



Generally waived for public works projects because public property is generally not subject to liens.
In many states, workers, suppliers and subcontractors are allowed to file a “stop notice” for public works projects in which they remain unpaid by the general contractor. In this sense, “stop notice” protects their interest in a capacity similar to a lien.

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23
Q

Benefits of lump sum/fixed fee contract

A

All parties have agreed to a predetermined budget for a defined scope of services. While the total budget for a project can be altered by mechanisms such as change orders, the lump sum contract deuces the potential for significant cost overruns.

- does not require precise measurements of in-place quantities to determine payment.

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24
Q

Items found on utility plan

A

location of:
- sewer lines and infrastructure
- telephone poles and overhead wires
- water meters and lines
- electrical and storm water drainage infrastructure
- other comparable information

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25
Work Breakdown Structure (WBS)
- simple and straightforward as possible to manage project in question - should relate to the contractual requirements specific to the project in question - be able to accurately track project financials - be able to be accessed by the entire project team - establishes a hierarchy of tasks that illustrates the relationships between various tasks and show certain (smaller scope) tasks as components of other (higher-level) tasks
26
Partnerships
- Each partner is an agent of the partnership - each partner has the power to enter into the binding contracts in the name of the partnership - each partner has unlimited liability to creditors - limitations can be placed on the powers of any partners in a partnership and may be used to regulate some aspect of the powers available to said partner
27
Limited partners
Generally contributes some tangible asset to business partnerships (such as cash or real estate) and shares in the profits and losses of the business Provides no services, has no management role and their liability is limited (generally to no amount greater than the amount of investment made in the firm)
28
Meeting minutes
- include date, time and location of the meeting - names, positions and firms/organizations of all attendees - any and all notable and relevant statements made by the attendees
29
Design-Build Contract Method
Design work and construction work are not performed by the same firm/business entity
30
General Contract Method
31
Penalties if a contractor forfeits bid bond and withdraws from awarded project
- forfeiture of money is amount of the difference between their bid and that of the next lowest bidder, up to face value of the bid bond. - in some instances, contractor may have to forfeit the face value of the bid bond outright.
32
Malfeasance
33
Alteration to an existing contract, contractual agreement or construction document set
- change order - addenda - field order
34
Payment Bond
Legal instrument or guarantee that ensures payment for labor and other services rendered should an employed fail to issue wages due to default or bankruptcy
35
Notice to Proceed
Notice of award Means of notifying the contractor that they have been awarded the contract and specifies the terms under which the contract (and thus construction activities) will begin.
36
Bidding timeline
… - bidding period closes - bids reviewed - owner issues a contract to winning contractor - contractor returns signed contract - owner issues notice to proceed - schedule kickoff meeting
37
Errors and Omissions Insurance
Generally purchased to protect a professional services firm (including architects, surveyors, and landscape architects) from claims of negligence or failing to perform their professional duties. Contractors generally do not carry errors and omissions insurance because bodily or physical damage are not covered by this type of policy.
38
Types of specifications
“Or equal” “Or approved equal” Proprietary Design Performance Performance and Design Closed Open Multiple Proprietary All-Inclusive Reference
39
How can a project manager most efficiently minimize risk within a project?
Proper planning
40
Schedule of Values
- line items in excess of construction budget - plant materials and other “softscaping” - materials measured by tonnage - materials measured in linear feet
41
Request for Qualifications (RFQ)
To determine the most qualified firms to proceed a specific scope of professional services Design firms would reply to a RFQ with a SOQ (statement of qualifications) Further screening device to determine which of the firms responding to the RFQ are most qualified to provide the solicited professional services Sometimes a public agency will use the RFQ format to prequalify a select list of firms capable of providing services for a specific type of project or a specific range of services. The agency will then draw upon the prequalified pool of firms as specific project needs arise, selecting first one firm, then another, and resolving through the list of prequalified firms. May ask for info that will prequalify firms in terms of the firm’s financial stability, availability of insurance, proximity of the firm’s office to the project site, and other considerations.
42
Direct Selection
Avoids costly process of developing a statement of qualifications or a proposal and preparing for an interview in a competitive selection process
43
Statement of Interest (SOI)
Confirms the firm’s interest in a project and is a response to a request for interest or RFI issued by a public- or private-sector client. Brief overview of a design firm sent from firm to owner in response to RFI. Confirms firm interest in proposed project. Owner does not use SOI to screen potential providers, instead replying to the SOI with a request for qualifications (to screen them) or sending them a request for proposal outright. Submitting an SOI is a prerequisite to receiving further information, such as a RFP Tends to be brief, letter sent of firm’s letterhead or email response to RFI May include a brief statement about the firm’s previous experience or the background and experience of the firm’s principals or key staff Not typically a screening process, used solely to identify the firms that are interested in the project
