Professional Practice - Essay Example

 Professional Practice, Law and Contracts Abstract This paper deals with the basics of architectural contract formulation. The contract planning process will take effect under the guidelines of the JCLI landscape Works (2012) and the JCLI Landscape maintenance Works Contracts (2012)? My task is to fundamentally produce all the documentations required in the execution of a simple project under the aforementioned procedural requirements. The project aims to reduce costs associated with maintenance and management of green spaces in the city. The Programme mandated to carry out that task is the Urban Nature Parks Programme. Currently there is a lot of money and resources spent in the ongoing management and maintenance of the green areas of the City hence the need to try and curb the cost incurred. The Urban Nature Parks Programme has enlisted the help of a landscape practice in Sheffield to undertake the lead in the project. I have been appointed to run point in this project. In a nut shell I have four elementary tasks that I need to undertake. The tasks include Anticipating Legal or procedural issues that might affect the execution of the system Provide the necessary documentation essential for the contract to facilitate the tendering process Aid in appraising the Practice standard associated for such a task and lastly Assist in the process of tendering for the purpose of certifying that the process goes as per the requirements of a proper procedure The area to be worked on is approximately 100metres by 150metres. The area has some grass, some indigenous Oak trees and weeds that facilitate fly trappings. Local residents do not enjoy the area so much because of these said disadvantages. There have been complains about hedges growing wildly and this can pose a security threat to the locals of that area. The Urban Parks Programme intends to grow trees to fill up 80% of the Park and Wild grass that needs maintenance once every year to fill up the rest of the Park. Output 1 Legal and Planning Concerns for the Project The JLCI LWC is unambiguously for Landscape systems that include lax Landscape works. However, they are not suitable for use on schemes requiring named or designated sub-contractors, scheduled phased instigation and/or accomplishment, as well as not being suitable for projects of over roughly £200,000 (Walters, 2010). For projects demanding elements to be deliberate by the Service provider the JCLI Landscape Mechanism Contract with Contractor’s Design (JCLI LWCD) must be used over JCLI LWC. This is significant to our project since we need to provide bills of quantiles that need to meet the various requirements of the project. Correction of discrepancies (clause 2.4 in JCLI LWC – clause 2.5 in JCLI LWCD) This does not deliver that every adjustment is to be treated as a deviation. Where there are priced Work Programmes any correction which results in a modification to the quantities and/or rates in the Work Programmes will result in a deviation (Walters, 2010). This clause comes to bare because my Company has set out two people to do two similar tasks. In essence I will be providing an estimate while my colleague is tasked with the actual budgeting of the entire project. Defects and Establishment of Plants (clauses 2.1 0A / 2.10B in JCLI LWC – clauses 2.11A / 2.11B in JCLI LWCD) it is vital for a successful soft landscape structure to have an establishment era during which care of the soft landscape is carried out by the equivalent landscape freelancer as mounted the soft landscape works (Nicola, 2011). This guarantees that plants (including grass) which flop to thrive for whatever purpose (other than theft and malevolent damage, vehicular mutilation) are replaced at no cost (for the preservation contract duration) provided such a requirement is included in the preservation contract description. This section is significant to the freelancer as it prepares him/her for responsibilities that lay there ahead for him. Protection and security of the plants lie squarely under his watch. Malicious Damage (clause 2.13 in JCLI LWC – Clause 2.14 in JCLI LWCD) the normal contractual condition is that the Contractor is entirely accountable for work arising from any burglary or malicious mutilation prior to practical accomplishment (Dana, 2012). Clause 2.13 enables an impermanent sum to be encompassed in the contract for spending on training by the Landscape Designer/Contract Supervisor to replace work, replace plants etc. resulting from theft or malevolent damage beyond the control of the Servicer prior to practical accomplishment. This clause should only be used in environments where the Contractor will be unable to protect the site and substantial damage/losses are foreseen; for example, for a scheme to reinstate planting on a fully engaged and operational merchandising park in an area of high wreckage/theft. This clause only applies if a temporary sum is stated in the Agreement Particulars. The contractor needs to know that all works performed and done prior to completion of project are under his responsibility. Others include:- Temporary Protection Watering Frost Damage Plant Specification Output 2 Contract Documentation: Contract Drawing Existing Situation Proposed Scheme Work Schedule Job description Quantity Unit Rate Amount Premium Premium Amount Clearance Grass clearance 9000sqm 60% Tarmac Clearance 741sqm 4.94% Hedge Clearing 496sqm 3.3% Earth Works Making land evenly flat 15000sqm 100% Land Preparation Ploughing 15000sqm 100% Manure Incorporation 15000sqm 100% Harrowing 15000sqm 100% Planting Cost of grass