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95 Cards in this Set
- Front
- Back
Define the problem definition stage of a project
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Define the client and the user
Determine the type of solution expected |
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Registered Landscape Architects shall limit their services to
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Those aspects of the profession for which they have expertise
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What is necessary to form a valid contract?
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Mutual agreement
Capacity to perform in manner proposed Consideration of exchange of promised value Genuine intent to proceed |
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Third Party Claim
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may result when a neighbors property outside the limit of work is damaged
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During the course of construction, the landscape architect discovers an error in
the construction that may cause a portion of the project used by the public to fail. The landscape architect informs the client, but the client refuses to allow corrections to be made. The landscape architect should do which of the following? |
I. Report the problem to the appropriate building official.
III. Refuse to go along with the client's decision. IV. Terminate services on the project. |
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Liquidated Damages
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must represent a reasonable measure of actual damages suffered by the owner.
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Regard to professional Liability
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Liability will increase with increased scope of work.
It is governed by general principles of law. Professional liability can be looked upon as inhibiting design. NOT TRUE: A client is more likely to sue if he/she thinks the landscape architect will be paying the claim rather than the insurance company. |
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General Conditions
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The basic rights and responsibilities of the landscape architect during the
construction of a project |
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Plans and specifications may contain discrepancies or deficiencies that may
lead to |
I. Request for information (RFI)
II. Drawing and/or specification correction III. Change orders |
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Instructions to Bidders
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• pre-qualifications data
• instruction on procedure to be followed in writing the bid • a list of plans and specifications and a detailed estimate of quantities for unit-price contracts or an exact definition of the scope of the work if the contract is lump sum • time of completion of work including starting date and the number of calendar days allowed for completion • responsibility of owner or bidder for accuracy of bidding information; unless stated otherwise, the owner is held for accuracy of information • reference to authority for accomplishing the work and other legal considerations involved • miscellaneous instructions relative to unique features |
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Bid Notice
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• work to be done and its location
• owner, name and address • landscape architect, name and address • date, place and time that bids will be opened • restrictions on submission, change or withdrawal of bid • character of the bid, e.g. lump sum or unit-price • work items and quantities • bond amount • contract surety - does the contractor have insurance • conditions of payment • information where plans and specifications may be obtained |
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Bid or Proposal Form:
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Prescribes the method to be used in preparing the bid. The form should contain
the following: • price for which contractor offers to perform the work • completion time • bond • contract surety agreement • additions to plans and specifications • list of subcontractors • experience record, financial statement, plant and equipment • declaration that no fraud or collusion exist • statement that the site has been examined and that the plans and specifications are under-stood • signature and witnesses Acknowledgement of addenda recieved |
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Bonding Capacity
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The most important factor by which to pre-qualify a bidder.
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Potential for change orders
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differing site conditions
design changes unavoidable factors affecting time of completion |
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Construction Change Directive
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is used in the absence of total agreement on the terms of the change order
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Contractor must submit before receiving final payment
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1. affidavit that payroll and material bills have been paid
2. Surety's consent to make final payment 3. Release and Waivers of liens |
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What occurs at substantial completion
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1. Owner may occupy the premises
2. Warranty for project begins 3. time for completion is established 4 last progress payment is requested |
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Title laws:
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Laws that prohibit non-licensed individuals from utilizing the title "Landscape Architect."
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Practice laws:
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Laws which prohibit non-licensed individuals from providing or advertising the
services of a landscape architect. These services are usually specified in the licensing law. |
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Title and practice laws:
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Several states have both title and practice laws that govern landscape
architecture as a profession. |
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Negligence
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negligence is a failure on the part of one person to exercise sufficient care or precaution to
protect the health and safety of another person. The following are required elements of negligence: • an injury to the health and safety of another caused by a failure to exercise reasonable care in performing an act or in performing an act which is not reasonable to perform. |
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Meeting Agendas
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Key Issues to be resolved to keep the project moving forward
Allow adequate time for discussion schedule should anticipate unforeseen issues arising which require some time |
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Corporate Power
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is the authority to collect revenues(from bonds, fees, taxes, and assessments) and to spend these monies to provide services and facilities such as roads, water and sewage facilities, parks, ect.