44
Statement of Qualifications (SOQ)
Response to a request for qualifications or RFQ. Lengthier document than SOI Include information about firm’s prior experience, staff capabilities, and resources. Can include full-length resumes or resumes in shorter paragraph formats. May be bound as a document. Process is expensive in terms of time and out-of-pocket costs
45
Proposal
Responds to a request for proposals or RFP May include same information as SOQ but will also include scope of work and scope of services to be provided by firm (these are likely to become part of contract if firm is selected to carry out the services) May include full resumes and information on sub consulting firms Usually includes fees Written understanding of the project or problem, how the firm will approach the project, an estimate of hours, and a cost proposal.
46
Request for Interest (RFI)
- used as initial screening process by a prospective private or public client - describes the project and the services required in general terms so that the marketing staff or principal of firm can decide if the firm has the prior related experience, track record, manpower, staff expertise, and other requirements necessary to carry out the project normally will include some basic information about the project and may include a general description of the services needed but not a detailed scope of work
47
General guidelines to preparing SOIs, SOQs, and proposals:
48
Job development should not exceed what percentage of the anticipated professional fee
10%
49
Performance specification
Only provide guidance related to the technical performance of a finished product (e.g. compressive strength of concrete shall be 3,000 psi) and not its finish or general workmanship (covered in design specification)
50
Design specification
51
Value Engineering (VE)
Frequently employed in the design and construction industries to reduce project costs while maintaining the quality and design intent of the project as originally designed. Can occur during design and/or construction phase of a project. Has the potential to accomplish any of the items listed in the above question.
52
Who has the ability for place a tax lien against a property?
Government Tax liens are used by the government to retain possession of a property until the tax on it has been paid, and thus only a government can place a tax lien against a property.
53
Cardinal Changes
Changes made outside the scope of the original contract. Changes made by the owner must be within the general scope of the original contract. (Although construction contract usually grants owner right to make changes to contract, this is by no means an unlimited right.) Changes that are not within the general scope are cardinal changes and these are not covered in typical changes clauses. Typically necessitate the creation of a new contract.
54
Addenda
55
Change Orders
56
Contract revisions
57
Contract violations
58
Critical Path Method
A process flow diagram superimposed on a timeline with deadlines. Used primarily to manage a project’s schedule and to determine and expedite any activities that are critical to a project’s completion.
59
Bar/Gantt chart
Type of schedule that has a timeline with deadlines but no process flow diagram
60
Order of Project Management Activities
Defining Planning Directing Coordinating Monitoring Learning
61
Opinion of Probable Cost
Schedule of Probable Cost Cost estimate by the designer based upon quantity takeoffs, details and specifications and - although it is intended to be accurate - is not intended to be authoritative. Typically produced early in the lifecycle of a project and may be a reference point for a later construction bid, but not used in the bidding process itself. Although cost estimates tend to become less accurate over time due to market changes - there is no strict timeline after which the estimate is considered void.
62
Objectives of a Project Work Plan
- definition of the project objectives - identification of the project team - breakdown of the project into tasks - development of the project schedule - establishment of the project quality control program - identification of other project-specific procedures and standards
63
Revision clouds and callouts
Used to designate/highlight changes in the project work, and are typically shown as a scalloped line drawn around the revision areas in the drawing. If a majority of the sheet is revised, the sheet number is clouded rather than the drawing. A revision triangle (the callout) with correlating revision number accompanies the revision cloud. These are typically utilized during the bidding process to track addenda and in the construction phase for either field changes or change orders.
64
Firm’s single greatest expense
Employee payroll And benefits Direct project expenses and billables can be considerable financial burdens, but they are generally reimbursable or tax-deductible and are generally less costly to a business than payroll expenses.
65
Correct chronological order for soliciting bids from contractors
Addenda Bid tabulation Notice of award Contract signing
66
Included in public bid advertisement
(Notice to bidders) - nature or type of project - location of project - type of contact for construction - bonding requirements - dates in which to perform the work - terms of payment - estimated construction cost (some specifically exclude this) - time, manner, and place to submit bids - location to obtain bid documents - deposit required on bid documents - owner’s right to reject any and all bids - requirements regarding wage rates
67
What does a “notice to proceed” permit?
Permits the contractor to begin construction. Prior to this, the contractor must receive the notice of award and the owner and the contractor must enter into a legally binding contract for a mutually agreed upon scope of work.
68
Contingency Planning
Management technique that involves planning for uncertainties or potential threats and, in doing so, reduces the risks associated with these potential problems. Thus, a project manager would use contingency planning to reduce the risk related to uncertainties or potential threats related to a project.
69