seeds 3000sqm 20% Cost of Tree Seedlings 12000sqm 80% Cost of Fertilizer 3000sqm 20% The Maintenance Schedule Job Description quantity Unit Rate Amount Premium Premium Amount Turf Care Mowing and Edging 15000sqm 100% Fertilization 3000 ounces Insect and Disease Control 3000 cum Weed Control 3000 sqm Irrigation 15000 sqm Renovation 741 sqm Tree Maintenance Pruning 12000 sqm Fertilization 12000 sqm Insect and Disease Control 12000 cum Weed Control 0000 sqm Irrigation 12000 sqm Mulch 7cm Litter and Debris Removal Provisional Sums Some of the temporary sums in the scheme can include pest discovery. As an aid in the exposure of pests and to define when and where resource should be taken to preclude damage, Researchers have industrialized the (AT) or economic verge for turf pests. The AT is the argument with which accomplishment should be strongly reflected. The ATs for turf vermin are shown below: Pest Number per sq. feet Monitoring Method Armyworms 3-4 Visual, soap flush Bill Bugs 6 Visual Chinch bugs 20 Flotation, soap flush Cutworms 1 Visual, soap flush White grubs 3-4 Visual Mole Crickets 1-2 Visual, soap flush Sod webworms 5-8 Visual, soap flush Output 3 Specification Checklist Turf Care 1. Mowing and Edging All grass must be kept at the recommended height, 12inches using mulching, revolving type, and mowers. Clippings will be scrubbed, blown, or vacuumed from pavements, patios, curbs, and roads directly after mowing or trimming. They will not be gusted into storm pipes. Blowers will not be used in car parks. Any damage to automobiles, including loss from vegetative fragments and grass trimmings, is the duty of the contractor. Mowing must be focused away from water bodies and impermeable surfaces. Turf grass trimmings are a cause of slow-release nitrogen. Leaving the trimmings, rather than removing and trapping them, reduces both conception needs and the quantity of plant material that must be disposed. Fertilizer Turf shall not be inseminated when heavy rain is anticipated. A "Ring of Responsibility" will be left everywhere or along water bodies. The Ring of Obligation shall extend at least 10 feet from the start of the water. Fertilizers must comprise slow-release nitrogen and will be smeared at the rate of no more than one ounce of nitrogen per 1,000 square feet. This is done by dividing the percentage of nitrogen into 100. . Insect and Disease Control Choose a contractor that uses (IPM) for insect, illness, and weed control. The choice to apply a pesticide must be maintained by checking records (IPM Field Reports). Requests of insecticides and fungicides will be synchronized with the irrigation timetable. 4. Weed Control Weeds are often the outcome of thin, unthrifty turf meadow. Cultural practices that inspire deep, healthy roots joint with proper composting and irrigation may lessen this problem. However, treatments with a pre- or post- appearance herbicide may be indispensable. Pre-appearance herbicides curb weeds before germination. The products designated for control must be used at the suggested label rates. Post-appearance herbicides curb weeds after germination. They must be smeared according to the label commands, especially those regarding Sheffield temperatures. The curbing of sedges occasionally falls outside the yearly contract and may need an extra bid. 5. Irrigation Irrigation systems must be functioned in a well-organized manner that reduces run-off and filtration further than the root zone. Usually, irrigation should be used only when needed. The use of involuntary rain shut-off campaigns is obligatory by state law. 6. Renovation Turf makeover falls outside the yearly contract and will necessitate an additional bid. It is important to define the cause of grass degeneration to regulate whether turf grass or a low- preservation groundcover is the better decision for the region. Renovation should agree with the rainy season to decrease the irrigation request for plant founding. Tree Maintenance 1. Pruning Pruning is the discerning removal of plant parts and twigs to improve wellbeing, control growth, or improve fruiting, flowering, or attendance. Corrective trimming shall be done to uphold the ordinary shape and features of the species. Trees shall be informally pruned based on the requirements of each species. Certain budding shrubs have unambiguous times when they ought or should not be trimmed. Trees need their greenery for photosynthesis and dynamism production. It is desirable not to eradicate live, healthy leaves. Discoloration of the lower leaves branches can be an indication of natural senescence (normal maturity), but can also be initiated by nutritional deficits. Proper conception prevents early leaf yellowing. There are more than a few reasons for trimming trees: Fertilization Established saplings and shrubs generally do not need incremental fertilizer unless they are lacking in a specific sustenance. Over-fertilization inspires excessive growth that marks in increased demand for clipping. During the formation phase trees and ground covers shall be composted with a slow-release stimulant at the speed of no more than four ounces of nitrogen per 1,000 square feet of embedding area. The compost shall comprise both nitrogen and potassium, in slow-release procedure. A soil test ought to be used to define if magnesium (Mg), and minor components such as iron and manganese are necessary. If the soil test designates that these rudiments are needed, fertilizer ought to contain 3% - 5% (Mg) and 1% - 2% iron and manganese. 3. Insect and Disease Control As stated above, contractor will employ (IPM) practices. 