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Police Power
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is the authority to regulate citizen behavior in order to promote the health, safety, and welfare of the public.
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General Plans
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consists of a statement of development policies and includes diagrams and text setting objectives, principles, standards, and plan proposals
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General Plan Characteristics
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Physical
Long Range Comprehensive Statement of Policy |
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General Plan Elements
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Land Use Element
Circulation Element Housing Element Conservation Element Open-Space Element Noise Element Safety Element |
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Concurrency
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is the term that needed services be in place or planned for before new development is approved
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Eminent Domain
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the taking (with due compensation) of private land by a government agency
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Occupancy Permit
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is issued after the reviewing agencies are satisfied that all like safety and compliance with conditions or earlier permits have been resolved by the developer/contractor
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Post-Occupancy Evaluation (POE)
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involved the systematic evalution of opinion about built environments in use, from the perspective of the people that use them. It assesses how will the buildings or spaces match the needs of the users, and identifies means of improving, performance and fitness for purpose
be seen as a learning tool for future projects reducing design and maintenance costs enhancing user satisfaction, comfort and performance increase payback evaluation of sustainability in desing why attract more people success, strengths and failures |
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Common Phases of Post - Occupancy Evaluation
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Entry and Initial data collection
determining the research goals Collecting Data Analyzing Data Presenting Information |
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Types of POE
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Brief Indicative POEs
Detailed Investigative POEs Diagnostic POEs |
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Malfeasance
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refers to an erroneous professional action taken by a public official
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Misfeasance
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management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law. Misfeasance is distinguished from "malfeasance" which is conduct in violation of the law.
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Remand
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1. (Law) law (of a court or magistrate) to send (a prisoner or accused person) back into custody or admit him to bail, esp on adjourning a case for further inquiries to be made
2. to send back n 3. (Law) the sending of a prisoner or accused person back into custody (or sometimes admitting him to bail) to await trial or continuation of his trial 4. the act of remanding or state of being remanded 5. (Law) on remand in custody or on bail awaiting trial or completion of one's trial |
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Indemnification
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indemnification is the part of an agreement that provides for one party to bear the monetary costs, either directly or by reimbursement, for losses incurred by a second party.
typically not addressed in the specifications |
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Case Law
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1. (Law) law established by following judicial decisions given in earlier cases.
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Common Law
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A common law legal system is a system of law characterized by case law, which is law developed by judges through decisions of courts and similar tribunals.[1] Common law systems also include statutes enacted by legislative bodies, though those statutes typically either codify judicial decisions or fill in areas of the law not covered by case law
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Clustering
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concentrates development in one are while avoiding another area
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Transfer of development rights
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is a program or an agreement for relocation of residential density, possibly including the right to transfer development offsite to another property
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Negation
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repudiation or canceling a prior action
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Abatement
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is the action that would be taken against a property owner to enforce code compliance. If authorizes removal of an improvement not allowed by code.
In some cases, abatement costs are eventually paid by the property owner after a lien is filed on the property records. |
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Exoneration
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to relieve, as from an obligation, duty, or task.
When a landscape architect prepares to make a request for exoneration, the process in called substantial completion or final inspection. |
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Reciprocity
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a situation or relationship in which two people or groups agree to do something similar for each other, to allow each other to have the same rights, etc. : a reciprocal arrangement or relationship
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Sunset Law
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periodic reviews of title and practice acts
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Clean Water Act
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implements the component program, the National Pollutant Discharge Elimination System, through the work of civil engineers and landscape architects via temporary erosion and sediment control measures.
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Floor Area Ration
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areas of all floors of all buildings compared to the total site area.
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Summary of Judgement
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A grant of summary judgment is reviewed "de novo" (meaning, without deference to the views of the trial judge) both as to the determination that there is no remaining genuine issue of material fact and that the prevailing party was entitled to judgment as a matter of law.
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Gross Floor Area
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Total floor area contained with a building including the horizontal area of external walls.