Agency agreements can be terminated for:
- death of the principal or agent - unilateral termination by the principal and/or agent, or bankruptcy of either party - mutual consent between the principal and agent to terminate the agreement - expiration of the time period for the agreement Either party involved in an agency agreement has the capacity to terminate that agreement, and any and all of the reasons given above are sufficient to terminate an agency agreement.
70
Plant-related site maintenance costs can be reduced in which of the following ways:
Amending site soils prior to planting - allows any nutrient deficiencies or other problems in the soil (e.g., contamination, poor drainage) to be addressed prior to the installation of plant material. Over time, plants growing in healthy soils will require less maintenance (e.g., fertilizer, replacement of dead plants) because the plants themselves are healthy. Using drought-tolerant plant material - reduces the need for watering and - in areas where irrigation systems are not commonly used - protect against plant loss (and thus the need for replacement) during periods of drought. Developing a site maintenance plan - reduce by instructing grounds staff on the respective needs of each plant species, hardscape material, etc. and eliminate redundant or counterproductive maintenance activities.
71
Mulch coverage required to suppress weed growth or improve soil moisture and fertility
Excess of 2 inches of mulch in plant beds
72
Means and methods of construction
- responsibility of the contractor unless otherwise stated - can be specified in the contract documents When the contract documents give specific instructions for means and methods, the contractor is typically no longer considered to be liable for any damages resulting from compliance with those instructions.
73
Clerk of works
Generally responsible for verifying quantities of material delivered to the site and confirms that work is carried out properly and that health and safety rules are being followed.
74
Scope of Services
Typically found in a contract for design services. Extremely important part of contract as it describes the work to be performed by the landscape architect in exchange for the fee charged to the client. Vague, poorly worded or otherwise ambiguous scope of services in contracts can create a large number of problems for both the client and the designer, and, as such, it is critical that the scope of services contains clear language that accurately describes - to both party’s satisfaction - the work that is to be conducted by the designer.
75
Shop Drawings
Used extensively in the construction industry to bridge the gap between the level of detail shown in the construction document set and that required for the fabrication of the actual object. Shop drawings allow for designer review while also giving the contractor the flexibility needed to accomplish their work efficiently and economically
76
Overhead expenses for design firm
- general office supplies - leasing an office space - in-house printing - new telephones Overhead: non-labor costs associated with operating and maintaining an office.
77
Field order
Documents issued by designer that directs the contractor to alter some portion of the design as described in the construction drawings Issued when the modification will have no cost or time implications for the project or contractor Can originate from requests made by the contractor, designer, or owner, but all must be issued by the designer and approved by owner
78
Change order
Documents issued by designer that directs the contractor to alter some portion of the design as described in the construction drawings Issues when the modification will have cost or time implications for the project or contractor Can originate from requests made by the contractor, designer, or owner, but all must be issued by the designer and approved by owner
79
General conditions (contained in the project manual)
Outline the rules under which a project will be built and contain “boilerplate” language that establishes the rights, authority and obligations of the contracting parties. Often this boilerplate language is taken from documents by the AIA and is done so because the language has been developed (and proven effective) through use in countless construction projects over the past several decades. An added benefit of such language is that most or all parties will already be familiar with the phrasing and clauses contained in these documents, thus enhancing trust and removing ambiguity from this portion of the contract documents.
80
Task
Establishing objective Timeline for completion Level of effort required to complete the task
81
Acceleration
Scenario in which the contractor must hire additional workers, work overtime or incur other costs to meet a deadline
82
Management tools a project manager would utilize within a design firm
Project planning Scheduling Quality control Task management Budgeting Establishing project objectives and project management goals
83
A punch list would be created after
Notice of substantial completion Used to track any outstanding items Project is said to be complete once all of the items on a punch list have been resolved
84
Substantial completion
When project is deemed ready for its intended use Does not mean all aspects of project are 100% complete
85
What party is the surety on a performance bond
The bonding company
86
Performance Bond
Used to ensure that a financially responsible party will stand behind the prime contractor if he or she does not perform properly. If the contractor defaults on the contract, the surety will then be obligated to satisfy the terms of the contract. As a guarantor on the bond, the surety (the bond company) is obligated to perform or to pay a specified amount of money if the principal does not perform.
87
Years set for statute of limitations for most jurisdictions
6-10 years for design and construction related issues
88
Agency agreement
Consensual (mutual) agreements in which an agent is authorized to act on behalf of the principal within a specific capacity stated in the agreement. Theoretically, an agent can be empowered to take any legally permissible action that the principal could and the agent can enter into binding contracts on behalf of the principal.