4. Weed Control All areas surrounding trees, palms, and shrubs need be mulched and conserved weed free. During months of dynamic growth, weed regulation must be consummated every week. Decorative beds, hedge expanses, and tree quarters will be kept free from weeds by such motorized means as weeding or hand hauling, and/or by herbicide requests. Through appropriate cultural follows of weekly hand hauling and selective spot handlings with herbicides, use of manual labour and herbicides will in the end is greatly condensed. Where biochemical weed regulation is thought to be compulsory, contractors are stimulated to use the least poisonous, target-specific constituents and methods. 5. Irrigation Irrigation should be employed only when necessary. The use of involuntary rain shut-off devices is obligatory by law. 6. Mulch Mulches are an all the time more important part of the urban landscape. Mulched scenery lessens soil and water run-off, holds dampness in the root zone and deters weeds. Mulch shall be preserved at a deepness of at least six to seven centimetres. When supplementary mulch is compulsory, the contractor should find a separate bid for consent. The use of leaves made from right materials such as recycled hardwood covering, pine needles, and pine bark is suggested. Grade B cypress coverings made from entire tree wood are not acceptable because reaping from the wild diminishes cypress marshlands. Litter and Debris Removal Contractor shall collect all debris generated (with the segregation of grass clippings and fallen leaves) through maintaining the property. Other debris from storms, freezes, and other ordinary events fall freestanding the yearly contract and may necessitate a separate bid. Output 4 Tendering Process Bidding and Evaluating Bidders Major factors to cogitate when researching landscape conservation and work contractors are knowledge, orientations, and facilities (Dana, 2012). Contractors should afford references, especially from relatives of analogous dimension and landscape. The connotation should conduct a comprehensive exploration and each orientation should encompass three main items. They are: the extent of time the agreement has been in play, historic data associated to any value increases, and A definite name to contact for more facts. Bidding the Contract The last stage in the choice of the landscape conservation contractor is the tendering process. I should research syndicates, invite submissions, and secure six bids. There are numerous ways to locate good scenery maintenance firms. Contact indigenous landscape supply companies. Selecting the Best Bid After getting the tender, review and select the supplier. Establish a specification for each proffering contractor to govern the most standard quote. The checklist erection should reflect the contractor's devotion to the stipulations, alternative suggestions, orientations, and price (Nicola, 2011). The final conclusion should be based on the specification. Legal Review Before taking a contract, the firm’s attorney should critic its legal construction and phrasing since necessities such as termination and dissolution laws, agreement term period desires, severability, and other materials differ from City to City ( Walters, 2010). Each firm has unique desires, and sample agreements from other firm’s may not apply to the condition or may not conform to the law. The panel of directors or administrators should evaluate the contract with the advocate. The counsellor should be conveyed during final receiving of any contract, particularly if any articles are conveyed. Environmental Concerns Protecting the environs has become a main issue for both public well-being and fiscal reasons. One of the preeminent ways to decrease pollution is to use restraint when applying composts (Nicola, 2011). Heavy summer rains aggravate the drawback of nitrate leakage or run-off. Heavy fertilization with nitrogen in the summertime also inspires insect and disease difficulties Conclusion Contractor Performance Evaluation The contractor routine evaluation is the final component of an effective contract (Dana, 2012). The Company should state in the agreement body or in the stipulations section that it will elect one person as the designate who will give the contractor course. This establishes a correspondence link when any difficulties arise during the contract period. Landscape Maintenance Contract Specifications Performance and Activities The performance standards should plan general standards and opportunity, and the contractor's precise activities in the areas of turf organization (Dana, 2012); shrub, tree, and bed repairs; litter elimination; and clean up. General Standards Contractor shall: Show information of place (specific site conditions) Point out predating conditions and strategy for remedial actions Have a documentation of indemnification with compulsory exposure (including Workers Recompense) Provide transcribed reports Provide all tools, implements, equipment and workforce Perform at utmost standards Have a Green Manufacturing (BMPs) documentation of closure Comply with native (city and/or county), fertilizer and pesticide regulations Avoid ambiguous linguistic References Dana, S. 2012. Building Information Modelling: A strategic Implementation Guide for Architects, Engineers, Constructors, and Real Estate Asset Managers, Oxford Publishers, Oxford Nicola, G. 2011. Professional Practice for Landscape Architects, Architectural Press: Sheffield Walter, R. 2010. The Professional Practice of Landscape Architecture: A complete Guide to Starting and Running your own Firm, John Wiley and Sons. New York Read More