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Interviewing Users
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A technique for forming project parameters
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Bid Allowance
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is used to sign a dollar amount to items that have not been specifically detailed
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Negligent
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is a failure on the part of one person to exercise sufficient care or precaution to protect the health and safety of another person.
The following are required elements of negligence - An injury to the health and safety of another caused by a failure to exercise reasonable care in performing an act or in performing an act which is not reasonable to perform. |
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Cost-Plus Contract
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it allows the owner to aquire best product to budget outcome.
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Post-Construction Evaluation
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- helps determine in an outdoor-use area in meeting the needs of the owner
-should be seen as a learning tool for future projects |
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Third Party Claim
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happen when neighbors property is damaged during construction,
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Signatures needed to finalize a change order
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contractor and owner
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Aerial Topography shows
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-Slope
-Vegetation -Drainage -Structures -Streams -Circulation |
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Functional Diagram
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the best and most appropriate relationship between function and space
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Key Sociological Influences on design
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Adaptability
Accessibility Health and Stress Context |
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Wanton
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done, shown , used maliciously or unjustifiable
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The purpose of an __________is to:
-Define the employees work responsibilities -Primarily protect the firm from employee action -Identify terms, such as severance pay, when an employee leaves voluntarily or is asked to leave |
Employee Agreement
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List the order of the following activities occur
-work plan -scope of services -RFP -budget |
1. RFP
2. Scope of Services 3. Work Plan 4. Budget |
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To perform landscape architectural services in a state you must.
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be a registered landscape architect
and be a licensed landscape architect |
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You have the legal power to bind the principal to the decisions you make with a third party.
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Fiduciary Responsibility
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What part of a professional services contract - relates to timing of performance?
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Part 3 - Scheduling
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What part of a professional services contract - discusses issues related to mediation and arbitration?
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Part 5 - Dispute Resolution
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What part of a professional services contract -includes such items as controlling construction costs?
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Part 2 - The Owners Responsibility
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What part of a professional services contract - refers to the design process?
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Part 1 - The Design Professionals Responsibility
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What part of a professional services contract - references reimbursable expenses?
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Part 4 - Methods of Compensation
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What part of a professional services contract - involves definition of final program requirements?
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Part 2 - The Owners Responsibility
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What part of a professional services contract - involves decisions related to designs?
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Part 1 - The Design Professionals Responsibility
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The term utilization rate is used to determine the
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efficiency of an employee
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A certification of payment contains information from which of the following documents?
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Change Order
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employee benefits
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payroll costs(DPE)
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include such items as sub-consulting fees and travel cost
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Direct Project Expenses
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refers to a variety of items that can be charged to a client
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Direct Project Expenses
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represents the single largest cost in any billings
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payroll costs (DPE)
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includes rent, promotion and office operation costs
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general overhead (GOA)
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typically the second largest cost item and does not add the cost of running a business
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Billables
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The certificate of substantial completion is completed by?
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the contractor and landscape architect
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What is not included in a Scope of Services?
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Client Involvement
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Type of chart that - Illustrates task interrelationships and important task interface?
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Isopach Chart
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Type of chart that - is simple and can show hours completed as well as duration of task and most common?
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Bar Chart
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Type of chart that - is simplest form of project management chart?
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Wall Chart
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Type of chart that - complex system that encourages active participation by all team members?
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C.P.M Chart
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Type of chart that - simple, does not show relationships?
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Milestone Chart
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Use when a project is clearly defines, is simple and with which you have considerable experience.
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Lump Sum
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Type of fee incorporated with other fees that can be used to cover up front expenses
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Retainer
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Usually used for open ended and hard to define projects
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Hourly Rate Times a Multiplier
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Encourages efficient management
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Lump Sum
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Cost plus fee
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best used when the drawings and specifications are not complete at the time of construction contract negotiation.
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Profit is separated and guaranteed.
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cost plus fixed fee
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The purpose of setting up project charts is to ?
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Maintain quality work
Monitor production activity manage sub-consultant activities |
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Joint Venture
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Joint-ventures are formed to create, from a legal standpoint, an single firm to do the work.
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