89
Subcontractors
Independent contractors hired by the general contractor to perform a specific task of duty. Regardless of performance, subcontractor has no obligation to answer to the owner, owner’s representative or landscape architect because no direct contractual agreement exists between the subcontractor and these parties. Therefore, the subcontractor must ultimately (and only) answer to the general contractor that hired them
90
Field Report
Critical aspect of construction observation and administration Can be used to document the progress of construction work, observe the condition of stored materials, approve mock-ups and material samples, and confirm compliance with the contract documents, among other things.
91
To be valid and enforceable a contract must:
- exist between two or more consenting parties - be established while all parties are of a sound mental state
92
Corporations are considered distinct entities in relation to:
- issues of taxation - legal issues - debt - contracts
93
Corporations
Form of business distinct from owners May be owned by a single person, a group of individuals or stockholders, but these owners are not personally responsible for the legal or financial decisions of the corporation. Similar to an individual … permitted to conduct business, own property, enter into contracts and take on debt under their own corporate name. A legal entity created to act as an individual while protecting the owners in the firm. Licenses cannot be assigned to a corporate entity.
94
Post-Construction Evaluation
Used to determine if the design team as built meets the needs of the owner and site users. As such, they can provide the design team with valuable feedback and help them understand what aspects of their design were successful and what aspects could be improved in the future.
95
Primary purpose of “notice of substantial completion”
To establish that the project is suitable for occupancy or use for its intended purpose.
96
Active Interference
97
Determining percentage complete Specifications
50% started but not yet completed 90% completed but not reviewed for quality control
98
What items must be resolved prior to final completion?
All punch list items Lien releases Removing all debris from the property Final completion is last opportunity for all aspects of the construction project to be addressed
99
Percentage complete design drawing
25% drawing started but all elements of drawing are still in progress 50% plans, sections, and details are drawn, but dimensions, notes, and callouts are missing or incomplete
100
Builder’s Risk Insurance
Ex. During construction a structure is damaged by fire General contractor is responsible for obtaining this insurance
101
PM hire arborist to
- assess health of any existing trees on a project site - assess health of any newly planted trees on a project site - provide documentation of existing trees on site to satisfy code requirements
102
When is retainage released?
Notice of Final Completion
103
Retainage
Withheld from payments to the contractor and then released back to the contractor upon final completion. Generally considered to be a substantial incentive for the contractor to bring the project to completion and is, in this sense, a way for the owner to exercise some control over the contractor. The retainage on a project may range from 5-20 percent (5 percent or 10 percent is typical) and so - although a contractor may receive less money initially due to retainage - the overall contract value or total amount of money paid to the contractor is ultimately not affected by retainage.
104
Standardized/“boilerplate” language
Generally used in portions of design contracts because many or all parties will likely already be familiar with the language used, because it is less expensive than having such language be drafted by an attorney and because this language has been properly vetted through the court system (ie all parties understand the legal ramifications of the language contained in the boilerplate language). The use of boilerplate language generally has no effect on the length of the contract documents.
105
Proprietorships
-owned by an individual - require no formal documents are required for its establishment - can be discontinued at will at any time
106
Partnership
- pays no income tax - its owners or employees must, but the partnership is exempt.
107
When estimating the cost of construction for a proposed design, what factors should be taken into account?
- existing site conditions - scope of work - project schedule - anticipated cost of materials
108
Measures a developer can take to reduce risk associated with constructing a project
- require the contractor to obtain a performance bond - hire a third party to conduct a constructibility review of the proposed design prior to bidding and construction
109
Closeout procedures
- providing the keys to the owner - affidavits that confirm all workers have been paid - lien releases - as-built drawings - an operation and maintenance manual - warranty information
110
Punch list items
Generally small in scope because punch lists are created after the notice of substantial completion has been issued.
111
On public projects, a bid from a contractor could be rejected because
- contractor does not meet the bonding requirements for the project - bid was submitted late due to a power outage at the contractor’s office (no matter the reason) - bid form was altered by the contractor to include additional relevant information (no matter the reason)
112
Bar / Gantt Chart
Among the most simple and easy to understand ways of formatting a project schedule. Can be created with basic and easily available software. Designers will frequently utilize this type of schedule on small to medium-size projects, given that they will not need to track a large number of deliverables, deadlines, etc.
113
Addenda
Formal changes or clarifications issued by the owner or the owner's representative during the bidding period. Important to issue addenda so that all submitted bids are accurate and reflect the appropriate scope of work.
114
During a preliminary cost estimating exercise, a landscape architect would typically add a contingency allowance of:
5-10% to account for unforeseen variables that occur over the lifespan of a project.